City Council Minutes
Regular Meeting – April 11, 2023 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING – OPEN SESSION
APRIL 11, 2023
The City Council of the City of Downey held a Regular City Council Meeting – Open Session on April 11, 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: Roger Bradley, City Manager
Vaniah De Rojas, Interim Assistant City Manager
Melissa Crosthwaite, Interim Assistant City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Edwin Norris, Interim Public Works Director
Gregory Pfost, Interim Community Development 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 Dan Dutch, Desert Reign Church. The Pledge of Allegiance was led by Assistant Fire Chief Anthony Hildebrand.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn reported meeting with the public and handling City complaints. He reported attending the Brunch with the Bunny event. He shared he is working with the Chamber of Commerce to arrange visits to the H2 Microgrid Home.
Mayor Pro Tem Trujillo wished the audience a happy spring break and happy Easter. He reported attending the Downey Symphony Concert for fifth grade students and thanked Downey Kiwanis for sponsoring the event. He commented regarding the Downey Kiwanis and Downey Los Amigos Kiwanis Clubs. He reported attending the Brunch with the Bunny event and a meeting with Verizon. He requested staff research inclusion of cell antennas in the City. He reported attending a meeting with Congresswoman Linda Sanchez, the City Council Goal Setting Workshop, and a meeting with the Downtown Downey Improvement Association (DDIA) regarding proposed improvements. He requested staff consider a Council Policy to allow remote participation of Council Members in Council meetings per Assembly Bill 2449. He requested staff create a “Keep Your Money in Downey” campaign and requested staff recruit a Korean BBQ restaurant. He asked staff to develop a plan and identify potential locations for a community garden. He requested staff develop a Woodruff Blvd. Beautification Plan and requested staff develop a parking zone to include Bellflower Blvd., Lakewood Blvd., Buckles St., and Stewart and Gray Rd.
City Council Minutes
Regular Meeting – April 11, 2023 2
Council Member Sosa thanked the audience for attending the City Council meeting. He reported attending the Contract Cities Association dinner with Sheriff Luna, the Contract Cities Association Public Safety meeting, the Downey Los Amigos Kiwanis Car Show, the City of STEM event, the Robotics and Engineering Showcase event, and the Downey Symphony Concert for fifth grade students.
Mayor Frometa acknowledged Michael Calvert, Jorge Villa, Hans Fritz, Carmen Padilla Gonzalez, and Alfred Tovar in attendance. She thanked the audience for attending the City Council meeting. She acknowledged the 23rd class of the Police Citizens Academy and thanked the Police Department for coordinating the Academy and the Neighborhood Watch Program. She reported attending the Contract Cities Association dinner with Sheriff Luna and the City Council Goal Setting Workshop. She announced the renewal of the Veterans Subcommittee and commented regarding reintegration activities in the City. She reported attending the Theatre Subcommittee meeting and commented regarding working with the DDIA on engaging local businesses. She invited the public to watch Mayor Frometa’s 90 Second Round Up for information regarding upcoming events. She requested staff research the cost of obtaining a Gateway sign in Downtown Downey. She commented regarding speed enforcement and monitoring of speed racing, and the Bin It campaign. She encouraged residents to download the Downey App to report issues around the City.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley requested concurrence for future agenda items pertaining to Council Policy to discuss remote participation of Council Members in Council Meetings per AB 2449, a “Keep Your Money in Downey” campaign, recruitment of a Korean BBQ restaurant, the Woodruff Blvd.
Beautification Plan, development of a parking zone to include Bellflower Blvd., Lakewood Blvd., Buckles St., and Stewart and Gray Rd., and the cost of a Gateway sign in Downtown Downey. He shared the community garden is presently part of staff’s work plan and acknowledged the request regarding inclusion of cell towers in the City.
PRESENTATIONS
1. Mayor Frometa with assistance from Chief Murray and Assistant Chief Hildebrand presented a Proclamation in honor of National Public Safety Telecommunications Week, April 9-15.
2. Mayor Frometa with assistance from Library Director Dickow presented a Proclamation in honor of National Library Week, April 23-29.
3. Mayor Frometa with assistance from Interim Public Works Director Ed Norris presented a Proclamation in honor of Arbor Day.
