City Council Minutes
Regular Meeting – September 12, 2023 1
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 12, 2023
The City Council of the City of Downey held a Regular City Council Meeting – Open Session on September 12, 2023, at 6:38 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Pro Tem Trujillo presiding.
PRESENT: Council Members:
Claudia M. Frometa Mayor (absent)
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, Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, 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 John Manzat, First Southern Baptist Church. The Pledge of Allegiance was led by Boy Scout Troop 441 and Cub Pack 805.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn reported attending the Girls on Fire Workshop, the Chamber of Commerce networking meetings, the Contract Cities Association Fall Educational Summit, and the 9/11 Remembrance Ceremony.
Council Member Sosa reported attending the graduation ceremony of District 2 resident and 20- year Navy Veteran Anthony Coronado Jr. and announced a breakfast honoring Veterans. He reported attending the 9/11 Remembrance Ceremony. He requested the in-kind donation of a golf foursome for the Gangs Out of Downey Golf Tournament and to extend the Havana Nights event to 10:00 p.m.
Mayor Pro Tem Trujillo congratulated Verdugo State Salads and Desserts on their grand opening event. He reported attending the Southeast District Bar Association meeting, the Downey PRIDE Festival event, and the Mario Aguilar comedy show at the Downey Theatre. He invited the public to attend the Civil Air Patrol Squadron meeting. He commented regarding the Youth Commission applications and the contributions made by the Youth Commission. He congratulated the Green Olive Restaurant on the occasion of its 7-year anniversary. He reported attending the 9/11 Remembrance Ceremony and commended Downey’s first responders.
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Regular Meeting – September 12, 2023 2
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley announced staff would be pulling Item Nos. 7, 10, and 11. The items will return at a future Council meeting for consideration. He requested concurrence for requests for the in- kind donation of a golf foursome for the Gangs Out of Downey Golf Tournament and to extend the end time of Havana Nights to 10:00 p.m. Mayor Pro Tem Trujillo provided concurrence for both requests.
Mayor Pro Tem Trujillo commented regarding the Downey Municipal Code quorum requirement and assured Corrigan Ave. residents that their concerns are heard by the City Council.
PRESENTATIONS
1. Mayor Pro Tem Trujillo presented a Proclamation in honor of Emergency Preparedness Month.
2. Mayor Pro Tem Trujillo presented Certificates of Recognition to Downey City Library Staff.
3. Presentation to the City Council by the Rivers and Mountains Conservancy regarding the Los Angeles River Ranger Pilot Program.
PUBLIC HEARINGS: None.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS
Mayor Pro Tem Trujillo asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non-Agenda items. City Clerk Duarte confirmed 13 written public comments were received.
Hedgar Marin, resident, commented in opposition to the annual rate adjustments for solid waste and recycling services.
Jose Dominguez, resident, commented in opposition to Item No. 10.
Andrea Garcia-Miller, non-resident, commented in support of Item No. 18 and the appointment of John Funk as City Attorney.
Sonia Samayoa, resident, commented in opposition to Item No. 10.
Zonia Guardado, resident, commented in opposition to Item No. 10.
Jose Guardado, resident, commented in opposition to Item No. 10.
Melody Ashley, resident, commented in opposition to Item No. 10.
Ruben Salazar, resident, commented in opposition to Item No. 10.
Corrigan Ave. resident, no name provided, commented in opposition to Item No. 10.
Corrigan Ave. resident, no name provided, commented in opposition to Item No. 10.
Gilbert Castro, Corrigan Ave. resident, commented in opposition to Item No. 10.
Pedro Rendon, Vultee Ave., resident, commented in opposition to Item No. 10.
Lee Squire, resident, commented regarding the 9/11 Remembrance Ceremony.
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Regular Meeting – September 12, 2023 3
Council Member Horn clarified his position regarding residential preferential parking districts.
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Frometa absent, to receive and file written public comment.
Mayor Pro Tem Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non-Agenda items.
Alan Halstensgaard, resident, commented regarding missing children at Disneyland and bible verses.
BC, resident, commented regarding Item No. 14, The Downey Patriot, City Council candidates, Council Members, City issues, and auditing of the City.
Resident, no name provided, commented in opposition to Item No. 10.
Lana Rubio, Raebert St. resident, commented in opposition to Item No. 10.
Resident, no name provided, commented in opposition to Item No. 10.
Resident, no name provided, commented in opposition to Item No. 10.
Maria Sanchez, no name provided, commented in opposition to Item No. 10.
Corrigan Ave. resident, no name provided, commented in opposition to Item No. 10.
Corrigan Ave. resident, no name provided, commented in opposition to Item No. 10.
John Lacey, resident, commented regarding the September 11th attacks and the work of the New York Police and Fire Departments.
Armando Herman, non-resident, commented regarding the First, Fifth, and Fourteenth Amendments, the rules of decorum, and Item No. 13.
Rodolfo Cortes Barragan, non-resident, commented in opposition to Item No. 18 and regarding accountability, Council Members, City Council candidates, corruption, and Item No. 13.
Juan Martinez, resident, commented regarding interpretation of public comment, written public comment, Council Members, Item No. 13, City Council candidates, and City staff.
Having no one else, Mayor Pro Tem Trujillo closed public comment.
CONSENT CALENDAR
City Manager Bradley reminded the Council Item Nos. 7, 10, and 11 were being continued to a future Council meeting.
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Frometa absent, to approve the remainder of the Consent Calendar.
1. APPROVED MINUTES: Special Meeting of June 8, 2023 (Open Session); Regular Meeting of June 13, 2023 (Open Session): City Clerk.
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Regular Meeting – September 12, 2023 4
2. WARRANTS ISSUED: Warrant Nos. 370768 – 371350; Payroll Wire Nos. 30004360, 30004363, 30004366, 30004380 – 30004382; EFT Nos. are 12798 – 12857; and, Manual Wire Nos. 2412 – 2421 in the total amount of $7,412,618.76: Finance.
3. ACCEPTANCE OF WORK FOR THE WELL NO. 14 REHABILITATION, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 21-24: Public Works.
1) ACCEPTED THE WORK FOR THE WELL NO. 14 REHABILITATION, CIP NO. 21-24;
2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $291,729; AND,
3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE, INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED BY THE CITY.
4. ACCEPTANCE OF WORK FOR THE RESIDENTIAL STREETS PAVEMENT REHABILITATION – AREA 4, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 22-18: Public Works.
1) ACCEPTED THE WORK FOR THE RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 4, CIP NO. 22-18;
2) APPROVED ONYX PAVING COMPANY’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $6,528,795;
3) APPROVED APPROPRIATION OF $535,000 IN MEASURE M BOND FUNDS IN ACCOUNT NO. 58-1-6874; AND,
4) AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE PROJECT WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE.
5. ACCEPTANCE OF WORK FOR THE 6TH ST. WATER SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-19: Public Works.
1) ACCEPTED THE WORK FOR THE 6TH ST. WATER SYSTEM IMPROVEMENTS, CIP NO. 23-19;
2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $264,960; AND,
3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE, INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED BY THE CITY.
6. ACCEPTANCE OF WORK FOR THE STAMPS RD. WATER SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-21: Public Works.
1) ACCEPTED THE WORK FOR THE STAMPS RD. WATER SYSTEM IMPROVEMENTS, CIP NO. 23-21;
2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $357,400; AND,
3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE, INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED BY THE CITY.
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Regular Meeting – September 12, 2023 5
7. APPROVAL OF FINAL TRACT MAP NO. 82282 AND AGREEMENT FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 10221 – 10303 DOWNEY AVE.:
Public Works.
ADOPTED RESOLUTION NO. 23-8191, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL TRACT MAP NO. 82282 AND AGREEMENT WITH
THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS
8. RESOLUTION RATIFYING THE CITY MANAGER’S PROCLAMATION OF A LOCAL EMERGENCY DECLARED IN RESPONSE TO TROPICAL STORM HILARY: Fire.
1) ADOPTED RESOLUTION NO. 23-8192, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE CITY MANAGER’S PROCLAMATION OF A LOCAL
EMERGENCY DECLARED IN RESPONSE TO TROPICAL STORM HILARY ON AUGUST 20, 2023 TO MEMORIALIZE THE CITY MANAGER’S PROCLAMATION; AND,
2) AUTHORIZED THE CITY MANAGER, ACTING AS DIRECTOR OF EMERGENCY
SERVICES, TO REQUEST FINANCIAL ASSISTANCE FROM FEDERAL AND STATE
AUTHORITIES TO RECOUP COSTS INCURRED BY THE CITY IN ITS EFFORST TO MITIGATE AND RESPOND TO DAMAGE CAUSED BY TROPICAL STORM HILARY.
9. APPROVED DESIGNATION OF AUTHORIZED AGENTS- PRE- DISASTER MITIGATION GRANT
FORM TO ENSURE THE CITY CAN OBTAIN FINANCIAL ASSISTANCE FOR EMERGENCIES/DISASTERS: Fire.
1) APPROVED THE DESIGNATION OF AUTHORIZED AGENTS- PRE-DISASTER
MITIGATION GRANT FORM TO ENSURE THE CITY CAN OBTAIN FINANCIAL ASSISTANCE FOR EMERGENCIES/DISASTERS;
2) AUTHORIZED THE CITY CLERK TO EXECUTE THE DESIGNATION OF AUTHORIZED AGENTS- PRE- DISASTER MITIGATION GRANT FORM; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE FORM AS DEEMED NECESSARY.
10. PILOT PROGRAM ALLOWING THE EXPANSION OF EXISTING PREFERENTIAL PARKING DISTRICTS: Public Works.
ADOPTED ORDINANCE NO. 23-1508, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3199.6 WITHIN PART 12, CHAPTER 1 OF ARTICLE
III OF THE DOWNEY MUNICIPAL CODE RELATING TO RESIDENTIAL PERMITTED
PARKING DISTRICTS
11. PROPOSED SPEED LIMIT CHANGES AT VARIOUS LOCATIONS CITYWIDE: Public Works.
ADOPTED ORDINANCE NO. 23-1509, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AN ENGINEERING AND TRAFFIC SURVEY AND AMENDING SECTION 3199.10 OF THE DOWNEY MUNICIPAL CODE TO ADOPT PRIMA
FACIE SPEED LIMITS FOR CERTAIN STREETS PURSUANT TO THE SURVEY AND THE
CALIFORNIA VEHICLE CODE
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Regular Meeting – September 12, 2023 6
12. PURCHASE OF CHRISTMAS TREE FOR ANNUAL TREE LIGHTING EVENT: Parks & Recreation.
AUTHORIZED THE PURCHASE OF A 30 FOOT CHRISTMAS TREE FOR THE CITY’S TREE
LIGHTING CEREMONY
13. CITY COUNCIL RESPONSE TO A BROWN ACT COMPLAINT: City Attorney.
1) RECEIVED AND FILED REPORT; AND,
2) DIRECTED THE CITY ATTORNEY TO SEND LETTER PURSUANT TO SECTION 54960.2, COMMUNICATING THE CITY COUNCIL’S DETERMINATION THAT NO BROWN ACT
VIOLATION OCCURRED AND THEREFORE THAT THE CITY COUNCIL WILL NOT TAKE FURTHER ACTION REGARDING THIS MATTER.
14. REQUEST FOR STREET CLOSURE PERMIT BY THE DOWNEY PATRIOT ON BEHALF OF THE
DOWNEY FOUNDATION FOR INDEPENDENT JOURNALISM TO HOST A KICKOFF FESTIVAL FOR DOWNEY-WARREN WEEK: Community Development.
APPROVED THE STREET CLOSURE PERMIT FOR SATURDAY, OCTOBER 7, 2023 FROM 1:00 P.M. TO 11:00 P.M. TO ACCOMMODATE THE “CROSSTOWN KICKOFF” TAKING PLACE FROM 3:00 P.M. TO 9:00 P.M.
15. COMMUNITY FAMILY GUIDANCE CENTER 32ND ANNUAL GOLF CLASSIC TOURNAMENT FOURSOME OF GOLF DONATION: Mayor Pro Tem Trujillo.
APPROVED THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF COURSE IN SUPPORT OF THE COMMUNITY GUIDANCE FAMILY CENTER’S 32ND ANNUAL CLASSIC GOLF TOURNAMENT SCHEDULED FOR SEPTEMBER 25, 2023
16. APPOINTMENTS TO THE 2023-2024 DOWNEY YOUTH COMMISSION: Parks & Recreation.
APPROVED THE APPOINTMENT OF NINE (9) APPLICANTS TO THE 2023-2024 DOWNEY
YOUTH COMMISSION
17. GRANT AGREEMENT WITH THE YMCA REGARDING THE CALIFORNIA STATE LIBRARY GRANT FOR THE NEW DOWNEY YMCA: Administration.
APPROVED A GRANT AGREEMENT BETWEEN THE CITY OF DOWNEY AND YMCA OF
METROPOLITAN LOS ANGELES REGARDING THE CALIFORNIA STATE LIBRARY GRANT
FOR THE NEW DOWNEY YMCA
ADMINISTRATIVE REPORTS
18. APPOINTMENT OF CITY ATTORNEY AND ADOPTION OF RESOLUTION APPROVING THE CITY ATTORNEY’S EMPLOYMENT AGREEMENT: Human Resources.
ADOPTED RESOLUTION NO. 23-8193, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPOINTING JOHN FUNK AS CITY ATTORNEY AND APPROVING THE
EMPLOYMENT AGREEMENT BETWEEN HIM AND THE CITY
Human Resources Director James McQueen presented the staff report for Item No. 18. He provided background information regarding the City Attorney vacancy, the recruitment process, selection
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Regular Meeting – September 12, 2023 7
of John M. Funk to fill the position, and Mr. Funk’s experience. He reported the terms of the employment agreement including the start date, compensation, severance provision, and benefits.
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0, with Mayor Frometa absent, to adopt Resolution No. 23-8193, a Resolution of the City Council of the City of Downey appointing John Funk as City Attorney and approving the Employment Agreement between him and the City.
Mayor Pro Tem Trujillo welcomed City Attorney Funk and shared he grew up in Downey.
ADJOURNMENT
Mayor Pro Tem Trujillo adjourned the Regular City Council Meeting – Open Session at 7:53 p.m. in memory of Special Agent Patrick Bauer, U.S. Department of the Treasury-Internal Revenue Service and Veteran of the Arizona Air National Guard, who was shot and succumbed to his injuries during a departmental training; Firefighter Shawn Giles, of North East , Pennsylvania, struck and killed while directing traffic; and, Firefighter Vet Anthony DeSimone of the North Haven, Connecticut Fire Department who died after suffering a medical emergency.
MARIA ALICIA DUARTE, CMC MARIO TRUJILLO
City Clerk Mayor Pro Tem