MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 11, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on June 11, 2024 at 5:31 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 Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Interim Police Chief
Anthony Hildebrand, Assistant Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Stephen Hannah, Finance Director
Jason Chacon, Recreation Manager
M. Alicia Duarte, CMC, City Clerk
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
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. items.
Mayor Trujillo asked if there was anyone present who would like to comment on Closed Session Having no one, Mayor Trujillo closed public comment.
RECESSED TO CLOSED SESSION
Mayor Trujillo announced the City Council is recessing to Closed Session at 5:33 p.m. to discuss matters under the authority of the following sections of the Government Code:
1. Government Code Section 54956.95 — Liability Claim — Worker's Compensation Claim — Claimant:
Eduardo Castro — Claim No.: 22-165769 — WCAB No.: ADJ16455190 — Agency claimed against: City of Downey.
2. Government Code Section 54956.95 — Liability Claim — Worker's Compensation Claim — Claimant:
Timothy Lau — Claim No.: 22-165769 — WCAB No.: ADJ 16478077 — Agency claimed against: City of Downey.
3. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation: City of Whittier et al. v. Superior Court of the State of California, County of Los Angeles et al. - Los Angeles County Superior Court Case No. 23STCP03579.
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RECONVENED REGULAR CITY COUNCIL MEETING — CLOSED SESSION Mayor Trujillo reconvened the Regular City Council Meeting — Closed Session at 6:30 p.m. with all Council Members present.
City Attorney Funk reported the Closed Session report as follows: In regards to Item Nos. 1, 2, and 3, no reportable action was taken.
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on June 11, 2024, at 6:32 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Mario 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: Vaniah De Rojas, Assistant City Manager
John Funk, City Attorney
Scott Loughner, Interim Police Chief
Anthony Hildebrand, Assistant Fire Chief
Matthew Baumgardner, Public Works Director
James McQueen, Human Resources Director
Irma Huitron, Community Development Director
Stephen Hannah, Finance Director
Jason Chacon, Recreation Manager
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Pastor Chris Famisaran, Seventh-Day Adventist Church. The Pledge of Allegiance was led by Boy Scout Cub Pack 805.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Ortiz welcomed the audience to the meeting and asked that staff explore the use of a third party to monitor park sites in the evenings to help supplement the Police Department while the City recruits additional Park Rangers. He noted receiving numerous resident concerns regarding issues at Golden Park, Brookshire Park, and Independence Park.
Council Member Frometa welcomed the audience to the meeting. She acknowledged members of the audience in attendance, former Mayor Mario Guerra, City Commissioners Carrie Uva, Louis Morales, John Wilhite, Jeannie Wood, Rose Float Association President Jeremy Clifton, and John Lacey.
She reported attending the Southern California Association of Governments meeting and the Gateway Cities Council of Governments meeting, where priorities for cities in the region, including Downey, were discussed. Council Member Frometa addressed the community and local media regarding the recently adopted neutral flag policy. She clarified that the Council's decision was non -partisan, nor based on hate or bigotry, and emphasized that the Council unanimously voted to continue funding the upcoming Pride Festival and to fly Pride flags in the Downtown Downey area during that week. Council Member Frometa requested staff address excessive trash and debris in City parks, especially with the Summer Concert City Council Minutes
Regular Meeting — June 11, 2024
Series beginning at Furman Park. She emphasized the need for diligence in maintaining clean and safe environments and noted that increased police presence is helpful during the busy summer months.
Mayor Pro Tern Sosa welcomed the audience to the meeting and shared that he attended several events, including the Southeast Los Angeles County Workforce Development Board (SELACO) Workforce Job Fair at LA County, which had over 60 vendors and more than 300 applicants. As a Board Member of SELACO, he noted it was positive to see dialogue on high -quality applicants and jobs. He reported attending the ribbon cutting of Kolores Barbershop on Paramount Blvd. He attended the Downey Greek Food Festival. He mentioned it was a successful event that even ran out of food late Saturday and Sunday, calling it a good problem for the organizers as it showed strong community support. He attended a Men's Mental Health Awareness Festival in the City of South Gate. He emphasized that June is Men's Mental Health Awareness Month, a topic that he felt deserves more recognition locally. He highlighted that mental health is at the root of many societal issues, including homelessness, and cited statistics showing that in 2021 the suicide rate among males was approximately four times higher than females, with males representing nearly 80% of suicides. Mayor Pro Tern Sosa requested to agendize holding a Men's Mental Health Awareness Fair in Downey starting next June. The request was seconded by Council Member Frometa. He noted he is already in contact with organizers and stressed that planning such an event takes months. Mayor Pro Tem Sosa requested staff address safety and homelessness issues at the Rancho South Campus. He reported approximately 23 encampments in the area, noting ongoing problems such as fence cutting, copper wire theft, tampering with fire hydrants, daily fires, and break-ins at the Downey Rose Float side yard. He added that Rose Float Association President Jeremy Clifton and colleagues had contacted Supervisor Janice Hahn's office for nearly a year without resolution, and he urged the City of Downey to act to improve safety and cleanliness at the site. The request was seconded by Council Member Frometa.
Council Member Pemberton welcomed the audience to the meeting noted several observances for June, including Immigrant Heritage Month, Pride Month, Juneteenth, and D-Day. She highlighted that the Downey Pride Festival, hosted by L.A. CADA, with assistance from the City, will be held in August in Downtown Downey. She announced the upcoming 4th of July Parade, organized by the Downey Chamber - of Commerce. She reported walking the Guatemala St. area with residents regarding a petition for speed humps, noting sufficient approval was obtained for their installation between Suva St. and Coolgrove Dr.
She added that letters have been sent to residents south of Suva on Guatemala St. to Horley Ave. for additional approvals. Council Member Pemberton provided a legislative update, reporting that Senate Bill 9 was ruled unconstitutional on April 22 for charter cities, including Downey. She highlighted a catalytic converter etching event at the Downey Police Department, which drew about 90 participants, and shared that approximately 1,000 students graduated from Downey High School and 1,000 from Warren High School. She discussed traffic and safety updates, including plans for an emergency vehicle override at the Suva Bridge light, increased patrols and speed enforcement on Old River School Rd., and thanked staff for graffiti removal efforts with the new graffiti truck. She recognized staff and community volunteers for cleanup efforts near CVS and thanked the Downey Court volunteers. She requested City Manager Bradley review the shopping cart retrieval program, explaining that carts are typically collected within one hour and returned to stores. She noted that Downey Police continue to monitor parks and other areas for RVs and transient activity, reiterating that overnight camping in parks is prohibited. She announced the start of the Summer Camp Program through Parks and Recreation. Council Member Pemberton emphasized her interest in animal welfare, stating she would gather more information from Southeast Area Animal Control Authority (SEAACA) about expanding low-cost spay and neuter services. She requested staff review the east side of Downey Ave. between Firestone Blvd. and Third St. to maximize parking by painting designated spaces. She reported that the mural project for the Downtown Downey parking structure would be completed by the end of the week, with application details available on social media. She addressed a recent editorial complaint about library computers, clarifying that desktop PCs are available for public use in a dedicated room at the Library entrance. She requested staff review vegetation and landscaping needs at Treasure Island Park ahead of scheduled budget cycle improvements to provide sprucing up for residents who frequently use the park. The request was I seconded by Council Member Frometa.
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Mayor Trujillo recognized Pride Month and commented on the recent flag controversy. He stated that gay pride was not born out of a need to celebrate, but rather the right to exist without persecution.
He emphasized that the LGBT community has been historically marginalized in this country and encouraged individuals who may have LGBT family members to take this month as an opportunity to express unconditional love and support. He reported attending the City of Bell Chamber of Commerce 101' Gala and the Mexican American Bar Foundation Gala. Mayor Trujillo addressed questions regarding Wilderness Park, clarifying that Downey residents do not have to pay for parking at City parks.
However, due to significant use by non-residents, a permit system was implemented. Residents may obtain free parking permits at the Parks and Recreation office by Apollo Park, near the Barbara J. Reilly Center. He invited the community to attend FatherCon at the Columbia Memorial Space Center highlighting its focus on promoting and strengthening the role of fathers in families.
CITY MANAGER/STAFF MEMBER COMMENTS
Assistant City Manager De Rojas reported that staff will return with information on exploring a third -party service to assist with park monitoring to supplement Police Department efforts and Park Rangers. She added that staff will also return with an item for discussion regarding a Mental Health Awareness Fair, and will be reaching out to the County to address issues at the Rancho South Campus related to homelessness activity. She thanked Council Member Pemberton for her comments regarding Downey Downtown parking, noting that work is currently underway and anticipated to be completed by the end of the week. She confirmed that vegetation improvements at Treasure Island Park will begin this week.
PRESENTATIONS
1. Mayor's Excellence Award to Downey Unified School District 2024 Graduating Students.
2. Mayor's Excellence Award to Downey Razorbacks, Downey Youth Football Non -Profit.
3. Proclamation in honor of the United States Army's 249th Birthday.
PUBLIC HEARINGS
1. ADOPTION OF RESOLUTION NO. 24-8244, DENYING APPEAL BY GOLDEN STATE
ENVIRONMENTAL JUSTICE ALLIANCE (GSEJA) AND UPHOLDING THE DETERMINATION OF
THE PLANNING COMMISSION WITH RESPECT TO ALL PROJECT APPROVALS FOR THE DEVELOPMENT KNOWN AS "PROLOGIS STEWART & GRAY ROAD WAREHOUSE PROJECT": Community Development.