4. Mayor Frometa presented a Proclamation in honor of April is Fair Housing Month.
5. Mayor Frometa presented a Military Recognition to Christopher Troy Robinson, Sr., U.S. Army Veteran.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:33 p.m. Mayor Frometa reconvened the City Council meeting at 7:37 p.m. with all Council Members present.
PUBLIC HEARINGS: None.
City Council Minutes
Regular Meeting – April 11, 2023 3
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS
Interim Assistant City Attorney Crosthwaite commented regarding steps taken to maintain decorum in the Council Chambers and reduce distractions, the Brown Act, and public participation in the Council meeting.
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 comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non-Agenda items.
Lee Squire, resident, requested a proclamation in honor of Holocaust Remembrance Day and a flag flown in honor of Vietnam Veteran Craig E. Williams.
Alan Halstensgaard, resident, commented regarding Bible verses, fentanyl, COVID-19, China, and abortion.
BC, resident, commented regarding the traffic issues on Manzanar Ave. and Meldar Ave., and Item Nos. 9, 12, and 13.
John Edwards, President of Raw Inspiration, commented in opposition to removing the current Farmer’s Market vendor, Raw Inspiration.
Melissa Farwell, Raw Inspiration employee, commented in opposition to removing the current Farmer’s Market vendor, Raw Inspiration.
Lorine Parks, resident and Downey Symphonic Society Board Member, commented in support of the funding request for the Downey Symphonic Society.
Tom Hutchinson, resident, commented in support of the funding request for the Downey Symphonic Society.
Dorothy Pemberton, resident, commented regarding Arbor Day and in support of the funding request for the Downey Symphonic Society.
Hans Fritz, DDIA, commented regarding the Farmer’s Market and the DDIA, and requested to allow the DDIA to issue the Request for Proposals for management of the Downey Farmer’s Market.
Jorge Villa, DDIA President, commented regarding the Farmer’s Market and the DDIA, and requested to allow the DDIA to contract with the operator of the Downey Farmer ’s Market.
Carol Kearns, resident, commented in favor of retaining management of the Downey Farmer’s Market with Raw Inspiration.
Christopher Rowland, resident, commented regarding installation of a wall on Manzanar Ave. and Meldar Ave.
Anthony Crespo, resident and Downey Symphonic Society Board Member, commented in support of the funding request for the Downey Symphonic Society.
Resident, no name provided, commented in support of expanding SEAACA’s hours of operation.
City Council Minutes
Regular Meeting – April 11, 2023 4
John Lacey, resident, thanked the Downey Police and Fire Department for their service and commented regarding withdrawal from Afghanistan, oil, gas prices, sale of a portion of the strategic oil reserve, China, banking, interest, Ukraine and Russia, drug abuse, immigration, gender ide ology, release of inmates from prison, and contacting elected officials regarding these issues.
Monica Gross, resident, commented regarding unpermitted street vendors selling food outside of the schools and in opposition to DDIA involvement in the management of the Downey Farmer’s Market.
Armando Herman, non-resident, commented regarding First Amendment rights, elected officials, the Central Basin Municipal Water District, and the Brown Act.
Kevin Ezeh, resident, commented in opposition to allowing the DDIA to manage the Farmer’s Market.
Linda Saldana, resident, commented in support of the funding request for the Downey Symphonic Society.
Jose Gomez, resident, expressed concerns regarding issues on Manzanar Ave. and Meldar Ave.
Having no one else, Mayor Frometa closed public comment.
City Manager Bradley commented regarding City efforts to address the issues on Manzanar Ave. and Meldar Ave., anticipated completion of the studies regarding this matter, and reported that information regarding the next steps would be coming soon.
CONSENT CALENDAR
Mayor Pro Tem Trujillo abstained from Item No. 1, Regular Meeting Closed Session Minutes of March 28, 2023, and Item No. 3 due to owning property in the area.
Council Member Sosa commented regarding Item No. 9 and shared the item was pulled from the previous agenda for further research. He expressed concerns regarding the ballot initiative and commented in favor of Item No. 9.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve the Consent Calendar.
1. APPROVED MINUTES: Regular Meetings of February 14, March 14, and (Closed Session) March 28, 2023: City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 366863-367205; Payroll Wire Nos. 30004326 and 30004330- 3000433; EFT Nos. 12366 – 12404; Manual Wire Nos. 2359-2362, and Cashier’s Check No. 0160 in the total amount of $3,419,100.18: Finance.
3. AWARDED CONTRACT TO DOMINGUEZ GENERAL ENGINEERING, INC. IN THE AMOUNT OF $633,700 FOR THE CONSTRUCTION OF 4TH ST. WATER SYSTEM IMPROVEMENTS; APPROVED THE TRANSFER OF $447,000 FROM WATER FUND CIP ACCOUNT NO. 51-1-8695 TO WATER FUND CIP ACCOUNT NO. 51-1-8693; AND, AUTHORIZED THE CITY MANAGER,
OR HIS DESIGNEE, TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF
WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 23-20): Public Works.
City Council Minutes
Regular Meeting – April 11, 2023 5
4. APPROVED THE UPDATED AGREEMENT WITH THE FIRE PROTECTION DISTRICT OF LOS
ANGELES COUNTY FOR THE EXCHANGE OF FIRE PROTECTION AND RESCUE SERVICES,
OTHERWISE KNOWN AS MUTUAL AID AND AUTOMATIC AID, FOR EMERGENCY RESPONSE TO FIRES, MEDICAL AIDS, AND OTHER EMERGENCIES; AND, AUTHORIZED
THE FIRE CHIEF TO EXECUTE THE UPDATED AGREEMENT WITH THE FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY: Fire.
5. APPROVED THE WIRELESS COMMUNICATIONS USE AND MAINTENANCE AGREEMENT
WITH THE INTERAGENCY COMMUNICATIONS INTEROPERABILITY SYSTEM (ICI), JPA IN THE AMOUNT OF $4,000, INCLUDING ANY NON-SUBSTANTIVE EXTENSIONS, CHANGE
ORDERS, PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $10,000; AND, AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE WIRELESS COMMUNICATIONS USE AND MAINTENANCE AGREEMENT: Fire.
6. APPROVED TRANSFER AGREEMENT NO. 2022RPLLAR01 WITH THE LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT FOR THE APOLLO PARK STORMWATER CAPTURE AND INFILTRATION PROJECT; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT;
AND, AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY NON-
SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $2,832,639: Public Works.
7. APPROVED THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF SOUTH GATE FOR THE GARFIELD AVE. COMPLETE STREET PROJECT; AUTHORIZED THE MAYOR TO EXECUTE THE MOU; AND, AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE ANY NON-SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS,
AND AMENDMENTS TO THE MOU UP TO THE AUTHORIZED BUDGET AMOUNT OF $325,000: Public Works.
8. APPROVED PURCHASE AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 8814 IMPERIAL HWY: Public Works.
1) ADOPTED RESOLUTION NO. 23-8160, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE PURCHASE AND ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT BETWEEN ALI RAZA, A MARRIED MAN
AS HIS SOLE AND SEPARATE PROPERTY, AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 8814 IMPERIAL HIGHWAY PURSUANT TO THE ADOPTED
MITIGATED DECLARATION FOR THE LAKEWOOD BOULEVARD AT IMPERIAL HIGHWAY INTERSECTION IMPROVEMENT PROJECT;
2) AUTHORIZED THE MAYOR TO EXECUTE THE PURCHASE AGREEMENT; AND,
3) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY NON-
SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS, AND AM ENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $10,000.
9. ADOPTED RESOLUTION NO. 23-8161, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING BALLOT INITIATIVE 21-0042AI (THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT” INITIATIVE) WHICH RESTRICTS VOTERS' INPUT AND LOCAL TAXING AUTHORITY: Administration.
10. CONSIDERED OPTING INTO SETTLEMENT AGREEMENTS WITH DISTRIBUTORS OF OPIOIDS, WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND ALLERGAN FINANCE, LLC/ALLERGAN LIMITED: Administration.
City Council Minutes
Regular Meeting – April 11, 2023 6
ADOPTED RESOLUTION NO. 23-8162, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD.,
AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO THE TERMS OF THE
STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE
SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL
11. APPROVED THE WITHDRAW AL AND TERMINATION OF THE CITY OF DOWNEY’S
PARTICIPATION IN THE ECO-RAPID TRANSIT JOINT POWERS AUTHORITY, ALSO
REFERRED TO AND FORMERLY KNOWN AS THE ORANGELINE DEVELOPMENT AUTHORITY; AND, DIRECTED THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL ACTIONS NECESSARY TO WITHDRAW AND TERMINATE THE CITY’S PARTICIPATION IN THE ECO-RAPID TRANSIT JOINT POWERS AUTHORITY: Administration.
ADMINISTRATIVE REPORTS
12. PROVIDED DIRECTION TO STAFF REGARDING THE MANAGEMENT OF THE DOWNEY FARMER’S MARKET: Administration.
Mayor Pro Tem Trujillo left the dais due to the owning property in the area.
Interim Assistant City Manager De Rojas presented the staff report for Item No. 12. She shared details regarding the approval of the agreement with California Certified Farmers Market dba Raw Inspiration, Inc. in 2008. She stated Raw Inspiration, Inc. has operated farmer’s markets for 23 years in and around Southern California and currently operates 25 farmer’s markets with a network of over 5,000 vendors. She noted the City does not incur any costs and Raw Inspiration, Inc. pays all expenses to operate the Farmer’s Market. She provided details regarding the current operations of the Downey Farmer’s Market. She stated the contract expired as of November 2022 and a new contract needs to be executed. She shared Raw Inspiration, Inc. has expressed interest in renewing the agreement to operate and the DDIA has expressed interest in managing the Downey Farmer’s Market.
She listed the options before the City Council and provided pros and cons of each option. She stated the first decision is whether the Council would like the City to continue managing the Downey Farmer’s Market. She stated if City staff were to manage the Farmer’s Market, there would be greater oversight and consistency of the current structure and vendors offered. She added this would provide an opportunity for the City Council to re-evaluate the terms of the agreement. She shared the disadvantage would be that City staff would be responsible for the Farmer’s Market, resulting in dedicated staff time and minimal maintenance costs. She added if the Council chooses to have the City continue managing the Farmer’s Market, staff would prepare a new agreement which would return to the City Council for approval at a future City Council meeting. She stated the City also has the option to issue a Request for Proposals (RFP) for management of the Farmer’s Market. She shared this would provide an opportunity for other certified farmer’s market operators to submit proposals and negotiate different terms. She noted staff would be responsible for the Farmer’s Market and associated maintenance or vendors issues, which results in dedicated staff time and minimal maintenance costs.
She stated if the City Council chose this option, staff would prepare an RFP and a new agreement with the selected vendor. She added if the Council did not want the City to continue managing the Farmer’s Market, it would need to decide whether to continue allowing a certified Farmer’s Market to operate on City property. If the Council did not want to continue allowing a certified Farmer’s Market to operate on City property, no further discussion would be necessary. She shared that if the City continued to allow a Farmer’s Market on City property, the Council would need to decide regarding management of the Farmer’s Market. She stated the Council could allow the DDIA to contract with a vendor to operate the Farmer’s Market on City property. She shared the City would not be responsible for the Farmer’s
City Council Minutes
Regular Meeting – April 11, 2023 7
Market and the associated maintenance cost and vendor issues, saving staff time and minimal maintenance costs. She noted that a certified Farmer’s Market may not be guaranteed and the community could lose vendors the residents have become accustomed to if a new vendor were selected. She stated the Council could allow Raw Inspiration, Inc to manage and operate the Downey Farmer’s Market on City property. She stated the City would not be responsible for the F armer’s Market and the associated maintenance costs and vendor issues, saving staff time and minimal maintenance costs. She commented regarding Raw Inspiration, Inc.’s demonstrated past experience with operating farmer’s markets. She noted the disadvantage of this option would be that there would be no third-party oversight of the Farmer’s Market operation as Raw Inspiration would both manage and operate the Farmer’s Market. She stated if the Council chose to allow DDIA to contract with a vendor to operate the Downey Farmer’s Market on City property, the City would notify Raw Inspiration, Inc. of a 60- to 90-day termination period. She shared allowing DDIA or Raw Inspiration, Inc. to manage the Farmer’s Market on City property would require staff to prepare a licensing agreement for use of City-owned property and the licensing agreement would return to the City Council for approval at a future City Council meeting.
Mayor Frometa inquired regarding the number of cities with a Downtown Association and whether the Association typically manages the Farmer’s Market. Ms. De Rojas responded staff researched farmer’s markets in surrounding areas and found respondents contracted directly with the City. She shared the cities of Cerritos, La Mirada, and Paramount do not charge fees and the cities of Pico Rivera and South Gate charge 10% of the vendor’s fees collected. Mayor Frometa requested to confirm whether these cities have a Downtown Association. Ms. De Rojas stated she would need to research and confirmed the Farmer’s Markets are contracted directly with the cities. Mayor Frometa inquired regarding the fees currently charged to vendors. Ms. De Rojas provided a breakdown of the fees paid by the vendors and stated the fees are used for on-site and off-site bookings, insurance, port- a-potties, and trash pickup containers. She stated the operation costs range from $1,700 to $4,000 per week.
Council Member Sosa inquired which vendors are charged a fee of $25. Ms. De Rojas responded farmers are charged $25. Council Member Sosa inquired when Raw Inspiration, Inc. received notification regarding this matter. Ms. De Rojas responded staff has been communicating with Raw Inspiration, Inc. regarding the contract since its expiration in November 2022 and the possibility of returning to the City Council to renew the contract or make any changes. Council Member Sosa commented regarding the performance of Raw Inspiration, Inc. as the operator of the Farmer’s Market and the performance of the DDIA. He commented in favor of further discussion and conducting a meeting with both parties. He commented regarding the need to see a plan from the DDIA.
Mayor Frometa expressed concerns regarding operation of the Farmer’s Market without a formal agreement and commented in favor of a pilot program in which the DDIA oversees Raw Inspirations, Inc.’s operation of the Farmer’s Market. She commented regarding: maintaining the Farmer’s Market residents have become accustomed to; growth of the Downtown area; the 10% fee charged to vendors in other cities; areas requiring attention in Downtown Downey; and the role of DDIA in overseeing activities in the Downtown area. She reiterated the need to have an agreement in place.
City Manager Bradley responded an agreement is necessary to ensure property liability coverage for the City.
Council Member Sosa commented in favor of further discussion regarding the matter.
Mayor Frometa commented regarding reviewing all facts before deciding and concurred with the need for all parties involved to have a dialogue.
It was moved by Council Member Sosa, seconded by Mayor Frometa, and carried 3-0, with Mayor Pro Tem Trujillo abstaining, to schedule a meeting with Raw Inspirations, Inc. and the DDIA, and return to the City Council with options for consideration.
City Council Minutes
Regular Meeting – April 11, 2023 8
13. DISCUSSED A DONATION REQUEST OF UP TO $17,500 FOR THE DOWNEY SYMPHONIC SOCIETY’S SUMMER CONCERT PERFORMANCE IN AUGUST OF 2023: Parks & Recreation.
Director Chacon presented the staff report for Item No. 13. He provided a background regarding the Downey Symphonic Society’s (Symphony) size, mission, and status as a non-profit charitable organization. He stated the Symphony has been featured in the Parks and Recreation summer Concerts Under the Stars lineup for over 30 years and has become a component of the annual series where the Symphony offers a live orchestra experience to the Downey community. He shared the request from the Symphony regarding donating up to $17,500 to offset costs related to the one-day performance in the City’s summer concert series. He stated the breakdown would be similar to the costs from 2022, which cost $15,500 or approximately $379 per musician and totaled $17,500 including the cost of the conductor, manager, librarian, and equipment rentals. He added the City allocates an annual grant of $25,000 to the Symphony through the Downey Theatre Financial Assistance Program, which supports five concerts hosted at the Downey Theatre. He shared the Symphony has used the allocation for the current fiscal year and in years past.
Mayor Frometa inquired regarding the status of the Symphony as a Legacy group with the Downey Theatre. Director Chacon responded the Symphony is one of two Legacy groups. Mayor Frometa requested to confirm the annual grant in the amount of $25,000. Director Chacon elaborated the Downey Theatre has a $40,000 financial assistance budget, of which the Symphony is allotted $25,000, the Downey Rose Float Association is allotted $10,000, and the remaining $5,000 is allotted for groups that apply for assistance. Mayor Frometa inquired regarding the number of musicians participating in the previous year’s summer concert. Director Chacon confirmed 40-50 musicians performed in last year’s concert. Mayor Frometa commented regarding the amount requested by the Symphony, the funds allocated to the Symphony for the Downey Theatre Financial Assistance Program, and the value of affordable arts and music for Downey families. She inquired regarding conducting the performance with half of the musicians to decrease the cost. Director Chacon clarified the number of musicians is 25-37 musicians and stated this would not affect the $17,500 request.
Council Member Sosa commented regarding the budget process and the allocation to various non-profits. He commented regarding the value of the Symphony and shared the Symphony has not used the full $25,000 Downey Theatre Financial Assistance Program allocation in the past seven fiscal years. He commented in favor of the donation as a one-time exception.
Council Member Horn inquired regarding the $25,000 allocated to the Downey Symphony for five concerts. Director Chacon responded the sum of $25,000 is not allocated as $5,000 per concert and can be used per the recipient’s choosing. He clarified the funds are separate as the Downey Theatre Financial Assistance Program is for use of the Theatre and the $17,500 request is for the summer concert performance. He added the $25,000 maximum grant award is provided as a waiver of hard costs and rental fees for use of the Theat re and the Symphony uses this program to fundraise.
Council Member Horn requested to confirm the grant does not need to be paid back. Director Chacon confirmed this was correct.
Mayor Frometa inquired regarding the number of donation requests the City Council has received regarding funding of the summer concert performance. Director Chacon responded he has not received any requests in his six years with the City and shared the average cost of $1,800 to $2,000 paid to bands performing a concert. He noted that bands are much smaller than a symphony, which offers a different level of musical performance.
Mayor Pro Tem Trujillo commented in favor of a one-time donation and stated the City cannot donate annually.
Director Chacon clarified the date of the performance has not been set.
City Council Minutes
Regular Meeting – April 11, 2023 9
Mayor Frometa commented regarding the City budget, the effect of the COVID-19 pandemic on non-profit organizations, and the importance of the Symphony. She reiterated that the City c annot fund the summer concert performance on an annual basis.
It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 4-0, to support the Downey Symphonic Society summer concert performance for a one-time amount up to $17,500.
14. CITY OF DOWNEY MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE HOUSING TRUST, A JOINT POWERS AUTHORITY: Administration.
1) ADOPTED RESOLUTION NO. 23-8163, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING, AUTHORIZING, AND DIRECTING CITY
EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMEN T RELATING TO MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE HOUSING TRUST; AND,
2) AUTHORIZED THE MAYOR TO EXECUTE THE GATEWAY CITIES AFFORDABLE HOUSING TRUST JOINT EXERCISE OF POWERS AGREEMENT.
Interim Assistant City Manager De Rojas introduced Item No. 14.
