City Council Minutes
Regular Meeting – March 28, 2023 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING – OPEN SESSION
MARCH 28, 2023
The City Council of the City of Downey held a Regular City Council Meeting – Open Session on March 28, 2023, at 6:34 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 (absent)
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3
ALSO PRESENT: Roger Bradley, 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 Pastor Reginald K. Guidry. The Pledge of Allegiance was led by Girl Scout Troop 01173.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn reported attending the Chamber of Commerce luncheon, the Contract Cities Association visit to the H2 Microgrid, the Gangs Out of Downey luncheon, the 5K for TLC event, a meeting with City Manager Bradley regarding setting goals, and the Coffee with the Mayor event.
Council Member Sosa reported attending the Gangs Out of Downey luncheon, the 5K for TLC event, the Downey Chamber of Commerce Street Faire, the Coffee with the Mayor event, the ARC Walk for Independence event, the Women of the Year event hosted by Assemblymember Pacheco, the Downey Elks Lodge Swearing-In Ceremony, the Father-Con luncheon, and the Coffee with a Cop event.
Mayor Frometa welcomed the audience to the City Council meeting and commented regarding civic engagement. She reported participating in a visit from Governor Newsom. She recognized the 50th Anniversary of the last American troop leaving Vietnam, acknowledged the Vietnam War Veterans in the audience, and invited the audience to attend the Wreath-Laying Ceremony. She reminded the audience regarding the services provided by the Center for Military and Veterans Reintegration. She invited the public to attend the Kiwanis Car Show event, the Brunch with a Bunny event, the City of STEM Kick-Off event, the Keep Downey Beautiful Cleanup Event, and the Downey One Day of Service event. She commended the Downey Police Department for their hard work on speed enforcement and coordinating the homeless encampment cleanups, the Fire Department for keeping the City safe, and Social Media Coordinator Munoz for updating City information on social media platforms. She
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Regular Meeting – March 28, 2023 2
requested staff address transient activity and encampments in the areas of Imperial Hwy. and Paramount Blvd., and Imperial Hwy. and Smallwood Ave. She commented regarding adoption of the oversized vehicle parking Ordinance.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley stated staff is aware of the areas listed by Mayor Frometa and is working with property owners to address the issue.
PRESENTATIONS
1. Mayor Frometa presented the Mayor’s Legacy Award to Kathy Crowe-Perez and Reggie Donahue.
2. Mayor Frometa with assistance from Chief Murray presented a City Tile to retired employee with 31 years of service, Sergeant Gerald W. Massie, Jr., Downey Police Department.
3. Mayor Frometa presented Certificates of Recognition to Downey High School Cheer Team for winning the CIF Championships.
4. Mayor Frometa presented a Proclamation in honor of City of STEM to Executive Director of the Columbia Memorial Space Center Dickow.
PUBLIC HEARINGS
1. PUBLIC HEARING CONCERNING THE GRANTING OF A FRANCHISE AGREEMENT WITH TITAN TRANSPORTATION, INC. & APPROVAL OF A NON-EXCLUSIVE FRANCHISE
AGREEMENT FOR TOWING AND STORAGE SERVICES WITH TITAN TRANSPORTATION, INC.: Police.
1) CONDUCTED A PUBLIC HEARING CONCERNING WHETHER TO GRANT A FRANCHISE AGREEMENT WITH TITAN TRANSPORTATION, INC. ON THE TERMS AND CONDITIONS SPECIFIED IN THE RESOLUTION; AND
2) ADOPTED RESOLUTION NO. 23-8159, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING A FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES WITH TITAN TRANSPORTATION, INC.
Mayor Frometa opened the Public Hearing at 7:37 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Pro Tem Trujillo absent, to receive and file the publication.