ADOPTED RESOLUTION NO. 24-8244, DENYING APPEAL BY GOLDEN STATE
ENVIRONMENTAL JUSTICE ALLIANCE (GSEJA) AND UPHOLDING THE DETERMINATION
OF THE PLANNING COMMISSION WITH RESPECT TO ALL PROJECT APPROVALS FOR THE DEVELOPMENT KNOWN AS "PROLOGIS STEWART & GRAY ROAD WAREHOUSE PROJECT"
Mayor Trujillo opened the Public Hearing at 7:29 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried 5-0, to receive and file the publication.
Contract Planner Ray Pascua presented the staff report for Item No. 1, related to the proposed Prologis warehouse project at 9350 Hall Rd. and 9363 Stewart and Gray Rd. He noted that the Planning Commission voted 4-0-1 to certify the Final EIR, adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approve the site plan review, variance, and lot merger.
An appeal was filed by the Golden State Environmental Justice Alliance citing concerns with pollution City Council Minutes
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and traffic impacts. The project proposes a 535,685 square foot warehouse with cold storage, office, and mezzanine space on a 29.16-acre site. It complies with M2 zoning standards, with a variance requested to exceed the 45-foot height limit by 9 feet to accommodate a parapet wall screening roof equipment. A lot merger will consolidate five parcels into one. The Final EIR found most impacts less than significant or mitigated, with the only unavoidable impact being temporary construction noise during nighttime concrete pouring. Mitigation measures will require permits, notifications to nearby residents, and scheduling limits. Staff recommended denying the appeal and upholding the Planning Commission's approvals. Notices were sent to property owners within 500 feet and published in The Downey Patriot.
No public comments were received. Helix Environmental Planning staff were present for questions.
Community Development Director Irma Huitron clarified that the Planning Commission vote on March 6 was unanimous, 4-0, with one Commissioner absent due to an excused absence. She noted that revised Conditions of Approval 49 and 73, previously approved by the Planning Commission, were inadvertently not fully reflected in the Council packet. Updated copies were provided to the Council and made available to the public. She explained that staff recommends modifying Condition of Approval 73 to provide greater specificity, requiring the applicant to install a permanent raised median along Hall Rd. to prevent vehicles and trucks from turning left. The applicant has reviewed and agreed to this modification.
Council Member Ortiz asked what hours would be allowed for overnight concrete pouring. Director Huitron responded that construction hours are generally limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays, with no work permitted outside of these hours without a land use application. She explained that the Planning Commission limited nighttime activity to a maximum of 40 days, not to exceed five consecutive days at a time, as analyzed in the Environmental Impact Report. She added that nighttime construction would only be necessary for long concrete pours or inclement weather and not on a regular basis. Under revised Condition 49, the applicant must also notify all residences within 750 feet if nighttime work occurs.
Mayor Trujillo invited the appellant to address the Council. No response was given.
Council Member Pemberton stated that she grew up in the area and was pleased to see the proposed development move forward, noting the site has been a blighted area for decades. She observed that Prologis previously built a project on Woodruff Ave. that replaced an old 1960s building with a modern tilt -up facility that looks very nice. She expressed support for the revitalization of Stewart and Gray Rd., adding that the area has long been neglected and will benefit from improvement along with projects on Woodruff Ave. She highlighted that the project will provide construction jobs with union workers and additional jobs once a tenant occupies the facility. She acknowledged the site's proximity to the 605 Freeway and stated that significant traffic mitigation measures, particularly along Hall Rd., will prevent truck impacts to nearby neighborhoods. She noted that the project includes three acres of landscaping and green space.
Mayor Trujillo opened this item for public comment.
Mayor Trujillo asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
Jose Rodillo, resident, commented in support of the proposed warehouse project.
Jeff Brie, commented in support of the proposed warehouse project.
Amy Smith, commented in support of the proposed warehouse project.
Omar Galindo, commented in support of the proposed warehouse project.
Neela Cook, commented in support of the proposed warehouse project.
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Javier Arellano, resident, commented in opposition of the proposed warehouse project.
Ariana Oliva Gaitan, resident, commented in support of the proposed warehouse project.
Sam Nieto, commented in support of the proposed warehouse project.
Sadie Kay, commented in support of the proposed warehouse project.
