MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 13, 2023
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on June 13, 2023, at 6:48 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 Tern (left at 11:34 p.m.)
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Police Chief
Anthony Hildebrand, Assistant Fire Chief
Matthew Baumgardner, Public Works Director
Gregory Pfost, Interim Community Development Director
Stephen Hannah, Finance Director
Jason Chacon, Director of Parks & Recreation
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Pastor Cris Reyes, Calvary Chapel Downey. The Pledge of Allegiance was led by Mayor Pro Tern Trujillo.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn reported attending the Public Works Breakfast event in honor of Public Works Week, the Student Government Day event, the Kiwanis Club meeting, the Memorial Day Ceremony, the Whole Child 65th Anniversary event, the Downey Improvement Tour, the West Downey Little League Closing Ceremony, the Gangs Out of Downey meeting, and the Kiwanis Luau Night event. He invited the public to attend his Town Hall meeting on June 22, 2023. He requested an update regarding the City's loan program for home repairs. Mayor Pro Tern Trujillo provided concurrence for this request.
Mayor Pro Tern Trujillo welcomed the audience to the City Council meeting. He wished everyone a happy Pride Month and thanked Los Angeles (L.A.) County Supervisor Janice Hahn and L.A. County Assessor Jeffrey Prang for invitations to participate in Pride events. He reported attending the Student Government Day event, the League of California Cities L.A. Division meeting, the Greek Festival event, the Gangs Out of Downey meeting, the Ribbon Cutting event for Toast Kitchen & Bar Downey, the Whole Child 65th Anniversary event, a meeting with the Downey Association of Realtors Board of Directors, and the Downey Improvement Tour. He invited the public to attend the Town Hall meeting on June 22, 2023. He commented regarding the budget process and invited the public to provide feedback regarding the proposed budget. He requested an item to revisit the SB 9 Ordinance regarding LEED requirements. Council Member Sosa provided concurrence for this request. He requested staff assess the gopher infestation at Rio San Gabriel Park and provide an update and, he City Council Minutes
Regular Meeting — June 13, 2023
requested an update regarding the fentanyl awareness campaign. Mayor Frometa provided concurrence for both requests.
Council Member Sosa welcomed the audience to the City Council meeting. He reported attending the Warren High School Senior Banquet for AVID students, the City/School District Task Force meeting, the Memorial Day Ceremony at the Downey Cemetery, the Greek Food Festival, the Job Fair hosted by SELACO, and the Public Works Breakfast event in honor of Public Works Week.
Mayor Frometa acknowledged Michael Calvert, Carmen Padilla, Downey Youth Commissioners, former Mayor Rick Rodriguez, and Dorothy Pemberton in the audience. She reported attending the Student Government Day event, the Downey High School Senior Banquet for AVID students, the Public Works Breakfast event in honor of Public Works Week, and an interview with KCAL News, the Whole Child 65th Anniversary event, and the Special City Council meeting regarding the budget. She requested additional Police patrols near Orange Estates and Legacy Church to address transient activity. She requested an update on the Telegraph Rd. traffic study regarding the new Chick-Fil-A and requested staff address failure to stop at stop signs on Suva St. and Tweedy Ln., Mattock Ave. and Dacosta St., and Rives Ave. and Quill Dr. She requested staff address large tents on front lawns, parking on lawns, unkept yards, illegal dumping, trash at shopping centers, and flashing lights at businesses and to share Municipal Code regulations regarding large tents in front lawns on social media platforms. She wished fathers a Happy Father's Day and acknowledged Flag Day. She shared the City Council would recognize the Army's birthday at the next City Council meeting and she invited the public to attend Father -Con.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley confirmed requests for an update regarding the fentanyl awareness campaign and additional Police patrols near Orange Estates and Legacy Church to address transient activity. He requested concurrence regarding an update on the Telegraph Rd. traffic study regarding the new Chick-Fil-A. Council Member Sosa provided concurrence for this request.
City Manager Bradley confirmed requests for staff to address failure to stop at stop signs, advertise Code Enforcement regulations as brought up by the Mayor on social media platforms, and patrol for unkept yards, illegal dumping, and flashing lights. He noted the City Council has authorized additional Code Enforcement staff.
Mayor Frometa reported attending the City/School District Task Force meeting and partnering with DUSD to host an event to educate the public regarding fentanyl. :j0*11=1i!11Ir_A1[01,61
1. Mayor Frometa presented the Mayor's Legacy Award to former Downey Mayor Rick Rodriguez.
2. Mayor Frometa presented a Military Recognition to Johnny Matthew Canto, U.S. Army Veteran.
3. Mayor Frometa presented Certificates of Recognition to Outgoing Youth Commissioners.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:27 p.m. Mayor Frometa reconvened the City Council meeting at 7:35 p.m. with all Council Members present.
PUBLIC HEARINGS: None.
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Regular Meeting — June 13, 2023 2
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 three written public comments were received.
Danny Tyler, resident, expressed concerns regarding the establishment of preferential parking zones.
Guillermo Vazquez, resident, inquired regarding the City's plan to address the lack of parking in the City.
Ruben Salazar, resident, commented in opposition to changing preferential parking districts and expressed concerns regarding parking issues.
It was moved by Mayor Frometa, seconded by Council Member Horn 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.
BC, resident, commented regarding Item Nos. 8 and 9.
Alan Halstensgaard, resident, commented regarding the National Human Trafficking Hotline, No Longer a Slumdog, and abortion.
Albert Guerrero, resident, expressed concerns regarding parking issues on Bergman Ln.
Resident, no name provided, commented regarding preferential parking zones, on -street parking, and parking issues.
Karla, no name provided, expressed concerns regarding parking issues on Bergman Ln. and requested the installation of "resident parking only signs".
Mayor Pro Tern Trujillo inquired if the residents have applied for residential preferential parking districts.
Mayor Frometa commented regarding attending a Neighborhood Watching meeting in the Bergman Ln. area.
Resident, no name provided, expressed concerns regarding issues on Bergman Ln.
John Lacey, resident, recited a joke.
Resident, no name provided, commented regarding transient activity at the Circle K gas station on Imperial Hwy. and Benedict Ave., oversized vehicles parked on Woodruff Ave. between Firestone Blvd. and Imperial Hwy., and transient activity on Imperial Hwy. near Carl's Jr.
Having no one else, Mayor Frometa closed public comment.
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Regular Meeting — June 13, 2023 3
CONSENT CALENDAR
Mayor Frometa announced the On -Street Landscape Maintenance Services Agreement under Item No. 3 would not be approved and would be presented to the City Council at a future Council Meeting. The remainder of the item will be considered for Council approval.
Council Member Horn abstained from the Special Meeting Minutes of January 24, 2023 as he was not a Council Member at the time.
It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Horn, and carried 4-0, to approve the Consent Calendar.
1. APPROVED MINUTES: Special Meeting of January 24, 2023; Regular Meeting of May 23, 2023 (Closed Session): City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 368099 — 368721; Payroll Wire Nos. 30004335, 30004341, 30004349 — 300052, and 3004354 — 30004356; EFT Nos. 12514 — 12591; Manual Wire Nos. 2373 — 2381 in the total amount of $8,922,300.39: Finance.
3. ACCEPTED WORK FOR TELEGRAPH RD. TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS (PHASE 2); APPROVED GENTRY BROTHERS' FINAL CONSTRUCTION CONTRACT AMOUNT OF $6,309,669; AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION; AND, AUTHORIZE THE MAYOR TO EXECUTE
THE ON -STREET LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH THE CITY OF PICO RIVERA (CAPITAL IMPROVEMENT PROJECT NO. 16-05): Public Works.
The On -Street Landscape Maintenance Services Agreement was not approved.
4. AUTHORIZED AN APPROPRIATION OF $1,661,045, TO BE REIMBURSED BY $1,000,000
FROM A LOS ANGELES COUNTY REGIONAL AND OPEN SPACE DISTRICT COMPETITIVE GRANT AND $661,045 FROM A LOS ANGELES COUNTY REGIONAL AND OPEN SPACE
DISTRICT ANNUAL ALLOCATIONS FOR THE RIO SAN GABRIEL PARK PLAYGROUND RENOVATIONS; 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 $1,661,045: Parks & Recreation.
5. APPROVED INCREASE TO APPROPRIATIONS IN THE GENERAL FUND, ACCOUNTS 10-5- 9000-9055, $191,719, 10-5-9000-9054, $30,006, AND 10-5-9000-9056, $12,066 AND ESTIMATED REVENUES IN THE PROP A FUND, ACCOUNT 55-5-9010, $191,719, PROP C FUND, ACCOUNT 54-5-9010, $30,006, AND MEASURE R FUND, ACCOUNT 56-5-9010, $12,006:
Finance.
6. APPROVED THE BRIDGE MAINTENANCE AGREEMENT FOR THE TELEGRAPH RD. BRIDGE OVER THE RIO HONDO CHANNEL WITH THE CITIES OF PICO RIVERA AND COMMERCE; 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.
7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY CHAMBER OF
COMMERCE TO PROMOTE CIVIC, PUBLIC RELATIONS, BUSINESS DEVELOPMENT, AND GOVERNMENT/LEGISLATION SERVICES, FOR A ONE-YEAR TERM BEGINNING ON JULY 1, 2023 TO JUNE 30, 2024 FOR A TOTAL CONTRACT AMOUNT OF $33,000: Community Development.
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8. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY PATRIOT FOR THE PUBLICATION OF LEGAL NOTICES FOR A ONE-YEAR TERM, BEGINNING JULY 1, 2023 TO JUNE 30, 2024 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $75,000: City Clerk.
9. APPROVED RENEWAL OF THE FACILITIES USE AGREEMENT WITH THE RIO HONDO
COMMUNITY COLLEGE DISTRICT FOR USE OF THEIR WEAPONS FIRING RANGE, FOR A FIVE-YEAR TERM COMMENCING JULY 1, 2023 AND TERMINATING JUNE 30, 2028; AND,
AUTHORIZED THE CHIEF OF POLICE, OR HER DESIGNEE, TO EXECUTE ANY NON -
SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $23,500: Police.
10. ADOPTED RESOLUTION NO. 23-8171, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE LIST OF PROJECTS IN THE PROPOSED FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT PROGRAM TO BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017: Public Works.
11. ADOPTED RESOLUTION NO. 23-8172, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY OF DOWNEY ZERO -EMISSION BUS ROLLOUT PLAN:
Parks & Recreation.
12. REVIEW OF ANNUAL MILITARY EQUIPMENT REPORT (2022) AND MILITARY EQUIPMENT POLICY (PURSUANT TO AB 481): Police.
1) APPROVED THE ANNUAL MILITARY EQUIPMENT REPORT (2022); 2) RENEWED ORDINANCE NO. 22-1484 AND MILITARY EQUIPMENT USE POLICY (DOWNEY POLICE DEPARTMENT POLICY 706); AND,
3) ADOPTED RESOLUTION NO. 23-8173, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RENEWING ORDINANCE NO. 22-1484 ("MILITARY EQUIPMENT POLICY ORDINANCE") AND APPROVING MODIFICATION OF DOWNEY POLICE DEPARTMENT POLICY 706 ("MILITARY EQUIPMENT").
13. APPROVED THE CITY'S PARTICIPATION IN THE PUBLIC PROVIDER GROUND EMERGENCY
MEDICAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER (PP-GEMT-IGT) PROGRAM WITH THE STATE OF CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES;
AND, RATIFIED THE DEPARTMENT OF HEALTH CARE SERVICES PUBLIC PROVIDER
INTERGOVERNMENTAL TRANSFER PROGRAM FOR GROUND EMERGENCY MEDICAL
TRANSPORTATION SERVICES CERTIFICATION FORM FOR THE STATE CALENDAR YEAR 2023 AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE INTERGOVERNMENTAL TRANSFER: Fire.
14. ADOPTED THE INVESTMENT POLICY FOR THE INVESTMENT OF PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES: Finance.
15. APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE DOWNEY CHAMBER OF COMMERCE'S 31ST ANNUAL GOLF TOURNAMENT SCHEDULED FOR JUNE 16, 2023: Council Member Sosa.
16. APPROVED A SUMMER RECESS AND CANCELLED THE JULY 11, 2023 CITY COUNCIL Ji \ -ill 1 . •l
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ADMINISTRATIVE REPORTS
17. DISCUSSED COMMUNITY PARKING ISSUES AS PRESENTED AND PROPOSED BY
COUNCILMEMBER HORN AND PROVIDE DIRECTION TO STAFF REGARDING TAKING ANY ADDITIONAL STEPS TO ADDRESS RESIDENTIAL PARKING ISSUES: Public Works.
Director Matthew Baumgardner presented the staff report for Item No. 17. He provided background information regarding the history of the item and parking issues experienced in the City.
He discussed use of garages for alternative uses and use of driveways to park recreational vehicles, campers, boats and trailers and noted these uses are allowed within certain parameters. He suggested a potential solution that the City could send marketing materials to remind residents in heavily impacted neighborhoods to consider opening space in their garages for parking of operational vehicles and consider alternative methods for parking vehicles such as storage in recreational vehicle lots. He commented regarding additional impacts from private property used including the operation of businesses from home. He noted all home -based businesses are required to obtain permits from the Planning Division to assess whether the operation is compatible and not disruptive to residential neighborhoods and permits are required to be renewed on an annual basis. He cited a provision of the Municipal Code that states "Garage or carports ... shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces." He suggested a potential solution would be to continue enforcement of City Ordinances where a home - based business is violating on -street parking rules and regulations. He shared an inquiry by Council Member Horn regarding the start time for the parking restriction period for preferential parking districts.
He stated the Municipal Code does not specify a time frame, which is requested in the application, and added staff works with the applicant to determine the time frame based on the need of the neighborhood. He noted 2 a.m. to 6 a.m. is a standard time referenced in the Municipal Code for overnight parking restrictions outside of the preferential parking districts and the same time frame is typically used to remain consistent.
Mayor Frometa thanked Director Baumgardner for his report and commented regarding parking issues caused by the growth of the City and Council Member Horn's attention to mitigating parking issues.
Council Member Sosa inquired if the suggested letter sent from the City would recommend that residents remove their items from their garage. Director Baumgardner responded the letter would provide suggestions on potential ways to alleviate the issue in heavily impacted areas. Council Member Sosa commented in opposition to the City's involvement in private use of garages.
Mayor Frometa concurred with Council Member Sosa's comments and commented in opposition to the City's involvement in a homeowner's use of private property.
Council Member Sosa commented regarding persons working from home following the pandemic. Director Baumgardner responded the Municipal Code requires home -based businesses to obtain permits to determine compatibility with use in a residential area. Council Member Sosa inquired if the Municipal Code distinguishes between a home -based business and an employee working from home. City Manager Bradley responded there are standards regarding operation of a home -based business and the impact on parking. Interim Director of Community Development Greg Pfost added a home -based business would operate within the confines of the Municipal Code with relatively minimal activity such as deliveries and staff does not typically perform enforcement activity and request that residents de -occupy their garage.
Mayor Frometa commented regarding parking of recreational vehicles in driveways being permitted as long as they do not block access or occupy a side setback and commented in opposition to telling residents what to do with their private property unless they are violating the City's Municipal Code.
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Council Member Horn concurred with his colleagues regarding lawful use of garages and driveways, commented regarding community solutions to the parking issues, a recent City Ordinance regarding parking of recreational vehicles, and the ability to add an additional parking space by paving a portion of the yard, and reminded residents to be conscious of what they buy, rent, or lease due to large vehicle sizes. He commented regarding extending the start time for preferential parking districts, shared that residents were not aware they could request an earlier start time, expressed concerns regarding residents receiving tickets for parking on their lawn, and proposed a change to a 6:00 p.m. start time.
Mayor Frometa inquired regarding staff's recommendation regarding the preferential parking district start time. City Manager Bradley responded the Municipal Code allows residents to change the time if needed. Director Baumgardner responded staff works closely with residents, goes into the field to evaluate the need, and responds to questions from residents. He confirmed the start time may be changed as the Municipal Code does not specify a time and the time would be determined as staff goes through the process with the applicant. City Manager Bradley summarized the start time would be determined on a case -by -case basis.
Council Member Sosa expressed concerns with the proposed 6:00 p.m. start time if a Neighborhood Watch group holds a meeting or residents have guests visiting.
Mayor Frometa commented in favor of determining the overnight parking prohibition start time on a case -by -case basis.
Council Member Horn emphasized raising awareness regarding requesting an earlier start time and 24-hour parking areas and commented regarding parking issues stemming from non-residents as opposed to resident parking issues.
The City Council took no further action on Item No. 17.
Mayor Frometa adjourned the Regular City Council Meeting — Open Session at 8:22 p.m. in memory of Scott County Deputy Sheriff Caleb Conley, who perished in the line of duty; and, St. Johns County Sheriff's Sergeant Michael Kunovich who perished while on duty.
MARIA ALICIA DUARTE, CIVIC
City Clerk
CLAUDIA M. FROMETA
Mayor
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