MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 9, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Closed Session on April 9, 2024, at 5:32 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
PRESENT:
Council Members:
Mario Trujillo
Hector Sosa
Claudia M. Frometa
Horacio Ortiz
Dorothy Pemberton
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
James McQueen, Human Resources Director
M. Alicia Duarte, CMC, City Clerk
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(absent)
Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding Closed Session items. City Clerk Duarte confirmed no written public comments were received. Mayor Trujillo asked if there was anyone present who would like to comment on Closed Session Items.
Lee Squire, resident, requested more information regarding the closed session item.
Having no one else, Mayor Trujillo closed public comment.
RECESSED TO CLOSED SESSION
Mayor Trujillo announced the City Council is recessing to Closed Session at 5:34 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation:
Angela Leon Avila v. City of Downey — Los Angeles Superior Court Case No. 22STCV04706.
RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Trujillo reconvened the Regular City Council Meeting — Closed Session at 6:32 p.m.
City Attorney Funk reported the Closed Session report as follows: In regards to Item No. 1, no reportable action was taken.
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on April 9, 2024 at 6:33 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
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PRESENT: Council Members:
Mario Trujillo Mayor
Hector Sosa Mayor Pro Tern
Claudia M. Frometa Council Member
Horacio Ortiz Council Member
Dorothy Pemberton Council Member
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Interim 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
Monica Ortiz, Recreation Manager
M. Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Greg Welch, Chaplain for the Downey Police Department. The Pledge of Allegiance was led by Fire Chief, Dan Hurlock.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Ortiz welcomed the audience to the meeting. He hoped everybody enjoyed their Easter and mentioned that he was away in Mexico visiting family.
Council Member Frometa welcomed the audience to the meeting. She addressed concerns raised by numerous emails regarding a transitional housing project which would potentially be located in her district. She acknowledged the need for affordable housing and clarified that this particular project did not fall under that category and would be further discussed if and when it is formally brought before the Council. She requested an update on the creation of a commission to review the historic preservation ordinance and requested that staff look into the ongoing issues with excessive speeding and red-light running throughout the City. She requested increased speed enforcement and DUI checkpoints, especially with Spring and Summer approaching. She requested ticketing enforcement along Chaney Ave. between 5th St. and Florence Ave. She expressed concern over parents double parking, blocking driveways during school drop-off times, and requested ticketing enforcement in that area.
Mayor Pro Tern Sosa welcomed the audience to the meeting and reported attending the memorial service for Pastor Jeff Johnson from Calvary Chapel Downey. He described the service as a beautiful tribute and a meaningful reunion, noting that he and his wife had previously served in the church's youth ministry. He attended the Community Emergency Response Team (CERT) graduation event and mentioned that it was special to him having completed the program seven years ago. He praised the involvement of residents and families in the program, emphasizing the importance of being prepared for emergencies. He requested a traffic survey on Rundell St. between Rives Ave. and Old River School Rd., focusing on the intersections at Corey St. and Julius Ave. He asked staff to determine whether stop signs are warranted and to perform speed studies in that area.
Council Member Pemberton welcomed the audience to the meeting and reported attending the Woman of the Year awards hosted by Assemblywoman Blanca Pacheco. Jennifer DeKay, owner and editor of the Downey Patriot and treasurer of the Downey Rose Float Association, was recognized as the City of Downey's honoree. She reported attending the Clean Power Alliance meeting, which focused on renewable and non-renewable energy alternatives for consumers aside from Edison, benefiting the City Council Minutes
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environment. Council Member Pemberton provided a detailed explanation of recent Athens trash rate increases affecting businesses and restaurants, tying them to the state mandate of Senate Bill 1383. She explained that the bill requires the diversion of food and green waste from landfills to reduce methane emissions. This has resulted in added costs due to new truck fleets, added bins, and required transport of waste to certified facilities in Victorville and Ventura. Disposal costs have risen from $50 to $125 per ton. She noted that cities failing to comply can be fined up to $10,000 per day. However, she shared that businesses and HOAs can contact Athens for a waste service reassessment to potentially lower their bills and noted that Athens representative Mr. Lane would be available in the lobby for questions. She thanked residents of Rives Manor for their cooperation in addressing abandoned cars and alley clean- ups, and extended appreciation to the City's Parking Enforcement, Public Works, and Code Enforcement teams. Council Member Pemberton congratulated Parks & Recreation Director Jason Chacon for being featured on Channel 5 during the "Breakfast with the Bunny" event and praised his efforts despite the rain. She encouraged residents to attend the Soroptimist Casino Night at the ARC and informed residents of Carpenters Week from April 23-27, marking the 55th anniversary of the Carpenters' signing with A&M Records. Council Member Pemberton shared that speed humps are moving forward on Guatemala Ave. between Horley Ave. and Suva St., and between Suva St. and Coolgrove Dr., pending resident petition support. She expressed concern over speeding on Old River School Rd. between Firestone Blvd. and Florence Ave. and requested the consideration of solar speed signs in that area, noting a recent serious accident.
Mayor Trujillo welcomed the audience to the meeting and reported that he had attended the Chamber of Commerce's Feria de Empresarios, held at the Embassy Suites, which supports individuals starting new businesses and helps existing businesses grow. He attended the reopening of the Chuck E.
Cheese in Norwalk and encouraged families to visit. He expressed appreciation for the opportunity to sit on stage during a Downey Symphony rehearsal, calling it a privilege to serve as Mayor of a City with its own symphony. Although he could not attend the concert due to a prior commitment, he praised the music and suggested offering complimentary tickets for high school students and a guest in the mezzanine section, which is often empty during performances. Mayor Trujillo announced that Touch a Truck will return to Independence Park and thanked staff and the Sheriff's Department for securing an agreement that will allow a helicopter to be on display for children, and stated he hopes to one day have a helicopter land in Downey for the event. Mayor Trujillo announced that Ceviche Fest would be piloted as part of the International Food Festival and requested enhanced marketing to boost attendance. He asked staff to revisit the request from the Consulate on Wheels, which initially proposed a month -long stay, and see if a one -week stay could be negotiated to minimize service disruption while still providing community benefit. He requested an update from the YMCA on their fundraising progress and asked that they be added to the April 23 Council agenda with a funding request. Seconded by Council Member Pemberton. Mayor Trujillo asked Public Works to look into the condition of two major intersections Florence Ave. and Lakewood Blvd., and Firestone Blvd. and Downey Ave. particularly the center medians and crosswalks. He noted that these are high -profile areas that should reflect the quality and pride of the City of Downey.
CITY MANAGER/STAFF MEMBER COMMENTS PRESENTATIONS
City Manager Bradley provided several updates and follow-ups in response to Council Member comments and requests. He reported that staff has been actively working on the historic preservation ordinance with consultants and anticipates bringing an update to the Council within the next month or two. He shared that the City is preparing a traffic calming report with consultant support to address community speeding and congestion concerns. He stated that the report is expected to come before the Council in June. In response to concerns near Doty Middle School, City Manager Bradley confirmed that staff would review the morning and afternoon traffic impacts on Cheney Ave. He also stated that traffic studies on Rundell St. will be added to the traffic engineering team's workload. City Manager Bradley requested a second for the request for solar speed signs on Old River School Rd. Seconded by Council Member Frometa. On the suggestion to offer mezzanine -level Symphony tickets to students and guests, staff will look into the feasibility of that and return with a recommendation. City Manager Bradley requested a second for the request for enhanced marketing of the Ceviche Fest and the proposal to City Council Minutes
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reduce the duration of the "Consulate on Wheels" visit from one month to one week. Seconded by Council Member Ortiz. He confirmed that the update on the YMCA and their funding request is already scheduled to return to Council on April 23. He acknowledged the request to evaluate the medians and crosswalks at the intersections of Florence Ave. and Lakewood Blvd., as well as Firestone Blvd. and Downey Ave., and confirmed staff will look into those improvements.
PRESENTATIONS
1. Mayor's Excellence Award to Downey High School Cheer Team for winning 111 place at the U.S.A Spirit Nationals.
2. Mayor's Excellence Award to Christina Osorio, Downey High School senior for winning the 2024 CIF State Wrestling Championship.
3. Proclamation in honor of Fair Housing Month.
4. Proclamation in honor of National Library Week, April 7 — 13.
5. Proclamation in honor of Arbor Day.
PUBLIC HEARINGS
1. ESTABLISHMED A RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE NORTH AND
SOUTH SIDES OF BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE: Public Works.
1) CONDUCTED A PUBLIC HEARING CONCERNING A RESOLUTION ESTABLISHING
A RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE NORTH AND SOUTH
SIDE OF BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE; AND,
2) ADOPTED RESOLUTION NO. 24-8237, ESTABLISHING A RESIDENTIAL
PREFERENTIAL PARKING DISTRICT ON THE NORTH AND SOUTH SIDES OF
BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE Mayor Trujillo opened the Public Hearing at 7:14 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried 5-0, to receive and file the publication.
Deputy Director of Public Works Norris presented a staff report regarding a request to establish a preferential parking district and overnight parking prohibition on the 9030 to 9150 blocks of Baysinger St., between Vultee Ave. and Hilton Ave. The proposed restriction would apply daily, including weekends and holidays, from 2:00 a.m. to 6:00 a.m., due to overflow parking from nearby uses that have caused late night disturbances such as noise and vehicles parking too close to driveways. Out of the 61 total on - street parking spaces along Baysinger St., 38 would be included in the proposed preferential parking district. A parking study conducted with assistance from the Police Department on June 15 and 16, 2023, between the hours of 2:00 to 6:00 a.m., found that 89% and 87% of the spaces were occupied during the survey period, and that 76% and 52% of those vehicles were registered to non-residents on the respective dates. A petition submitted by residents in October 2023 showed 76% support (16 out of 21 property owners) for the parking restrictions and the establishment of the district. Based on the study results and petition, staff confirmed that the criteria for establishing the district had been met and that the proposed boundaries form a reasonably self-contained area. Staff recommended approval of the resolution. The Public Works Committee had previously approved the proposal on February 15, 2024, and recommended Council adoption following the public hearing. If the City Council adopts the resolution and at least 50% City Council Minutes
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of residents apply for permits within 60 days, signage prohibiting overnight parking (with exemptions for permit holders) will be installed. Permits will be available for $50 annually. If fewer than 50% of residents obtain permits, or if the number of permit holders drops below that threshold, the City Council may repeal the district after a noticed public hearing. The district may also be terminated through a petition signed by a majority of property owners, provided the conditions that justified its creation no longer exist.
Mayor Pro Tern Sosa thanked Deputy Director of Public Works Norris for the presentation and asked if staff knows where the vehicles are coming from. Deputy Director Norris said that the vehicles are most likely coming from the adjacent apartment buildings that are located on Florence Ave. He also noted that there are 23 parking spaces along the frontage of the apartment building on Baysinger St. that will not be apart of the district and will be left unrestricted for the use of the general public.
Mayor Trujillo asked City Clerk Duarte if any written correspondence was received regarding the Public Hearing item. City Clerk confirmed that no written public comments were received.
Mayor Trujillo asked if there was anyone present who would like to comment regarding the Public Hearing item.
Speaker No.1, resident, commented in support of the residential preferential parking district.
Speaker No. 2, resident, commented in support of the residential preferential parking district.
Georgia Aneglos Theodoro, resident, commented in support of the residential preferential parking district.
David Valco, resident, commented in support of the residential preferential parking district.
Norma Susana Elera, resident, commented in support of the residential preferential parking district
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, to close the public hearing at 7:31 p.m.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Sosa, and carried a 5- 0, to adopt the Resolution No. 24-8237, establishing a residential preferential parking district on the North and South Side of Baysinger St. between Vultee Ave. and Haledon Ave.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS Mayor Trujillo 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 comments were received.
David Beltran, resident, commented regarding university research of adverse consequences of low-income housing including home prices dropping.
Edson Rodriquez, resident, commented in opposition to the youth housing development at Saint Mark's Church.
Daniel Vaughn, commented submitting public comment in person regarding the youth housing development at Saint Mark's Episcopal Church.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and carried 5- 0, to receive and file written public comment.
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Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
Lee Squire, resident, recognized Downey's paramedic services.
Randy Lane, Vice President of Government Affairs for Athens Services, commented in regards to SB1383.
Dan Vaughn, resident, commented in support of the youth housing development at Saint Mark's Episcopal Church.
Sue Flores, resident, commented in support of the youth housing development at Saint Mark's Episcopal Church.
Joan Heisler, resident, commented in support of the youth housing development at Saint Mark's Episcopal Church.
Penny Watson, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Patty Sharp, resident, commented in regards to a neutral flag policy.
Ralph Peck, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Speaker No. 9, Pastor of Victory Outreach Church, commented regarding the services provided by Victory Outreach Church to residents of the City.
Michelle Farina, resident, commented in support of a cease fire resolution.
Speaker No. 11, no name provided, commented in support of a cease fire resolution.
Selma Dewake, resident, commented in support of a cease fire resolution.
Speaker No. 13, no name provided, commented in support of both the youth housing development at Saint Mark's Episcopal Church and a cease fire resolution.
John Lacey, resident, complemented Director Chacon for his professionalism during his on -air interview with Channel 5 and commented regarded the federal government student loan forgiveness program.
Robert Irwin, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Speaker No. 16, no name provided, commented in regards to California Assembly Bill AB 1033.
Speaker No. 17, no name provided, commented in regards to a neutral flag policy.
Speaker No. 18, commented in regards to a neutral flag policy.
Marina, resident, commented in regards to a neutral flag policy.
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Speaker No. 20, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Arthur Shopper, field director for Mass Resistance, commented in regards to a neutral flag policy.
Telly, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Speaker No. 23, no name provided, commented in support of a cease fire resolution.
Fernando, commented in support of a cease fire resolution.
Rodolfo Cortes-Barragan, non-resident, commented in support for a cease fire resolution.
Speaker No. 26, no name provided, commented in support for a cease fire resolution.
Lisa Pena, commented in support of a cease fire resolution.
Janelle, commented in support of a cease fire resolution.
Speaker No. 29, no name provided, asked that the Council focus on what is most important for the citizens of Downey.
Speaker No. 30, no name provided, commented against a cease fire resolution.
Edson Rodriguez, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Speaker No. 32, no name provided, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Speaker No. 33, no name provided, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
Valarie Esparza, resident, commented in opposition to the youth housing development at Saint Mark's Episcopal Church.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, to close public comment.
CONSENT CALENDAR
Mayor Pro Tern Sosa requested that the neutral flag policy and any potential legal exposure the City faces be agenized for discussion for the next council meeting. Seconded by Council Member Frometa.
It was moved by Council Member Pemberton, seconded by Mayor Pro Tem Sosa, and carried 5- 0, to approve the Consent Calendar.
2. WARRANTS ISSUED: Warrant Nos. 376626 — 377050; Payroll Wire Nos. 30004447 — 30004448 & 30004450; EFT Nos. 13398 — 13434; Manual Wire Nos. 2496 — 250; and, Cashier's Check Nos. 91181 — 91182 in the total amount of $3,087,187.77: Finance.
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3. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE FOR ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HIGHWAY, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 17-01: Public Works.
1) APPROVED THE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE FOR ENVIRONMENTAL REMEDIATION SERVICES FOR A 12-MONTH TERM BEGINNING ON APRIL 10, 2024, FOR A TOTAL CONTRACT AMOUNT OF $315,340.80; 2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE IN THE AMOUNT OF $315,340.80, INCLUDING ANY NON -SUBSTANTIVE EXTENSIONS, CHANGE ORDERS AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $350,000; AND, 3) AUTHORIZED A TRANSFER OF WATER FUNDS IN THE AMOUNT OF $170,000 FROM ACCOUNT NO. 51-1-8679 TO ACCOUNT NO. 51-1-6583
4. ACCEPTED WORK FOR WELL NO. 24 REHABILITATION, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-27: Public Works.
1) ACCEPTED THE WORK FOR THE WELL NO. 24 REHABILITATION, CIP NO. 23-27; 2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $230,663; AND, 3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE
OF COMPLETION INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED
BY THE CITY
5. APPROVED OF A CONTRACTED EMERGENCY REPAIR WORK WITH LETNER ROOFING COMPANY FOR THE MCCAUGHAN GYM ROOF REPLACEMENT: Public Works. 1) RATIFIED THE CITY MANAGER'S APPROVAL OF A CONTRACTOR SERVICES AGREEMENT WITH LETNER ROOFING COMPANY IN THE AMOUNT OF $355,360 FOR THE MCCAUGHAN GYM ROOF REPLACEMENT; AND,
2) AUTHORIZED THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE
AGREEMENT
6. APPROVED OF A PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC FOR TRAFFIC SIGNAL„ FLASHING BEACON AND FIBER-OPTIC COMMUNICATION MAINTENANCE SERVICES: Public Works.
1) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC FOR A THREE-YEAR TERM BEGINNING ON APRIL 1, 2024 FOR A TOTAL ANNUAL CONTACT AMOUNT OF $434,970.32, SUBJECT TO ANNUAL CPI ADJUSTMENTS, WITH AN OPTION TO EXTEND FOR UP TO THREE ADDITIONAL 12- MONTH TERMS; AND,
2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC IN THE AMOUNT OF $434,970.32 ANNUALLY, INCLUDING ANY NON -SUBSTANTIVE
EXTENSIONS, CHANGE ORDERS AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $815,000
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7. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL, AND LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES: Finance.
APPROVED THE PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL, AND LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES FOR A THREE (3) YEAR TERM BEGINNING APRIL 15, 2024 FOR A TOTAL CONTRACT AMOUNT OF UP TO $191,290
8. APPROVED A PROFESSIONAL SERVICES AGREEMENT FOR AN OPERATIONAL ASSESSMENT OF THE DOWNEY POLICE DEPARTMENT: Administration. 1) APPROVED AN AGREEMENT WITH MATRIX CONSULTING GROUP TO CONDUCT AN
ORGANIZATIONAL ASSESSMENT OF THE DOWNEY POLICE DEPARTMENT AT AN AMOUNT NOT TO EXCEED $135,000 AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT;
2) APPROPRIATED $135,000 FROM THE GENERAL FUND, MEASURE S RESERVE TO FUND THE ASSESSMENT; AND,
3) AUTHORIZED THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND
EXECUTE AGREEMENT RENEWALS AND ANY EXTENSIONS AND/OR AMENDMENTS
WHICH ARE EITHER NON -SUBSTANTIVE OR ARE OTHERWISE IN COMPLIANCE WITH
THE CITY COUNCIL'S ACTIONS HEREUNDER
9. RESOLUTION ORDERING PREPARATION OF ENGINEER'S REPORT FOR RENEWAL OF LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT NO. 121 FOR FISCAL YEAR 2024-2025: Public Works.
ADOPTED RESOLUTION NO. 24-8238, ORDERING PREPARATION OF THE ENGINEER'S REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972" (STREETS & HIGHWAYS CODE SECTION 22500, ET, SEQ.), BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND
PUBLIC FACILITY LANDSCAPING, LIGHTING, TRAFFIC SIGNALS AND APPURTENANT WORK IN THE CITY OF DOWNEY FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025
10. APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MAINTENANCE UNIT: Human Resources.
ADOPTED RESOLUTION NO. 24-8239, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION — MAINTENANCE UNIT (APRIL 1, 2023 MARCH 31, 2026)
11. FISCAL YEAR 2024-2025 INVESTMENT POLICY: Finance.
ADOPTED THE INVESTMENT POLICY FOR THE INVESTMENT OF PUBLIC FUNDS OF THE
CITY OF DOWNEY AND ITS RELATED ENTITIES
12.2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT: Community Development.
RECEIVED AND FILED THE 2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT
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13. STREET CLOSURE APPLICATION REQUEST BY THE DOWNEY CHAMBER OF COMMERCE FOR STREET FAIR EVENT: Community Development.
APPROVED THE STREET CLOSURE PERMIT FOR SATURDAY, MAY 11, 2024, FROM 8:00 A.M. TO 8:00 P.M. TO ACCOMMODATE THE "DOWNEY STREET FAIRE" TAKING PLACE FROM 11:00 A.M. TO 6:00 P.M.
ADMINISTRATIVE REPORTS
14. NEW RESIDENTIAL STREET LIGHTING INSTALLATION PROGRAM: Public Works.
RECEIVED AND FILED A REPORT ON THE NEW CITY PAID RESIDENTIAL STREET
LIGHTING PROGRAM PILOT PROGRAM, AND AUTHORIZE STAFF TO BEGIN SOLICITING
THE PROGRAM
Director Baumgardner provided an overview of the City's new Residential Street Lighting Installation Program. He began by explaining the existing system, which operates under the Landscape and Lighting Assessment District (LLAD) adopted in 1978. Of the City's 6,643 total streetlights, 2,234 are City -owned, with the rest operated by Southern California Edison. Property tax assessments currently fund the operation and maintenance of streetlights, traffic signals, and street landscaping. For streets without lighting, residents can request installation, which requires annexation into the LLAD. This includes a capital assessment currently estimated at $5,000 per property for installation plus an ongoing annual fee of $21.41 for operations and maintenance. If utility poles exist, residents can also petition SoCal Edison to add lights through a separate service request. The current process involves resident request, staff analysis and cost estimate, followed by a petition. A two-thirds approval is required to proceed, which has historically been a major barrier due to cost concerns. To address this, staff is proposing a pilot program that removes the upfront cost barrier. The City Council previously allocated $50,000 in the FY 2023-24 budget, which could fund street lighting on up to four blocks in FY 2024-25. In this proposed pilot, the City would cover the initial $5,000 installation cost per property, and residents would only be responsible for the ongoing $21.41 annual maintenance fee. A successful petition would still be required to annex the street into the LLAD, with the maintenance cost added to property tax bills. Director Baumgardner noted that in 2021, 22 street blocks expressed interest in lighting installation, with a total projected cost of $2.5 million. The pilot program will prioritize streets with no lighting, and applications will be accepted in the order received. Outreach will include social media, the City website, and flyers at City facilities. Design for the pilot program would be completed by December 2024, with installation to follow by June 2025. Based on program results and community interest, staff may return with a proposal for a citywide street lighting program similar to the City's annual paving program, including potential funding sources.
Council Member Frometa thanked Director Baumgardner for the presentation and commented that the report noted SoCal Edison installs streetlights on wooden utility poles they own, free of charge.
She inquired whether this information is included on residents' utility bills and emphasized the importance of communicating available programs and timelines. Director Baumgardner responded that the information is not currently provided on utility bills but agreed it was a good suggestion. He stated that the City plans to include this information in the pilot program materials, such as flyers, including contact details for Public Works so residents can request service. He noted that while SoCal Edison can be slow to review requests, the City will monitor and follow up if there is strong community interest.
Council Member Frometa stated that, similar to the City's street management plan, the City should consider prioritizing streetlight installation based on need, noting that some streets in various districts have never had lighting. She emphasized the importance of being fair in how requests are handled. She asked how the City can make this information more accessible and readily available to residents. Director Baumgardner confirmed that the information is available on the City's website and stated that staff is looking into other opportunities to share it more broadly. He shared the City would include this information City Council Minutes
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in flyers and distribute them at locations such as the City Library, which many residents frequent, as well as through social media and other channels.
Mayor Trujillo stated that under the previous administration, former Public Works Director, Delfino Consunji had been asked to create a map identifying areas in need of lighting and inquired whether that map was available. Director Baumgardner responded that it was possible the request was related to a study done a few years ago. He said he did not believe a map was created, but noted that in 2021, 22 street blocks were identified as needing lighting, which led to an estimated cost of $2.5 million to design and install those lights. He explained that the project faced challenges because there was no pilot or City - funded program at the time, and the cost would have fallen $ntirely on the property owners. He added that while the City had received several applications, none moved forward once property owners learned of the associated costs. When asked whether any surrounding cities cover or partially cover lighting costs, Director Baumgardner said it was not common and he would need to research it further. He noted that while many cities have similar landscape and lighting assessment districts, he was not aware of any standard program that subsidizes those costs.
Mayor Pro Tern Sosa asked for clarification on the two-thirds approval requirement, specifically whether it applies to a single block or if it extends to surrounding blocks. Director Baumgardner responded that the requirement applies only to the property owners on the specific block where the lights are being proposed. He explained that a cost estimate would be developed based on the number of lights being added, and it is important to clearly communicate the final cost to all property owners involved. He noted that while the $5,000 figure is a general estimate, the actual cost has likely increased over due to inflation. He added that most cities still reference the $5,000 estimate, but acknowledged that the cost remains a barrier to expanding lighting programs. Mayor Pro Tern Sosa asked whether the voting process is limited to one vote per lot, regardless of whether a property has a back house or duplex. Director Baumgardner confirmed that it is one vote per lot on the petition.
Council Member Pemberton expressed support for prioritizing requests in the order received, especially for streets with no existing lighting. She asked for clarification on the number of light poles typically installed on a block with 10 houses on each side, or about 20 homes total, and whether the spacing would be two to four light poles per block. Director Baumgardner explained that the typical spacing used in streetlight design is 150 feet. On a standard City block there are usually five to six streetlights installed, staggered on either side of the street, with around three on one side and two on the other.
Council Member Pemberton asked if the City could find additional funding sources for the street lighting program, noting that at the current pace of addressing 22 blocks, it would take 10 years to complete, as mentioned in the report. She suggested including an insert in the water bill to inform residents about the street lighting program and direct them to the appropriate website. She requested that the City investigate lighting needs in alleyways, where many utility poles are located, and start compiling a list for future installation through Edison, even if it may take years. She stressed that lighting is critical for safety and reiterated her support for pursuing additional funding.
Council Member Ortiz addressed his Council colleagues and shared that during his campaign, many residents raised concerns about safety and requested additional street lighting. He said it seemed odd that residents were expected to pay out of pocket for such improvements and expressed strong support for the project, describing it as a meaningful step toward enhancing the quality of life in the community. He asked how many streetlights had been added in recent years without this program.
Director Baumgardner responded that none had been installed.
It was moved by Council Member Frometa, seconded by Council Member Ortiz and carried 5-0, to receive and file a report on the new City paid residential street lighting program pilot program, and authorize staff to begin soliciting the program.
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Mayor Trujillo abstained from Item No. 15, due to owning property in the Downtown Downey area and Council Meeting at 9:09 p.m.
15. STREET CLOSURE APPLICATION REQUEST BY ANGEL CITY MARKET ON BEHALF OF THE DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION (DDIA) AND FEES FOR THREE (3) COMMUNITY EVENTS IN 2024: Community Development.
APPROVE THE STREET CLOSURE PERMIT AND REQUESTED FEE WAIVER OF $5,940.50.
SUBMITTED BY ANGEL CITY MARKET FOR THREE (3) COMMUNITY EVENTS SCHEDULED IN 2024
Director Huitron presented the staff report for Item No. 15, pertaining to a street closure application and fee waiver request submitted by the Downtown Downey Improvement Association (DDIA) in partnership with Angel City Market for three community events scheduled in 2024. The events include the Cinco de Mayo Festival on May 4, the Hispanic Heritage Month Celebration on September 7; and, the Downtown Downey Oktoberfest on October 18. Each event will follow the same general layout, including the closure of Downey Avenue between 2nd St. and approximately 130 feet south of 4th St., along with a portion of 3rd St. near its intersection with Downey Ave. The events will feature a stage for live entertainment, a beer garden, vendors along Downey Ave., and a traffic management plan provided by Angel City Market. Street closures will begin a few hours before each event to allow for setup and will conclude after cleanup is completed, but no later than 11:30 p.m. for the May 4 event, 9:00 p.m. for the September 7 event, and slightly after 11:00 p.m. for the October 18 event. Director Huitron summarized the associated costs and waiver requests. For the Cinco de Mayo Festival, total event fees are approximately $3,400, with a waiver request of about $2,455, covering Police personnel and Public Works maintenance costs. For the Hispanic Heritage Celebration, total event fees are slightly over $3,000, with a waiver request of approximately $2,251. For the Oktoberfest event, total fees are approximately $5,100, with a waiver request of about $1,234.
Council Member Ortiz asked whether the Downey Chamber of Commerce's recently approved street closure application, which had a fee of $8,636, included any waived fees. Director Huitron responded that there were no fee waiver requests associated with that application. Council Member Ortiz then asked about the difference between that application and the one submitted by the DDIA. Director Huitron explained that fee waivers are typically based on whether the applicant requests them. She noted that the Downey Chamber has previously indicated they budget for such fees as part of their event planning, whereas the DDIA is a nonprofit organization. She also mentioned that in the past, the City Council has waived fees for community events, including costs related to equipment rental such as the show mobile. City Manager Bradley added that while there are some similarities between the two applications, it is ultimately up to the City Council to decide whether or not to approve the fee waivers.
He stated that staff is looking for direction from the Council regarding their policy and decision on this item.
Council Member Frometa referenced the staff report and noted that the Downtown Downey Oktoberfest is described as a ticketed event. She asked whether the public would be charged to attend.
Director Huitron confirmed that it is a ticketed event but stated she was not clear on the specific charges and invited a representative from the DDIA in the audience to clarify. A representative named Kenya explained that while the event was initially considered for relocation to the public parking lot on La Reina Ave., the goal was to keep it as a community event. She stated that the ticketing system would only apply to the beer garden area, to control access. The beer garden would be hosted by a Downtown Downey restaurant, and pricing would be at the restaurant's discretion. She reiterated that the purpose of ticketing was solely to monitor access to that specific area.
Council Member Frometa asked how many vendors typically participate in the events. Director Huitron responded that the number of vendors varies and that the application includes a maximum number due to fluctuating participation. She said she would refer to the report for the exact figure and offered to provide that information. Council Member Frometa expressed concern that fee waiver requests City Council Minutes
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have become too frequent and unregulated. She emphasized the importance of limiting waivers to nonprofit organizations and noted that Angel City Market is a for -profit business, even though the DDIA submitted the request on its behalf. She recalled that previous waiver requests, such as those from LA CADA, led to an increase in similar applications, creating what she described as a "slippery slope." She stated that while Angel City Market has done a great job with Thursday events, there needs to be fairness, particularly when other organizations like the Chamber of Commerce pay full fees. She also referenced a prior request for staff to establish a community program with funding allocated for nonprofit events, which has already taken place. She stated that the City needs a clear fee waiver policy limited to nonprofits, noting that approving too many waivers diverts funds from essential services like streetlights and road repairs.
Council Member Ortiz noted that in the few months he has been on the Council, he has observed similar issues, including the City's spending on table sponsorships. He expressed concern about ensuring fiscal responsibility and suggested that the City establish a set amount that can be allocated to both nonprofit and for -profit organizations. He stated that having a defined limit would help avoid bringing each request before the Council individually.
Council Member Pemberton stated that she supports cultural and heritage events in the City and enjoys seeing them in the community as an opportunity to learn about different cultures. However, she expressed that she does not support events going past 10:00 p.m. and pointed out that the Oktoberfest event is listed as running until 11:00 p.m. She shared that many residents want the streets reopened at night and asked that the Oktoberfest be revisited. She noted that based on her review of last year's event history, it concluded at 9:00 p.m. and no fee waivers were requested at that time, with the organization paying the associated fees. Council Member Pemberton referenced the limited funding available for streetlights, citing the $50,000 budget covering only 22 lights, and stated that the City must consider what provides the best long-term value for residents. While acknowledging the benefits of community events, she concluded that funds may be better directed toward critical community needs.
Council Member Frometa asked Director Chacon how late the City's International Food Festival and Havana Nights typically run. Director Chacon responded that those events end at 10:00 p.m. Council Member Frometa then stated that no events should extend past 10:00 p.m. and City Manager Bradley asked for clarification on the motion. Council Member Frometa confirmed that the motion included not waiving fees, requiring events to end no later than 10:00 p.m., and directing staff to develop a consistent policy regarding event sponsorships.
City Attorney Funk interjected to request clarification for the record regarding the motion, asking that it be made clear what is being moved in relation to the staff recommendation and how it is being modified. He noted that it appeared there were three elements included in Council Member Frometa's motion and asked whether those were in addition to or a modification of the recommendation in the staff report. Council Member Frometa clarified that the motion includes directing staff to create a policy regarding event sponsorships moving forward, denying the current fee waiver request, and modifying the event times so that all events must end by 10:00 p.m. She confirmed that the motion approves the street closure permit with a 10:00 p.m. end time and does not approve the fee waiver, thereby modifying the original staff recommendation.
Mayor Pro Tern Sosa asked for clarification on why events are being required to end at 10:00 p.m. Council Member Pemberton responded that attendance typically thins out by that time, and staff would otherwise have to stay an additional hour. She noted that residents living near the event areas, including on 3rd St. and 4th St., often request that events end at 10:00 p.m. due to noise and a desire to have the streets reopened for driving.
It was moved by Council Member Frometa, seconded by Council Member Pemberton and carried 4-0, with Mayor Trujillo absent, to approve the street closure permit; require the events to end no later than 10:00 p.m.; and, direct staff to develop a consistent policy regarding event sponsorships for non- profits.
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Mayor Pro Tern Sosa adjourned the Regular City Council Meeting — Open Session at 9:27 p.m, in memory of Detective First Grade Jonathan Diller of the New York City Police Department, who was fatally shot during a traffic stop; Deputy Sheriff Christina Musil of DeKalb County Sherriff's Office, who was killed after her patrol car was struck by another vehicle; Agent Eliezer Ramos -Velez of the Puerto Rico Police Department, who was shot and killed while on duty; Lead Police Officer Adam Buckner of the Tucson Police Department, who was struck and killed in a vehicle accident; and, Barbara Hayden, 83, Former Downey Mayor, Council Member and Civic Leader.
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City Clerk
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