Mariana Martinez, resident, commented in opposition of the proposed warehouse project.
Assistant City Manager De Rojas noted that Director Huitron could address public comment.
City Clerk Duarte confirmed no written public comments were received.
Director Huitron addressed public comments regarding Condition 73, clarifying that the required raised median along Hall Rd. would extend the full length of the property, approximately 800 feet from the west boundary to Woodruff Ave. She explained that the median would prevent vehicles from turning left into the adjacent residential neighborhood. This modification was discussed at the Planning Commission meeting and is being brought forward for Council consideration with further clarification. She noted that installation of the raised median would require eliminating all parking along the north side of Hall Rd., which would also resolve ongoing concerns about trucks parking there. She reminded the Council that the City adopted an ordinance about a year ago prohibiting overnight truck parking and limiting parking to four hours. Signs will be installed to reflect the new no parking restriction. Additionally, truck queuing along Hall Rd. is prohibited under project conditions, requiring all business operations and truck staging to occur on site. She added that the raised median would make truck stacking on Hall Rd. practically impossible. Director Huitron addressed public outreach, explaining that the project dates back to 2022 and involved extensive community engagement. A public scoping meeting was held on April 18, 2022, signs were posted on the property, and multiple notices were circulated in accordance with CEQA requirements. The Draft Environmental Impact Report was released for public review in December 2023, followed by a Planning Commission hearing on March 6, 2024, and the current City Council hearing. She emphasized that both hearings were noticed to property owners and site addresses within a 500-foot radius, exceeding the requirements of the Downey Municipal Code.
It was moved by Council Member Frometa, seconded by Council Member Pemberton, and so ordered by Mayor Trujillo, to close public comment at 8:10 p.m.
Council Member Ortiz asked how the size of the proposed Prologis project compares to the Coca- Cola factory in Downey. Director Huitron responded that she did not have the exact acreage of either site but noted that the Coca-Cola facility is expansive and also located near single-family residential areas.
She stated that the Prologis project is very similar in size and that operations would be comparable, with a robust industrial use and a significant number of employees. She added that all employee parking would be accommodated on site and explained that the truck wells at the Prologis project were designed to be more discreet, benefiting from hindsight in project design.
Council Member Ortiz asked if a tenant had been identified for the project. Director Huitron responded that no specific tenant has been confirmed, but the Environmental Impact Report analyzed the site as a High Cube Fulfillment Center, which is the type of use the applicant intends to accommodate and attract.
Council Member Ortiz stated that it was a difficult decision because the project is located in his District. He emphasized the importance of weighing the pros and cons of such projects and commented that the proposal addresses two of the community's major concerns, specifically traffic impacts and job creation.
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Council Member Frometa noted that the report indicates the project is anticipated to create approximately 300 short-term construction jobs and permanent jobs once completed. She asked about the approximate number of trucks expected to enter and exit the site, noting the importance of truck routing to avoid impacts on nearby neighborhoods. Director Huitron responded that the Coca-Cola site is about 10 acres larger than the Prologis project. She stated that the number of trucks was analyzed as part of the Environmental Impact Report and emphasized that trucks will be directed to use Woodruff Ave., which is designated as a truck route in the City's General Plan. She explained that the project site is properly zoned and consistent with the General Plan, so no conditional use permit is required, and the project complies with standards for parking, setbacks, and landscaping. The only exception is the variance requested to allow screening of rooftop equipment. She noted she would confer with staff to confirm the exact number of trucks projected.
Council Member Frometa asked how the City would enforce noise level limits for the project, noting that reports indicate daytime noise should not exceed 55 dBA at residential property lines, 65 dBA at commercial property lines, and 68 dBA at industrial property lines. She expressed concern about ensuring compliance, particularly for nearby residential areas. Director Huitron responded that the project is designed as an interior warehouse operation with enclosed truck docks, meaning loading and unloading will occur inside the building to reduce noise. She explained that modern truck dock designs align trailers directly with the interior of the warehouse, minimizing external noise. She added that noise outside the building would primarily be from normal vehicle movement on site. For enforcement, she stated that compliance would be monitored by the City's Code Enforcement team and Police Department, who have calibrated noise meters and could proactively check operations to ensure adherence to noise limits.
Council Member Pemberton commended Director Huitron for addressing safety concerns by eliminating parking along Hall Rd., noting this would reduce blind spots and improve quality of life for nearby residents. She suggested exploring the installation of a stop sign with flashing red lights to improve visibility at night and enhance traffic safety.
Mayor Pro Tern Sosa commended staff for providing a thorough and professional analysis report.
Mayor Trujillo addressed the residents of District 1, stating that the district has long been the most neglected in the City despite being surrounded by four freeways. He acknowledged the challenges posed by the industrial corridor adjacent to residential neighborhoods and cited issues with trucking businesses, including late -night truck traffic on Cleta St. and Patton Rd., which has since been addressed. He emphasized that families living in the community must take priority and reaffirmed his commitment to enforcement, stating that trucks parking or operating disrespectfully in neighborhoods will not be tolerated. He pledged to use all available resources to ensure compliance, urging residents to report any infractions, including parking or speeding, so that Police and Community Service Officers can respond.
He described the project as a positive step toward beautifying the area but stressed that it must be closely monitored. He expressed his belief that the Council would support the project but reassured residents that their concerns were heard.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried a 5-0, to adopt Resolution No. 24-8244, denying the appeal by Golden State Environmental Justice Alliance and upholding the determination of the Planning Commission with respect to all project approvals for the development known as "Prologis Stewart & Gray Rd. Warehouse Project" and to include the amendments and updates as set forth in the supplemental documentation provided by Community Development Director Irma Huitron.
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 public comments were received.
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Mateo, resident, commented in support of a cease fire resolution.
Michael Wauschek, commented in support of a cease fire resolution.
David Devis, commented in support of the renaming of Downey streets.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried 5- 0, to receive and file written public comment.
Mayor Trujillo asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items.
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Frank Garcia, requested that a stop sign be installed on the corner of Coolgrove Dr. and Tweedy Juan Martinez, resident, commented in support of a cease fire resolution.
Michelle Farina, resident, commented in support of a cease fire resolution.
Speaker No. 5, commented in support of a cease fire resolution.
Erica, resident, commented in support of a cease fire resolution.
Speaker No. 7, commented in support of a cease fire resolution.
B.C., resident, commented against Item Nos. 4 and 5.
Lily Karam, commented in support of a cease fire resolution.
Karim, commented in support of a cease fire resolution.
Monica Sandoval, commented in support of a cease fire resolution.
Speaker No. 12, commented in support of a cease fire resolution.
Lee Squire, resident, commented in support of a cease fire resolution.
Rodolfo Cortez Barragan, non-resident, commented in support of a cease fire resolution.
Speaker No. 15, commented in support of a cease fire resolution.
Speaker No. 16, commented in support of a cease fire resolution.
Alex, commented in support of a cease fire resolution.
Ramsey, commented in support of a cease fire resolution.
Speaker No. 23, resident, commented in opposition of a cease fire resolution.
Riley, resident, commented in regards to supporting LGBTQ+ youth.
Speaker No. 25, commented in regards to the homelessness issues by her place of business.
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Speaker No. 26, commented in regards to the homelessness issues by his place of business.
John Lacey, resident, commented in support of a neutral flag policy.
Esteban, resident, commented on the crime issue in his neighborhood.
Abraham, commented in support of a cease fire resolution.
Alfred Tovar, resident, commented in opposition to extending term limits.
Marina, resident, commented in opposition to extending term limits.
Janelle, commented in support of a cease fire resolution.
Fernando Islas, commented in support of a cease fire resolution.
Joaquin Beltran, resident, commented in support of a cease fire resolution.
Jennifer, commented in support of a cease fire resolution.
It was moved by Council Member Frometa, seconded by Council Member Ortiz, and so ordered by Mayor Trujillo, to close public comment.
CONSENT CALENDAR
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried 5- 0, to approve the Consent Calendar.
2. WARRANTS ISSUED: Warrant Nos. 378425 — 378869; Payroll Wire Nos. 30004470 — 30004472; EFT Nos. 13571 — 13605; and, Manual Wire Nos. 2523 — 2527, in the total amount of $5,733,597.70:
Finance.
3. APPROVAL OF THE FUNDING AGREEMENT FOR CALIFORNIA URBAN SEARCH AND RESCUE REGIONAL TASK FORCE 2: Fire.
AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AGREEMENT NUMBER A221012253 WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES IN THE AMOUNT OF $169,950 INCLUDING ANY SUBRECIPIENT
AGREEMENTS NECESSARY FOR THE EQUITABLE DISTRIBUTION OF THE FUNDS TO PARTICIPATING AGENCIES IN REGIONAL TASK FORCE-2 OPERATIONS
ADMINISTRATIVE REPORTS
4. CONSIDERATION OF CITY COUNCIL TERM LIMITS AND DISCUSSION OF POTENTIAL CITY CHARTER AMENDMENT: City Clerk/City Attorney.
DISCUSSED THE SUBJECT OF TERM LIMITS FOR COUNCILMEMBERS, AS THOSE LIMITS
PRESENTLY EXIST UNDER THE DOWNEY CITY CHARTER AND WITH RESPECT TO ANY
PROPOSED CHANGES TO THE CURRENT LIMITS, WHICH WOULD BE SUBMITTED TO
DOWNEY VOTERS FOR CONSIDERATION IF DESIRED, AND PROVIDED DIRECTION TO STAFF
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City Attorney John Funk provided the staff report for Item No. 4. He presented a discussion regarding term limits, which was agendized at the Council's request. He explained that term limits are primarily a matter of local policy, subject to voter approval under state law, and generally fall into two categories, lifetime or consecutive. Lifetime limits restrict an officeholder to a set number of terms during their lifetime, while consecutive limits allow multiple terms followed by a cooling off period before eligibility resumes. He noted that Downey's term limits are of the lifetime type, restricting officeholders to two four- year terms. These limits were enacted by voters in 1993 and codified in Section 500.1 of the City Charter.
In 2008, voters rejected a measure that would have allowed three consecutive terms followed by a two- year cooling off period. As a result, the original two term lifetime limit remains in effect.
Council Member Frometa addressed the discussion on term limits, clarifying that she does not plan to run for a third term if voters approve a change. She stated her intent was to provide an opportunity for the community to consider amending the City Charter to allow three consecutive terms, or 12 years, with no cooling off period. She noted that prior to the adoption of term limits in 1993, no Downey Council Member had served more than three terms. She pointed out that the 1993 measure was approved in a special election that cost taxpayers over $80,000. She explained that aligning Downey's term limits with those of the state legislature, Los Angeles County Board of Supervisors, and cities like Los Angeles and Long Beach would provide greater stability in leadership and allow for long term strategic planning. She highlighted that proven leaders invested in the community, rather than seeking higher office, would have more time to serve on regional executive boards and strengthen Downey's voice in Southeast Los Angeles County. Council Member Frometa stated that the proposal would be retroactive, allowing past Council Members an opportunity to serve one additional term. She emphasized the importance of maintaining term limits to ensure fresh ideas and community representation, while also recognizing the need for continuity to complete long term projects, citing the Columbia Memorial Space Center as an example of a project delayed due to council turnover. She concluded by stressing that the proposal is intended for discussion and that the decision ultimately rests with the voters. She distinguished the current proposal from the 2008 measure, noting that the prior amendment included a cooling off period that could have extended service beyond 20 years, which she does not support.
Council Member Pemberton reflected on her recent six months of service, noting the amount of work accomplished and the importance of dedicated public servants. She acknowledged the argument that strong leaders should have more time but emphasized that Downey's two -term, eight -year limit is consistent with the President of the United States. She stated that eight years is sufficient for accomplishing meaningful work and allows new individuals to step forward. She cautioned that extending to a third term could keep someone in office who is not acting in the best interest of the City, since voters may not always be fully informed about a candidate's record. She stressed the value of giving new people the opportunity to serve, adding that public service requires being actively engaged in the community rather than focused on appearances. Council Member Pemberton concluded that the City Charter was designed with future leaders in mind and expressed her support for maintaining the two -term, eight -year limit, stating that a city of 114,000 residents should be able to find five individuals willing and able to serve effectively.
Mayor Pro Tern Sosa acknowledged that long-term projects benefit from continuity in leadership but expressed concern about the risk of keeping the wrong people in office due to the power of incumbency. He stated that even if a third term were available, he would have no desire to serve beyond two terms. He added that eight years is sufficient time to accomplish meaningful work and concluded that he could not support extending term limits beyond two terms.
Council Member Ortiz expressed agreement with Council Member Pemberton, noting that after six months of service he already feels the weight of a full term. He stated that while the intent is to serve the community well, it is too early to make changes to term limits. He affirmed that eight years is appropriate at this time and suggested that broader charter revisions could be considered in the future after more thorough discussion.
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Council Member Frometa proposed creating an ad hoc committee to review the City Charter, noting there had been prior discussion regarding at -large District 5 and that several areas of the charter may need review and alignment. She emphasized that this process should not be rushed or tied to the November election deadline but should allow for a more careful evaluation.
Council Member Frometa requested that a discussion to create an Ad Hoc Committee of two Council Members to review the City Charter be added to next Council Meeting Agenda. The motion was seconded by Mayor Pro Tern Sosa.
After the presentation, no Council action was taken for Item No. 4.
DISCUSSION OF FEE WAIVER, DONATIONS, SPONSORSHIPS FOR NON-PROFIT ORGANIZATIONS: Administration.
DISCUSSED AND PROVIDED STAFF WITH DIRECTION REGARDING THE
ESTABLISHMENT OF A FEE WAIVER, DONATIONS, AND, SPONSORSHIP POLICY FOR
NON-PROFIT ORGANIZATIONS
Assistant to the City Manager Marlon Ramirez provided the staff report for Item No. 5., regarding a proposed policy to address fee waivers, donations, sponsorships, and use of the City show mobile for non-profit organizations. He explained that the City has historically supported non -profits through fee waivers, donations, and resources, and in Fiscal Year 2023-24 established a $100,000 community - based organization grant program, which has already assisted five groups. For fee waivers, three options were outlined: setting a cap on the total amount waived, providing a percentage -based waiver, or limiting waivers to specific fees such as application or rental fees. Staff recommended option two, a 50 percent waiver, as it scales with event size while ensuring nonprofits contribute to costs. For table sponsorships, options included: one, setting a dollar limit per table; two, adopting sponsorship levels such as bronze, silver, or gold; or three, setting a yearly budget allocation. Staff recommended option two, adopting a bronze -level sponsorship, consistent with current practices and allowing streamlined approval. For golf voucher donations, options included: one, setting a yearly limit per nonprofit; two, limiting donations to groups not receiving other support; or three, maintaining the current practice but approving requests internally through the City Manager's Office. Staff recommended option three. For the show mobile, staff recommended formalizing the current practice by limiting use to Downey non -profits and continuing to waive the $800 rental and delivery fee. He concluded that adopting a formal policy would streamline approvals, create equity among nonprofits, and relieve the City Council of the need to consider requests individually. He stated that staff would return with a final policy for Council adoption following direction.
Mayor Pro Tern Sosa asked whether the staff recommendation for a percentage -based fee waiver included a cap. Assistant to the City Manager Ramirez responded that it would be based on the event itself and was not capped for any individual organization, noting that fee waiver requests are typically made annually by the same organizations.
Mayor Pro Tem Sosa suggested revising the fee waiver recommendation to specify a 50 percent cap rather than leaving it open-ended. Regarding table sponsorships, he stated that using a bronze -level sponsorship may not be consistent across events and expressed a preference for setting a clear cap.
For golf voucher donations, he recommended limiting them to one per organization annually, noting that Downey non -profits typically hold only one golf tournament each year.
Assistant City Manager De Rojas explained that the 50 percent recommendation for fee waivers was based on past practice, noting that nonprofits had historically received discounts at about that level.
Mayor Pro Tern Sosa responded that because some fees are higher than others, he preferred maintaining discretion rather than setting a fixed percentage.
Council Member Frometa noted that bronze -level sponsorships can vary depending on the event and suggested clarifying whether the City should establish a specific cap on the amount.
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Mayor Trujillo noted the difficulty in setting limits for table sponsorships since costs vary by event.
He cited the Children's Family Guidance Center, where a bronze sponsorship was five thousand dollars, and suggested it may be better to leave requests to staff and the City Manager to evaluate individually on a case -by -case basis. He asked if the staff recommendation was to maintain the status quo. Assistant to the City Manager Ramirez confirmed, stating that once a formal policy is adopted, the status quo would authorize the City Manager to approve sponsorships automatically at the limit set by the Council.
Assistant City Manager De Rojas clarified that the item Mayor Trujillo referenced was the golf foursome donation, which staff recommended leaving as status quo, while other items had proposed limits. Mayor Trujillo agreed with Mayor Pro Tern Sosa's assessment that the fee waiver language should read "up to 50 percent" rather than "50 percent," to allow flexibility in determining the amount waived. He asked that this recommendation be adopted.
Council Member Pemberton suggested that entities receiving Community Development Block Grant funding should not be eligible for community -based organization grants. She agreed with Mayor Pro Tern Sosa on capping fee waivers at 50 percent, noting that waivers totaled $19,000 in 2023 and represented a significant financial burden. On table sponsorships, she stated she was not in favor of providing them, explaining that the City already attends events in a representative capacity and should not add another level of sponsorship. If sponsorships were allowed, she would support setting a cap, but preferred not to pursue them. Regarding golf vouchers, she supported keeping the status quo, noting that nonprofit golf tournaments are typically held only once a year. On the show mobile, she supported the proposed language limiting use to Downey nonprofits and requiring proof of active status with the Secretary of State and IRS.
Council requested that staff return with a drafted policy for the fee waiver, donations, and, sponsorship policy for non-profit organizations.
After the presentation, no Council action was taken for Item No. 5.
6. DISCUSSION REGARDING THE DEVELOPMENT OF A UTILITY UNDERGROUNDING PLAN AND PROPOSED EXPENDITURE OF RULE 20A FUNDING TO UNDERGROUND EXISTING UTILITY LINES: Public Works.
1) DISCUSSED THE DEVELOPMENT OF A UTILITY UNDERGROUNDING PLAN AND
DIRECT STAFF TO INCLUDE ARTERIAL ROAD SEGMENTS ONLY IN THE INITIAL PLAN; AND,
2) PROVIDED DIRECTION ON ONE OF FOUR POTENTIAL NEAR -TERM UTILITY
UNDERGROUNDING PROJECTS USING THE AVAILABLE BALANCE OF CPUC RULE 20A WORK CREDIT FUNDS
Director Baumgardner presented the staff report for Item No. 6. He requested Council direction on the development of a utility undergrounding plan. He explained that utility undergrounding has been a City practice since 1968, with 23 utility districts formed and approximately 15 miles of arterial road segments completed, most recently under CPUC Rule 20. He noted that undergrounding enhances safety, aesthetics, and reliability along major corridors. Director Baumgardner reviewed California Public Utilities Commission (CPUC) Rule 20A, 20B, and 20C. Under Rule 20A, cities previously received annual work credits for projects along high -visibility corridors, but those credits ended in 2021. The City of Downey has a remaining balance of just under $3 million dollars, which must be assigned to a project by June 30, 2025. Rule 20B allows cities to fund arterial projects with partial reimbursement from Southern California Edison (SCE), and Rule 20C governs residential areas but requires cities to cover the full cost. He reported that 18 arterial segments totaling 24.5 miles remain, with costs ranging from 1.5 to 15.3 City Council Minutes
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million dollars each, for a total estimated cost of $124 million dollars. Staff recommended focusing on arterial segments, noting that residential undergrounding would be costly and disruptive with no outside funding. Director Baumgardner identified four eligible arterial segments for the use of Rule 20A funds:
Firestone Blvd. from Arnett St. to the west City limit, Lakewood Blvd. from north of Gallatin Rd. to Telegraph Rd., Paramount Blvd. from Florence Ave. to Lubec St., and Telegraph Rd. from Lakewood Blvd. to Passons Blvd. He recommended Firestone Blvd. as the priority project because it would complete the corridor, serve as the western entrance to the City, and best maximize the remaining work credits.
He concluded that once a segment is selected, staff would coordinate with SCE on the application and design process, and return to Council to establish an underground utility district by resolution, as required by CPUC. He noted that projects typically take three years to complete but emphasized the importance of committing the remaining funds before the end of the next fiscal year.
Mayor Trujillo stated that it has long been his personal goal to underground utilities in the City, particularly along major arterial roadways such as Florence Ave., Firestone Blvd., Imperial Hwy., and Lakewood Blvd. While acknowledging the high cost, he emphasized the long-term benefit for the community, comparing the aesthetics to newer cities like Irvine in Orange County with unobstructed views. He noted that this is not a project likely to be completed in current lifetimes but would be an investment in the City's future. He expressed support for using the $3 million dollars available through SCE on Firestone Blvd. at the City's western entrance, identifying it as the best use of funds and stating he was partial to Segment D.
Council Member Pemberton stated that she concurred with the recommendation for Segment D, noting that it made sense visually and aesthetically and would complete the entire area. She added that Florence Ave. was also a significant corridor to consider but agreed that Segment D was the best choice.
Council Member Frometa asked if there were any future grant opportunities to supplement the work credit balance. Director Baumgardner responded that he had not identified any grant funding for this type of work. He explained that past projects were typically funded with City funds, with up to 20 percent reimbursement available under Rule 208. He noted that local return funds such as Proposition C and Measure R had been used in the past, particularly since many arterial segments are bus corridors.
However, he cautioned that these funds also support paving, sidewalks, and traffic signal upgrades, creating competition for their use. He added that while grant opportunities are limited, the City could consider setting aside funds annually to build toward future segments.
It was moved by Council Member Frometa, seconded by Council Member Pemberton, and carried 5-0, to accept recommendation for segment D.
ADJOURNMENT
Mayor Trujillo adjourned the Regular City Council Meeting — Open Session at 10:47 p.m. in memory of Tribal Police Officer Joshua Briese, 23, of the Gila River Police Department, who was shot and killed responding to a disturbance call; Senior Police Officer Vicente Ortiz, Jr., 44, of the Corpus Christi Police Department, who succumbed to his injuries sustained when he was involved in a motorcycle crash escorting a funeral procession; and, Carolyn Susnir, 86, long-time Downey resident and mother in law of Downey City Attorney John Funk.
)AR�ALICI�ADUA�RT�, M
City Clerk
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HECTOR SOSA
Mayor