Adam Eliason of CivicStone, Inc. presented the staff report for Item No. 14. He provided a history of the formation of the Affordable Housing Trust (Trust), current member cities, and cities considering joining the Trust. He noted that his organization studied demand for affordable housing, including the Low-Income Housing Tax Credit which is often used to finance multi-family rentals. He shared that they reviewed data from the last eight years and found that nearly 6,000 affordable housing units were financed with this source of funding. He added that they studied demand for affordable and the types of projects negotiated by cities and developers, specifically those seeking additional gap subsidy funding. He defined a Housing Trust as an entity that provides funding to preserve or produce new affordable housing and is established by state, city, or county governments as a Joint Powers Authority. He shared the Trust would be formed among the cities within the Gateway Cities region. He added a housing trust collaborates to bring together funding from a variety of sources including local, state, and federal monies and private donations. He highlighted that a study by the University of California Irvine found that affordable housing benefits populations that already live within the community. He provided benefits of the Trust including making affordable housing projects more competitive to obtain additional funding; helping to finance development that helps cities meet the Regional Housing Needs Assessment (RHNA) numbers; bringing federal, state, and county dollars to the region; working with other entities involved in affordable and supportive housing in the region; and, implementing deployment of funds and compliance requirements thus reducing staff workload. He shared components of the Trust study process including a best practices summary, housing needs assessment, identification and comparison of proposed developments, formation of a Trust steering committee, development of an organizational framework, funding strategy, strategic plan, fundraising strategy, and program recommendations. He stated the Trust is gathering funding needed to apply for a $5 million grant from the State that is available only to housing trusts and shared that the Trust has obtained $ 4 million in funding. He added the Trust is applying to the SCAG REAP 2.0 Program for $7.5 million in funding and stated the program prioritizes funding of trusts. He shared additional capital sources the Trust will be pursuing. He stated the Trust can pursue all funding sources that can finance all types of affordable ownership and rental housing at all affordable categories and shared the intention to broaden the categories to pursue any funding sources the Trust may choose. He stated the composition of the Trust Board would be seven Directors consisting of elected officials appointed by the Gateway Cities Council of Governments Board (COG) and two Directors consisting of ho using experts appointed by the City Managers Committee. He advised the administrative cost would be shared among the member cities based on the population and that COG has obtained grant funding to waive
City Council Minutes
Regular Meeting – April 11, 2023 10
the administrative costs for the next 14 months so member cities would not need to contribute until July 2024. He provided the provision of the Joint Exercise of Powers Agreement allowing cities to withdraw via City Resolution with six months’ notice and no reimbursement of administrative fees. He commented regarding the Trust Steering Committee that reviewed the policy choices for the Trust formation. He shared that the Trust was presented to various committees and formation of the Trust received unanimous support. He presented a timeline regarding formation of the Trust, attendance of Council meetings for cities to join the Trust, appointment of Trust Directors, and the first Board meeting of the Trust on May 4, during which the Board will approve the application for the first grant funding to the State of California. He explained the Trust is a regional collaborative effort to effectuate more benefit collectively, seek opportunities for cities, work with active developers in the region to bring funding to their projects, and work with City staff regarding programs such as an ADU loan program or homebuyer program.
Council Member Sosa inquired regarding the number of cities participating in the Trust. Mr.
Eliason responded 15 cities have approved resolutions to join the Trust with an additional five cities scheduling Council meetings to consider membership.
Mayor Frometa commented regarding RHNA numbers and the opportunity to benefit from federal and state grants. She commented in favor of joining the 15 member cities in advocating for funds to assist in affordable housing efforts.
Council Member Horn inquired regarding the $7.5 million in SCAG REAP 2.0 Program funding.
Mr. Eliason responded the application will be released in May and will be due in the summer and clarified there may be additional funding available in the future. Council Member Horn inquired regarding the opportunity for Downey Council Members to serve on the Board of Directors. Mr. Eliason responded COG has already appointed the elected officials serving on the Board and assured the City Council that every population category is represented on the Board. He shared the region was divided by local coordination areas with the intent to distribute representation across the region. He encouraged the City to submit an application for a housing expert from Downey to serve on the Board. He noted the Board would meet every other month and meetings would last approximately an hour and a half.
Council Member Horn inquired regarding the need to submit an application quickly to meet the deadline. Mr. Eliason confirmed an application would need to be submitted soon. Ms. De Rojas added the Board Members serve alternating terms and the Council Members may submit an application to serve next year.
It was moved by Mayor Frometa, seconded by Council Member Horn, and carried 4-0, to adopt Resolution No. 23-8163, a Resolution of the City Council of the City of Downey approving, authorizing, and directing City execution of the Joint Exercise of Powers Agreement relating to membership in the Gateway Cities Affordable Housing Trust; and, authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Exercise of Powers Agreement.
City Council Minutes
Regular Meeting – April 11, 2023 11
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting Open Session at 9:29 p.m. in memory of Detective Sergeant Nicholas Pepper, of the Lafourche Parish Sheriff's Office, killed in the line of duty; Police Officers Hunter Scheel & Emily Breidenbach, of the Cameron Police Department, killed in the line of duty; Chicago Fire Lieutenant Jan Tchoryk, who died while battling a fire; and, the lives lost due to COVID-19.
MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor