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01. Minutes - 12-12-23 - Regular Meeting

Downey City Council
March 26, 2024

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01. Minutes - 12-12-23 - Regular Meeting
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March 26, 2024
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Text extracted from the city's file for reading and search. Open the original on lf.downeyca.org. That file is the official record.

City Council Minutes
Regular Meeting – December 12, 2023 1

MINUTES OF THE

CITY COUNCIL OF THE CITY OF DOWNEY

REGULAR MEETING
DECEMBER 12, 2023

The City Council of the City of Downey held a Regular City Council Meeting on December 12, 2023, at 6:40 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, Assistant City Manager
John Funk, 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 Art Reyes, Calvary Chapel Downey. The Pledge of Allegiance was led by Girl Scout Troop #5605.

WELCOME

Mayor Frometa welcomed the audience to the City Council meeting. She acknowledged former Mayors and Council Members; Commission and Board Members; Representatives from local Legislative Offices, Elected Officials from surrounding cities; and, community members in attendance.

SPECIAL ITEM OF BUSINESS

1. ADOPTED RESOLUTION NO. 23-8208, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2023, TO FILL TWO VACANCIES ON THE CITY COUNCIL

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE

PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES: City Clerk.

It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 4-0, to adopt Resolution No. 23-8208, a Resolution of the City Council of the City of Downey, California, reciting the fact of the Special Municipal Election held on November 7, 2023, to fill two vacancies on the City Council declaring the results and such other matters as provided by the provisions of the City Charter and the laws of the State of California relating to charter cities.

City Council Minutes
Regular Meeting – December 12, 2023 2

PRESENTATIONS

1. SPECIAL PRESENTATION TO OUTGOING COUNCIL MEMBER HORN.

Mayor Frometa thanked Council Member Horn for his willingness to serve the community and represent the City. She commented regarding his advocacy on the issues of street lights and parking and active participation in City events. She presented a Certificate of Recognition to outgoing Council Member Horn.

Council Member Horn thanked the Mayor and Council Members for trusting him to represent Council District 1 and make improvements concerning lighting, parking, and safety. He expressed his appreciation for the recognition and his gratitude to the residents of the City.

Assembly Member Blanca Pacheco acknowledged Council Member Horn and presented him a Certificate of Recognition to commemorate his service on the City Council.

Melanie Renteria, Office of Congresswoman Linda Sanchez, acknowledged Council Member Horn and presented him a Certificate of Recognition to commemorate his service on the City Council.

Council Member Victor Sanchez, City of Bellflower, acknowledged Council Member Horn and presented him a Certificate of Recognition to commemorate his service on the City Council.

Council Member Horn also received certificates of recognition for his service from the Office of Congressman Robert Garcia, the Office of Senator Bob Archuleta, the cities of Paramount and Whittier, and the Downey Unified School District.

Council Member Horn thanked the cities that recognized his service. He reflected on his goals upon entering office and noted his efforts to address parking issues, the homeless crisis, and represent the City at the State level. He commented in support of the expansion of the Columbia Memorial Space Center, the new YMCA building, and a community garden. He commented regarding policy changes to enact public safety changes. He shared his efforts to build the relationship with the Downey Chamber of Commerce and local businesses. He commented regarding his support and respect for Veterans. He thanked City Manager Bradley for opening communication with the City regarding service requests. He thanked the City Council and the City administration for their hard work. He shared his continued work on behalf of the City.

2. ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION TO NEWLY-ELECTED COUNCIL MEMBERS:

Assembly Member Blanca Pacheco administered the Oath of Office to incoming Council Member Horacio Ortiz, District 1.

Council Member Ortiz thanked Downey residents for electing him to office and trusting him to serve as a Council Member. He shared a quote from Lao Tzu. He thanked Mayor Trujillo for supporting his service to the community and encouraged young leaders to reach out about opportunities to serve.

He thanked his family, his campaign team, and former Mayor Mario Guerra for their support. He expressed his desire to work together with Mayor Frometa and Council Member Sosa and thanked Council Member Horn for representing Council District 1. He thanked the voters for sharing their stories and concerns and his desire to get to work on the issues affecting the City.

Former Mayor Rick Rodriguez administered the Oath of Office to incoming Council Member Pemberton, District 3.

Council Member Pemberton thanked her family, friends, and residents for supporting and voting for her. She thanked God and made comments regarding His guidance in running for the District 3 seat.

City Council Minutes
Regular Meeting – December 12, 2023 3

She thanked her campaign team, and volunteers for their support, time, and talent to help her become elected. She shared her background and history with the City, her career and education, and involvement in organizations and nonprofits in the City. She reaffirmed her commitment to law enforcement and shared her goals to address safety and homelessness by hiring more Police Officers and collaborating with Los Angeles County to provide outreach, resources, and programs for the homeless. She commented regarding prioritizing neighborhood safety and quality of life through proactive code enforcement. She stated she would work with the Public Works Department to address speeding cars, develop a dog park and community garden in Council District 3, work with SEAACA regarding the pet population, and have more storm drain screens installed on main streets to prevent litter from reaching the ocean. She emphasized the need to maintain a balanced budget, keep departments accountable, and save wherever possible by reviewing financial information and working with the Finance Department and City Manager. She stated the City should be more business-friendly, attract businesses that offer a variety of goods and services, and offer more activities for teens and the youth. She shared she would follow up on issues mentioned by residents during her campaign and encouraged residents to download the Downey App to report issues such as graffiti. She stated she looked forward to serving the residents of District 3 as their Council Member.

Mayor Frometa welcomed Council Member Pemberton and thanked those who supported Council Member Pemberton’s campaign. She expressed her gratitude in having a full City Council and acknowledged former Mayor Fernando Vasquez in the audience.

RECESS/RECONVENE

Mayor Frometa recessed the City Council meeting at 7:31 p.m. Mayor Frometa reconvened the City Council meeting at 8:14 p.m. with all Council Members present.

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;

CONFERENCE/MEETING REPORTS

Council Member Sosa welcomed the audience to the City Council meeting and welcomed Council Members Ortiz and Pemberton to the City Council. He reported attending the Southern California Association of Governments Southern California Economic Summit and the retirement event for Chief Murray. He thanked Chief Murray for her years of service and dedication.

Council Member Pemberton reported attending the Sleigh Ride with Santa, the Downey Chamber of Commerce Christmas Parade, the Ribbon Cutting event for Handel’s Homemade Ice Cream and announced she would be attending the Mayors and Council Members Academy.

Council Member Ortiz expressed his excitement to serve on the Council and his appreciation that there is now a full City Council. He requested staff address recreational vehicles parked on Woodruff Ave. and Old River School Rd.

City Manager Bradley stated staff has conducted enforcement on Woodruff Ave, issued citations for illegal parking, and is exploring options to clean up the area. He assured the City Council enforcement in this area is a point of focus for the City.

Mayor Pro Tem Trujillo welcomed the audience to the City Council meeting. He commented regarding festival events and beautifully decorated homes during the holiday season. He reported attending the Tree Lighting Ceremony, the Apollo Lighting Ceremony, the Downey Kiwanis holiday party, the Downey Chamber of Commerce Christmas Parade, the retirement event for Chief Murray, and the Shop with a Cop event. He invited the public to attend the Holiday Caravan. He welcomed Council Members Horacio Ortiz and Dorothy Pemberton to the City Council. He commended Ron Kolar for his contribution to the YMCA. He commented regarding investing in public safety and public services.

City Council Minutes
Regular Meeting – December 12, 2023 4

Mayor Frometa reported attending the League of California Cities Policy Summit, the Downey Chamber of Commerce Christmas Parade, the Shop with a Cop event, the Veterans Breakfast, the retirement event for Chief Murray, the ARC Leadership Summit Reception, the Tree Lighting Ceremony, and the Apollo Lighting Ceremony. She commented regarding safety during the holiday season and the zero-bail policy litigation and requested the Police Department continue to patrol neighborhoods and shopping centers. She wished the public a happy holiday season.

CITY MANAGER/STAFF MEMBER COMMENTS

City Manager Bradley congratulated Chief Murray on her retirement.

PUBLIC HEARINGS: None.

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 17 written public comments were received.

Los Angeles Supervisor Janice Hahn commented in support of Stay Gallery’s continued funding.

Jonathan Hawes, non-resident, commented regarding El Monte elected officials and staff.

Gabriel Gonzalez, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

America Galarza, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Maria Torres, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Ricardo Perez, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Gregory Elsasser-Chavez, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Millie Sanchez, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Henry Ceja, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Miguel Duarte, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Violet Adawi commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

David De La Torre, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Dr. Sandra Salazar, Cerritos College Board Trustees Vice President, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

City Council Minutes
Regular Meeting – December 12, 2023 5

Marisela Gutierrez, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Jeff Link commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Rachel Vasquez, non-resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Jorge Villasenor commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 5-0, 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.

Alan Halstensgaard, resident, commented regarding treatment of married women and Bible verses.

BC, resident, congratulated Chief Murray on her retirement and commented regarding the City Council and corruption.

Lee Squire, resident, commented regarding Veterans and anti-Semitism.

Martin Munoz commented in support of Mayor Pro Tem Trujillo and congratulated the City Council.

Alejandro Santos, resident, congratulated the newly-elected Council Members, he thanked the City Council, and commented regarding moving the City forward.

Diana Valencia, resident, thanked the City Council for their dedication and commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Tony Ramos, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

John Lacey, resident, commented regarding the public comment speaking time, thanked Chief Murray, wished Council the best, wished the audience a Merry Christmas and Happy New Year, and commented regarding single parents and love.

Lissette Rivera, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Speaker, no name provided, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Franklin Castillo commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Adriana Castillo commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Judith Pinedo, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Alondra Salguedo, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

City Council Minutes
Regular Meeting – December 12, 2023 6

Rosie Verdugo, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Speaker, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Leonard Mata, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Juan Martinez, resident, commented regarding the public comment speaking time, a restraining order, and Council Members.

Ralph Verdugo, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Ernesto Valle, resident, commented regarding the public comment speaking time, the newly elected Council Members, funding of Stay Gallery, and Council Member announcements.

Rodolfo Cortes-Barragan, non-resident, commented regarding the public comment speaking time, Congressional candidates, and Council Member Pemberton, and in opposition to appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Andres Aragundi, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

Esther Hernandez-Funko, resident, commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

It was moved by Mayor Frometa, seconded by Council Member Sosa, and carried 5-0, to close public comment.

CONSENT CALENDAR

It was moved by Council Member Pemberton, seconded by Council Member Sosa, and carried 5-0, to approve the Consent Calendar.

2. WARRANTS ISSUED: Warrant Nos. 373567 – 373844; Payroll Wire Nos. 30004388 & 30004410 & 30004412 – 30004414; EFT Nos. 13095 – 13131; and, Manual Wire Nos. 2449 – 2452 in the total amount of $3,737,451.12: Finance.

3. REQUEST FOR PROPOSALS FOR THE PRE-ENGINEERED MODULAR BUILDING DESIGN AND

FABRICATION SERVICES FOR THE SPACE SHUTTLE EXHIBIT AND EDUCATION BUILDING PROJECT: Public Works.

AUTHORIZED THE SOLICITATION OF PROPOSALS FOR PROVIDING THE PRE-

ENGINEERED MODULAR BUILDING (PEMB) DESIGN AND FABRICATIONS SERVICES FOR

THE SPACE SHUTTLE EXHIBIT AND EDUCATION BUILDING PROJECT

4. AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS

PROGRAM, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PERMANENT

LOCAL HOUSING ALLOCATION PROGRAM ADMINISTRATION SERVICES WITH MDG ASSOCIATES INC.: Community Development.

City Council Minutes
Regular Meeting – December 12, 2023 7

1) APPROVED AN AMENDMENT TO AN EXISTING PROFESSIONAL SERVICE AGREEMENT WITH MDG ASSOCIATES, INC. TO PROVIDE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS

PROGRAM, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM ADMINISTRATION SERVICES, THEREBY INCREASING THE EXISTING COMPENSATION OF $309,750 BY $1,096,248, TOTALING A NOT-TO-EXCEED AMOUNT OF $1,405,998.00; AND,

2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEES, TO EXECUTE THE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT.

ADMINISTRATIVE REPORTS

6. ADDITION OF NEW YEAR’S EVE TO THE LIST OF CITY HOLIDAYS: Human Resources.

ADOPTED RESOLUTION NO. 23-8209, AMENDING RESOLUTION 23-8155 REGARDING

HOLIDAY PAY FOR EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE

MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO SIDE LETTER AGREEMENTS WITH

ALL CITY BARGAINING UNIT REGARDING HOLIDAY PAY PROVISIONS

Mayor Frometa took this item out of order.

Human Resources Director James McQueen presented the staff report for Item No. 6. He provided background information regarding the current schedule for City Hall holiday closures, the need to enter into side letter agreements with all City bargaining units to add New Year’s Eve to the existing list of approved holidays, and the observances of the holiday within other public agencies. He noted approval of the Resolution would result in an estimated expenditure of $40,000 for holiday pay and compensation time earned for some City positions for the additional holiday hours.

It was moved by Council Member Sosa, seconded by Council Member Ortiz, and carried 5-0, to adopt Resolution No. 23-8209, amending Resolution 23-8155 regarding holiday pay for employees in classifications designated as Executive Management, Middle Management and Confidential/Exempt and authorizing the City Manager to enter into side letter agreements with all City bargaining unit regarding holiday pay provisions.

5. APPOINTMENT OF THE MAYOR PRO TEM AND MAYOR FOR 2024: City Clerk.

1) APPOINTED THE MAYOR PRO TEM FOR 2024; AND,

2) APPOINTED THE MAYOR FOR 2024.

It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Pemberton, and carried 5-0, to appoint Council Member Sosa as Mayor Pro Tem for 2024.

Council Member Ortiz made a motion to nominate Mayor Pro Tem Trujillo as Mayor for 2024.

Council Member Pemberton made a substitute motion to nominate Mayor Frometa as Mayor for 2024.

Council Member Ortiz shared his support and commented regarding the qualifications of all Council Members to serve as Mayor.

City Council Minutes
Regular Meeting – December 12, 2023 8

Council Member Sosa requested to clarify the motion to be voted on. City Attorney Funk advised a substitute motion is heard first if it receives a second and the original motion would be heard if the substitute motion is not carried. Council Member Sosa thanked his Council colleagues for appointing him as Mayor Pro Tem and commented regarding the leadership of Mayor Frometa and his willingness to support the appointment of Mayor Pro Tem Trujillo as Mayor for 2024.

Council Member Pemberton commented regarding the direction of and facilitating transition of the City.

Mayor Frometa commented regarding providing Council Members with the opportunity to serve as Mayor during their first term, expectations regarding service as Mayor, selecting the most qualified individual as Mayor, and representation on the City Council. She commented regarding former Council Member Alvarez, Mayor Pro Tem Trujillo’s performance in his first term as Council Member, and discourse on the City Council. She commented in support of appointing Mayor Pro Tem Trujillo as Mayor for 2024.

The substitute motion failed due to lack of a second.

It was moved by Council Member Ortiz, seconded by Mayor Pro Tem Trujillo, and carried 3-1-1, with Council Member Pemberton voting no and Mayor Frometa abstaining, to appoint Mayor Pro Tem Trujillo as Mayor for 2024.

ADJOURNMENT

Mayor Frometa adjourned the Regular City Council Meeting at 9:38 p.m. in memory of Sergeant Michael Moran of the Cortez Police Department who was killed while making a traffic stop; Sergeant Michael Abbate and Trooper Alberto Felix of the Nevada Highway Patrol, who were struck and killed by a drunk driver; Police Officer Paul Tracey of the Waltham Police Department, who was struck and killed by a suspected drunk driver; Deputy Sheriff Paul Martin of the Mercer County Sheriff’s Office who was struck and killed while stopping the pursuit of a stolen vehicle; Firefighter Richard “Rick” D. Miller of the Henderson County Fire Department who suffered a medical emergency after responding to an emergency call; the victims of the mass shooting at the University of Nevada; and, Alvaro Pacheco, longtime Downey resident and Warren High School graduate.

MARIA ALICIA DUARTE, CMC MARIO TRUJILLO
City Clerk Mayor

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