Chief Murray presented the staff report for Item No. 1. She shared the number of vehicles impounded per year and the typical reasons for impounding vehicles. She stated the City has historically sought towing franchise agreements to control and maintain costs, ensure a fair market for such services, and maintain the integrity of property storage. She stated the City sent out a notice for a Request for Proposals for a non-exclusive franchise agreement for towing and storage services on August 31, 2022 and one qualified company, Titan Transportation, Inc., returned a proposal by the deadline. She shared staff evaluated the agreement, made minor changes, and negotiated the final language. She reported the two changes include an adjustment of the hours of operations from 7:30 a.m. to 7:30 p.m. to 7:00 a.m. to 5:30 p.m. She shared the change in hours results in decreased staffing needs and limits impacts to services. She noted the hours are consistent with those of the Records
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Regular Meeting – March 28, 2023 3
Department, where vehicle owners must first obtain a release form before picking up their vehicle from the tow yard. She added the second change affected the definition of “gross revenues” which included the totality of towing and storage fees and the 3% credit card fees. She stated the definition excludes the credit card processing fees from gross revenues and advised the City is conducting a Public Hearing in accordance with the City Charter. She shared staff’s recommendation to approve the non- exclusive franchise agreement with Titan Transportation, Inc. and the accompanying Resolution. She commented regarding the company’s response times and responsiveness to the community.
Council Member Horn inquired regarding the fees charged for a vehicle not under investigation if towed at 10 p.m. and stored less than eight hours. Chief Murray responded the vehicle would be charged for one day of storage. She added the individual would come to the Police Department to obtain a release form and contact Titan Transportation, Inc. during business hours. Captain Parino clarified the scenario described by Council Member Horn would be considered a standard release and storage fees do not begin until after the eight -hour window passes. Council Member Horn requested to confirm there would be no need to prorate the fee if the fees are not charged until after the eight-hour window. Captain Parino responded the charge would be the standard release fee and noted the Police Department’s release fee is consistent, regardless of the time the vehicle is in impound.
Mayor Frometa, at 7:45 p.m., opened this item for public comment. Mayor Frometa asked City Clerk Duarte if any written public comments were 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 free speech, State and Federal regulations, Constitutional rights, impounded vehicles, vandalism, staff availability, franchising of services, and the terms and conditions of the agreement.
BC, resident, commented regarding competition, criteria for a Public Hearing, bureaucracy, criteria for impounding vehicles, and public comment.
Having no one else, Mayor Frometa closed the Public Hearing at 7:52 p.m.
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Pro Tem Trujillo absent, to adopt Resolution No. 23-8159, a Resolution of the City Council of the City of Downey approving a Franchise Agreement for Towing and Storage Services with Titan Transportation, Inc.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS
Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non-Agenda items. City Clerk Duarte confirmed one written public comment was received.
Chris Rowland, resident, commented regarding concerns in his neighborhood and the installation of a wall on Manzanar Ave.
Mayor Frometa commented regarding staff’s efforts to address the issue.
It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 3-0, with Mayor Pro Tem Trujillo absent, to receive and file written public comment.
Mayor Frometa asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non-Agenda items.
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Regular Meeting – March 28, 2023 4
Armando Herman, non-resident, commented regarding free speech, the public comment period, and the rules of decorum.
Manuel Ojeda, resident, commented regarding collaborating with the City of Norwalk to address traffic issues on Cecilia St. and thanked the City Council.
Lee Squire, resident, commented regarding the Vietnam War Veterans Memorial and requested a dozen red roses be placed at Dennis the Menace Park in honor of Veteran Craig E. Williams.
Marybeth Vergara, resident and Regional Parks and Open Space District Representative, commented regarding the Measure A Technical Access Program.
Alan Halstensgaard, resident, commented regarding religion and sin.
BC, resident, commented regarding elected officials and legislation regarding gender-affirming care.
Resident, no name provided, commented regarding traffic concerns on Cecilia St. and thanked the City for working to address the issue.
Non-resident, no name provided, commented regarding traffic concerns on Cecilia St. and requested additional police presence.
City Manager Bradley stated staff is aware of the issue and the Public Works Department staff is evaluating options to address the traffic concerns. He anticipated scheduling a meeting with residents soon.
Speaker, no name provided, commented regarding SEAACA, disposition reports, shelter overpopulation, adoption of dogs that are not spayed or neutered, and adoption fees.
Bernadette Ojeda, resident, thanked staff for their work addressing traffic issues on Cecilia St. and thanked Mayor Frometa for acknowledging her daughter at City Council meetings.
Mayor Frometa shared she has spoken to Norwalk Council Members regarding this issue.
John Lacey, resident, recited I’m Nobody! Who are you? by Emily Dickinson.
Speaker, no name provided, commented regarding services provided by SEAACA, public hours of operation, and shelter overpopulation.
Lily Gomez, resident, thanked the City Council for the work that has been performed regarding Manzanar Ave. and commented regarding volunteering and issues on Manzanar Ave.
City Manager Bradley shared there is a temporary barricade currently in place on Manzanar Ave., and staff will be conducting a traffic study to evaluate options to address the issue.
Jose Luis Gomez, resident, expressed concerns regarding issues on Manzanar Ave.
Jose Gomez, resident, commented regarding issues on Manzanar Ave., the shooting in Nashville, Tennessee, leadership, and Jesus Christ.
Rodolfo Cortes Barragan, non-resident, commented regarding the public comment period, elected officials, homelessness, and terrorists.
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Juan Martinez, resident, commented regarding Council Members, Interim City Attorney Langer, First Amendment rights, and the Brown Act.
It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 3-0, with Mayor Pro Tem Trujillo absent, to close public comment.
CONSENT CALENDAR
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Pro Tem Trujillo absent, to approve the Consent Calendar.
2. APPROVED MINUTES: Special Meetings of February 14 and March 14, 2023; Regular Meetings of February 28 and March 14, 2023: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 366495-366862; Payroll Wire Nos. 30004324, 30004327- 30004329; EFT Nos. 12309 – 12365; and Manual Wire No. 2358, in the total amount of $4,090,407.87: Finance.
4. AWARDED CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $253,960 FOR THE CONSTRUCTION OF 6TH ST. WATER SYSTEM IMPROVEMENTS; AND,
AUTHORIZED THE INTERIM PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 23-19): Public Works.
5. AWARDED CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $319,400 FOR THE CONSTRUCTION OF STAMPS RD. WATER SYSTEM IMPROVEMENTS; AUTHORIZED TRANSFER OF $185,098 FROM WATER FUND CIP ACCOUNT NO. 51-1-8679 TO WATER FUND CIP ACCOUNT NO. 51-1-8694; AND, AUTHORIZED THE INTERIM PUBLIC
WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF
WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 23-21): Public Works.
6. AUTHORIZED THE FIRE CHIEF OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE DISBURSEMENT OF THE 2022 STATE HOMELAND SECURITY (SHSP) GRANT FUNDS; ACCEPTED AND APPROPRIATED $178,364 OF 2022 SHSGP FUNDS; AND, AUTHORIZED THE FIRE CHIEF OR HIS DESIGNEE TO EXECUTE ANY
AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY THIS MAY
INCLUDE ACCEPTANCE OF ADDITIONAL GRANT FUNDS FROM THE COUNTY OF LOS ANGELES IF THEY BECOME AVAILABLE DURING THE GRANT PERIOD: Fire.
7. AWARDED AN ON-CALL HAZARDOUS MATERIALS DISPOSAL AND EMERGENCY
ABATEMENT SERVICES MAINTENANCE AGREEMENT TO OCEAN BLUE ENVIRONMENTAL SERVICES, INC., FOR A THREE (3) YEAR TERM: Public Works.
8. ADOPTED ORDINANCE 23-1505, 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.
ADMINISTRATIVE REPORTS: None.
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ADJOURNMENT
Mayor Frometa adjourned the Regular City Council meeting at 8:38 p.m. in memory of the victims of the school shooting in Nashville, Tennessee; Chicago Police Officer Andres Vasquez Lasso, killed in the line of duty; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor