MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 24, 2024
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on September 24, 2024 at 5:34 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Trujillo presiding.
PRESENT
ALSO PRESENT
Council Members:
Mario Trujillo
Hector Sosa
Claudia M. Frometa
Horacio Ortiz
Dorothy Pemberton
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
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
(excused)
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 5:37 p.m. to discuss matters under the authority of the following sections of the Government Code:
Government Code Section 54956.95 — Liability Claim - Worker's Compensation Claim — Claimant:
Jose Barajas — Claim No.: 22-163840; Worker's Compensation Appeals Board No.: ADJ 17473291; Agency claimed against: City of Downey.
2. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation: In re Aqueous Film -Forming Foams Product Liability Litigation, United States District Court for the District of South Carolina, Case No. MDL 2:18-MN-2873-RMG.
3. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation: Laurel Goodwin v. City of Downey et al., Los Angeles County Superior Court Case No. 20STCV45245.
City Council Minutes
Regular Meeting — September 24, 2024
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 September 24, 2024, at 6:33 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 Tem
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
(excused)
The Invocation was delivered by Pastor Chris Famisaran, Seventh-Day Adventist Church. The Pledge of Allegiance was led by Girl Scout Troop 1745.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Ortiz welcomed the audience to the meeting. He reported attending the 9/11 Remembrance Ceremony, the Rancho Los Amigos Hispanic Heritage Event, the Citizens Academy, and the Anne Frank Tour at Doty Middle School. He congratulated and welcomed the new Downey Youth Commissioners.
Mayor Pro Tem Sosa welcomed the audience to the meeting. He reported attending the 9/11 Remembrance Ceremony, commending staff for their work. He attended the Rancho Los Amigos Hispanic Heritage Month celebration, noting the celebration of multiple Latino cultures, and participated in the Father Con event, praising its efforts to highlight the role of fathers and raise awareness about human trafficking.
Council Member Pemberton welcomed the audience to the meeting. She recognized Hispanic Heritage Month and reported that new lighting was installed on Bluff Rd., improving neighborhood safety, with plans to explore lighting dark alleys. She referenced ongoing legislative efforts to repurpose unused buildings at the Norwalk Metropolitan State Hospital to address homelessness and mental health needs.
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Regular Meeting — September 24, 2024 2
She noted that repairs are planned for the iconic "Bob's Big Boy" statue. She reported attending the International Food Fair, the Vector Control Mosquito Board meeting, and the Downey Symphony fundraiser. She thanked Public Works employees, and the employees at Southeast Area Animal Control Authority (SEAACA) for their service, acknowledged the use of radar speed detectors, and announced upcoming events including Havana Nights and the Gangs Out of Downey golf tournament. She closed by honoring the late Mark Keller, longtime Downey Theatre stage manager and beloved community Santa, who recently passed away.
Mayor Trujillo reported attending several community events, including ribbon cuttings for new businesses, the International Food and Music Festival, the 9/11 ceremony, the Anne Frank Tour at Doty Middle School, the Revolution Festival, and the opening of the Whittier LGBT Center. He encouraged residents to shop locally to support Downey businesses and thanked Parks and Recreation staff for their successful events. He noted the importance of advocacy within SEAACA. Mayor Trujillo requested a report on the vacant lot next to Calvary Chapel and the 1-105 freeway, citing it as a major site of homeless encampments and urging development of the property.
Director of Community Development Irma Huitron responded that the property owner has submitted a preliminary application for Housing Development, which is under active review. Staff recently met with the applicant to ensure compliance with development and fire codes, and the project has been progressing well. She confirmed staff will continue to provide updates. Mayor Trujillo thanked her for the response and acknowledged that while the process may be lengthy, the community should know progress is being made.
CITY MANAGERISTAFF MEMBER COMMENTS
Assistant City Manager De Rojas thanked City staff, including the Police and Fire Departments, for their extensive efforts in public engagement related to the General Plan, Environmental Justice sections, Consolidated Plan, IFF, Beyond the Book, and the Police Department assessment, noting the significant work involved and the valuable feedback received from the community.
PRESENTATIONS
1. Mayor's Excellence Award to the Vasquez Family.
2. Mayor's Excellence Award to the Downey Foundation for Educational Opportunities.
3. Certificates of Appointment to new Youth Commissioners.
PUBLIC HEARINGS
1. APPROVAL OF THE AMENDED CITIZEN PARTICIPATION PLAN (CPP) FOR PROGRAMS
FUNDED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD): Economic Development.
1) CONDUCTED A PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON THE DRAFT AMENDMENT TO THE CPP;
2) ADOPTED THE AMENDED CPP AND AUTHORIZED THE CITY MANAGER, OR THEIR DESIGNEE, TO SUBMIT THE PLAN TO HUD; AND,
3) AUTHORIZED THE CITY MANAGER, OR THEIR DESIGNEE, TO MAKE NECESSARY
ADJUSTMENTS TO THE CPP IN RESPONSE TO FEDERAL REGULATIONS OR
GUIDANCE FROM HUD
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Regular Meeting — September 24, 2024 3
Mayor Trujillo opened the Public Hearing at 7:09 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ortiz, seconded by Council Member Pemberton, and carried 4-0, with Council Member Frometa absent, to receive and file the publication.
Economic Development Director Austin Ramirez provided the staff report of Public Hearing No.
1. He presented the amended Citizen Participation Plan (CPP) for programs funded by the U.S.
Department of Housing and Urban Development (HUD), including HOME and Community Development Block Grant (CDBG) programs. He explained that the CPP guides resident and stakeholder engagement, promotes transparency and accessibility, and ensures compliance with HUD requirements. The amendment includes updated thresholds for substantial amendments to action plans, creation of an evidence -based language access plan using local data, and improvements to public review, comment, and accessibility processes. If adopted, the amended CPP will be implemented immediately and submitted to HUD for approval. Director Ramirez noted that development of the five-year Consolidated Plan is underway and invited residents to participate through a community survey and upcoming public meetings.
Mayor Pro Tern Sosa asked about outreach methods for the Citizen Participation Plan. Director Ramirez responded that outreach varies by program and may include door hangers, door-to-door engagement by consultants, participation at community events, and flyers on social media platforms such as Facebook Boost. He added that feedback is also gathered directly from housing rehab recipients.
Council Member Pemberton asked if only two outreach meetings were planned. Director Ramirez responded that outreach will continue throughout the year -long consolidated plan process, with multiple opportunities for public input.
Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk confirmed no written public comments were received.
Mayor Trujillo asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
funds.
B.C., resident, commented in regards to the participation rights of residents.
Lee Squire, resident, commented in regards to annual accountability for federal HUD and Home Having no further speakers, Mayor Trujillo closed public comment.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and so ordered by Mayor Trujillo, to close the Public Hearing at 7:16 p.m.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Ortiz, and carried a 4-0, with Council Member Frometa absent, to approve staff's recommended actions.
2. APPROVAL OF A ZONE CHANGE, SITE PLAN REVIEW, CONDITIONAL USE PERMIT, VARIANCE, AND LOT MERGER TO FACILITATE THE DEVELOPMENT OF A NEW 18,718 SQUARE FOOT YMCA FACILITY (PLN-23-00168): Community Development. 1) INTRODUCED AN ORDINANCE APPROVING A ZONE CHANGE DESIGNATION FROM
OPEN SPACE (OS) ZONE TO THE COMMERCIAL OFFICE (CP) ZONE FOR THE PROPERTY LOCATED AT 11531 DOWNEY AVENUE;
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Regular Meeting — September 24, 2024 4
2) ADOPTED RESOLUTION NO. 24-8269, (1) APPROVING A SITE PLAN REVIEW, (2) CONDITIONAL USE PERMIT, AND (3) A VARIANCE, THEREBY ALLOWING THE CONSTRUCTION OF AN 18,718 SQUARE FOOT YMCA PARKS AND RECREATIONAL FACILITY AND 975 SQUARE FOOT GYMNASIUM ADDITION LOCATED AT 11521 DOWNEY AVENUE, 11531 DOWNEY AVENUE, AND 8268 ARNETT STREET (PLN-23- 00168); AND,
3) ADOPTED RESOLUTION NO. 24-8270, APPROVING A LOT MERGER FOR THE CONSOLIDATION OF THREE PARCELS (PLN-23-00168) FOR THE PROPERTIES LOCATED AT 11521 DOWNEY AVENUE, 11531 DOWNEY AVENUE, AND 8268 ARNETT STREET (APNs: 6255-013-032, 6255-013-033, AND 6255-013-034) Mayor Trujillo opened the Public Hearing at 7:19 p.m.
Council Member Pemberton abstained from Public Hearing Item No. 1 due to being a board member of the Downey YMCA and left the dais at 7:20 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Ortiz, seconded by Mayor Pro Tern Sosa, and carried 3-0, with Council Member Frometa absent and Council Member Pemberton abstaining from the item, to receive and file the publication.
Principal Planner Alfonso Hernandez provided the staff report for Public Hearing Item No. 2. He presented a proposal for a new YMCA facility at 11521 and 11531 Downey Ave. and 8268 Arnett St. The project includes a zone change from Open Space to Commercial Office to align with the General Plan, a site plan review, a conditional use permit, a variance, and a lot merger. The proposal is for an 18,718 square -foot main building, retention of an existing 7,625 square -foot gymnasium with a 975 square -foot addition, a 2,271 square -foot basement, and a 1,640 square -foot outdoor pickleball court. The project requires a variance to allow the gymnasium's existing legal nonconformities related to setback (13.3 feet instead of 46 feet) and height (25.83-30.66 feet under variable height standards). Staff concluded that the variance is reasonable due to the gymnasium's independent structural design. The project meets requirements for lot coverage, parking (98 spaces), landscaping (10%), and design standards with a contemporary architectural style. The facility will employ 100 people (20 full-time, 80 part-time) with hours of operation Monday through Friday from 6 a.m. to 9 p.m., Saturday 8 a.m.-4 p.m., and Sunday 12 p.m.- 5 p.m. Activities will include swimming, sports, youth and teen leadership programs, academic enrichment, and health programs. Public notices were distributed, and one request was received for a red curb on Downey Ave. to improve traffic visibility; Public Works confirmed installation is scheduled.
The Planning Commission considered the project on August 21 and voted 4-0, with one abstention, to recommend approval. Staff recommended the City Council adopt the Zone Change Ordinance and approve the Site Plan Review, Conditional Use Permit, Variance, and Lot Merger for the new YMCA facility.
Mayor Pro Tern Sosa asked if the lot at the northwest corner of Downey Ave. and Arnett St. is a parking lot. Principal Planner Hernandez confirmed it is used for extra parking.
Mayor Pro Tern Sosa asked about the construction timeline; Principal Planner Hernandez responded that groundbreaking is scheduled to take place October 2024 with completion expected in April 2026.
Mayor Trujillo asked City Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk Duarte confirmed no written public comments were received.
Mayor Trujillo asked City Clerk Duarte if there was anyone present who would like to comment regarding the Public Hearing item.
Edith Florence, resident, commented in support of the new YMCA facility.
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B.C., resident, commented in support of the new YMCA facility.
Speaker No. 3, no name provided, resident, commented in support of the new YMCA facility.
Having no further speakers, Mayor Trujillo closed public comment.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Ortiz, and so ordered by Mayor Trujillo, to close public comment at 7:39 p.m.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Ortiz, and carried a 3-0, with Council Member Frometa absent and Council Member Pemberton abstaining, to approve staff's recommended actions Nos. 1-3.
Council Member Pemberton returned to the dais at 7:40 p.m.
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 one written public comment was received in opposition of the agreement approval with The Downey Patriot for legal ad publications,17 written public comments were received in opposition of a cease fire resolution, and one written public comment was received in support of a cease fire resolution.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz, and carried 4- 0, with Council Member Frometa absent, 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.
Speaker No. 1, no name provided, commented in regards to Measure D and asked when a report and recommendation would be made available to the general public.
Ernesto Valle, resident, commented in opposition to Measure D.
B.C., resident, commented in opposition to Measure D.
John Lacey, resident, commented in regards to the upcoming General Municipal Election on November 5, 2024.
Lee Squire, resident, commented in regards to the September 11 Remembrance Ceremony.
Ron Bore, resident, commented in regards to the homelessness issue in Council District 2.
Juan Martinez, resident, commented in regards to the time allotted for public comment.
Joaquin Beltran, resident, commented in support of a cease fire resolution.
Rodolfo Cortez Barragan, non-resident, commented in support of a cease fire resolution.
It was moved by Council Member Ortiz, seconded by Council Member Pemberton, and so ordered by Mayor Trujillo, to close public comment.
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Regular Meeting — September 24, 2024 6
CONSENT CALENDAR
Item No. 9 was pulled by staff and will be brought back at a future Council Meeting.
Mayor Trujillo abstained from Item No. 15, due to owning property in the Downtown Downey area.
Mayor Pro Tern Sosa pulled Item No. 11, for separate discussion.
It was moved by Council Member Ortiz, seconded by Council Member Pemberton, and carried 4- 0, with Council Member Frometa absent, to approve the remainder of the Consent Calendar.
3. WARRANTS ISSUED: Warrant Nos. 381438 — 381873; Payroll Wire Nos. 30004498 & 30004501 — 30004503; EFT Nos. 13890 — 13925; and, Manual Wire Nos. 2581 — 2583, in the total amount of $3,352,701.63: Finance.
4. APPROVAL OF PLANS, SPECIFICATIONS, AND SOLICITATION FOR CONSTRUCTION BIDS FOR THE WOODRUFF AVENUE STREET IMPROVEMENT PROJECT, PHASE 2, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 14-14B: Public Works.
APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR
CONSTRUCTION BIDS FOR THE WOODRUFF AVENUE STREET IMPROVEMENT PROJECT, PHASE 2, CIP NO. 14-14B
5. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH BAS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR RIO SAN
GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT, CAPITAL IMPROVEMENT PROGRAM (CIP) NO. 23-31: Public Works.
1) APPROVED AMENDMENT NO. 1 TO THE AGREEMENT WITH TETRA TECH BAS, INC.
FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES FOR THE RIO SAN GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT CIP NO. 23-31;
2) AUTHORIZED AN APPROPRIATION IN THE AMOUNT OF $179,360 FROM THE GENERAL FUND — FUND BALANCE TO THE CAPITAL IMPROVEMENT PROJECT FUND, CIP NO. 23-31 RIO SAN GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT; AND,
3) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY AND ALL
AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY
6. ACCEPTANCE OF WORK FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-27: Public Works. 1) ACCEPTED THE WORK FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CIP NO. 24-27;
2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $647,000; AND, 3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE
OF COMPLETION
7. APPROVAL OF PURCHASE AND INSTALLATION OF POLICE EMERGENCY LIGHTING,
COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR POLICE VEHICLES: Police.
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Regular Meeting — September 24, 2024 7
1) APPROVED THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY LIGHTING,
COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR 12 DODGE DURANGOS AT AN AMOUNT OF $532,691 THROUGH COMMLINE INC.; AND,
2) APPROVED THE APPROPRIATION OF $532,691 FROM THE MEASURE S EQUIPMENT
AND CAPITAL IMPROVEMENT FUND FOR THE PURCHASE AND INSTALLATION OF
POLICE EMERGENCY LIGHTING, COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR 12 PREVIOUSLY PURCHASED DODGE
DURANGOS
APPROVAL OF PURCHASE OF WATER METERS AND RADIO EQUIPMENT FOR PUBLIC WORKS UTILITIES OPERATIONS: Public Works.
APPROVED A PURCHASE ORDER WITH AQUAMETRIC SALES COMPANY, INC. FOR
WATER METERS AND ASSOCIATED RADIO EQUIPMENT FOR A TOTAL AMOUNT OF $427,924
9. APPROVAL OF PROCUREMENT OF MERIDIAN BARRIERS FOR USE IN DOWNTOWN STREET CLOSURES: Public Works.
THAT THE CITY COUNCIL:
APPROVED THE PURCHASE OF MOVABLE MERIDIAN BARRIERS FOR ENHANCED
SAFETY AND FLEXIBILITY IN TRAFFIC CONTROL
10. APPROVAL OF A CONTRACT WITH F.M. THOMAS AIR CONDITIONING, INC. FOR THE
REPLACEMENT OF THE HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT THE POLICE DEPARTMENT FACILITY: Public Works.
1) APPROVED A PUBLIC WORKS CONTRACT AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC. IN THE AMOUNT OF $1,769,205 FOR THE REPLACEMENT OF THE HVAC SYSTEM AT THE POLICE DEPARTMENT FACILITY; AND
2) AUTHORIZED AN APPROPRIATION IN THE AMOUNT OF $1,900,000 FROM MEASURE S
FUNDS TO THE HVAC IMPROVEMENTS AT THE POLICE FACILITY PROJECT
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES: Public Works. 1) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST IN THE AMOUNT OF $90,300 ANNUALLY FOR TWO YEARS COMMENCING OCTOBER 1, 2024,
WITH AN OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES;
2) AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE
AGREEMENT
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY PATRIOT FOR PUBLICATION OF LEGAL NOTICES: City Clerk.
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Regular Meeting — September 24, 2024 8
APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY PATRIOT IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE PUBLICATION OF LEGAL NOTICES THROUGH JUNE 30, 2025
13. ADOPTION OF RESOLUTION APPROVING APPOINTMENT TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 1: City Clerk.
ADOPTED RESOLUTION NO. 24-8271, APPROVING THE APPOINTMENT OF OSCAR CISCO
TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 1
14. RECEIVE AND FILE THE 2024 LOCAL AGENCY BIENNIAL NOTICE IDENTIFYING REQUIRED AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST CODE: City Clerk/City Attorney.
RECEIVED AND FILED THE 2024 LOCAL AGENCY BIENNIAL NOTICE ADVISING THAT THE
CITY'S CONFLICT OF INTEREST CODE REQUIRES AMENDMENTS TO BE APPROVED BY
THE CITY COUNCIL
15. APPROVAL OF STREET CLOSURE REQUEST FOR THE CITY OF DOWNEY'S 11T" ANNUAL DIA DE LOS MUERTOS ART FESTIVAL: Parks and Recreation.
APPROVED THE FOLLOWING STREET CLOSURES FOR THE CITY OF DOWNEY'S 11T"
ANNUAL DIA DE LOS MUERTOS ART FESTIVAL SCHEDULED FOR SUNDAY, OCTOBER 27, 2024.
• BROOKSHIRE AVENUE AT 2ND STREET
• CIVIC CENTER DRIVE AT 3RD STREET
OTHER BUSINESS
11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES: Public Works. 1) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST IN THE AMOUNT OF $90,300 ANNUALLY FOR TWO YEARS COMMENCING OCTOBER 1, 2024,
WITH AN OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES;
2) AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND,
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE
AGREEMENT
Director of Public Works Matthew Baumgardner provided a reported for Item No. 11. He reported that the bus stop cleaning contract was nearing expiration and an RFP was issued through Planet Bid.
Eleven proposals were received and reviewed by a staff committee. The scope of services includes weekly cleaning of 157 bus stops, trash removal, graffiti and sticker removal, and monthly pressure washing and steam cleaning. Seventy-two high -use stops will receive additional cleanings. The evaluation considered proposer experience, qualifications of key personnel, understanding of the work, staffing availability, necessary equipment, references, and proposed fees. The top five firms met qualifications, with pricing being the main distinction. Jonco West submitted the lowest bid, scored highly in all categories, and staff determined the bid to be reasonable for the scope of services.
Mayor Pro Tem Sosa noted the wide range of bids, from $90,000 to over $1 million, and asked if there had been clear instructions in the RFP process. Director Baumgardner responded that one bidder City Council Minutes
Regular Meeting — September 24, 2024 9
likely made a math error, but the other ten proposals were within a reasonable range. He explained that wide bid ranges are typical, citing a parking structure painting project that received bids from $60,000 to $600,000, with the lowest qualified bidder awarded the contract. He confirmed that $90,000 annually is sufficient to cover the bus stop cleaning services.
Mayor Pro Tern Sosa confirmed that the current provider's services have been satisfactory and emphasized the importance of clean bus stops for residents who rely on public transportation. He asked if the selected firm had proper licensing and experience. Director Baumgardner responded that the firm holds the required D38 license, has experience with other Southern California cities including Santa Barbara and Pasadena, and received positive references. He added that they have the necessary equipment and are familiar with traffic control procedures.
Council Member Ortiz asked how long the City has used the current provider and whether there have been any complaints. Director Baumgardner responded that the provider has been under contract since 2014 and staff has not received complaints. Council Member Ortiz noted the provider was ranked fourth and asked if the change was based on cost. Director Baumgardner explained that the top five firms were all qualified, and with comparable experience, staff recommended the lowest bidder to save approximately $50,000 annually.
Council Member Ortiz asked if the firm provides bus stop cleaning services in other cities. Director Baumgardner confirmed they have performed bus stop cleaning, pressure washing, and general sidewalk cleaning. He added that they are also the City's current janitorial service provider.
Mayor Trujillo stated that a Google search showed two lawsuits involving Jonco West, including a 2024 class action labor dispute, and asked if staff had reviewed this in their due diligence. Director Baumgardner responded that staff typically checks for such issues but did not identify them in this case.
Mayor Trujillo expressed concern that the company's website emphasizes janitorial services with unclear experience in bus stop cleaning, and while they were the lowest bidder at $90,000, he shared concern about the recommendation.
Council Member Pemberton noted that the City's current provider has served for 10 years and supported the decision to seek competitive bids. She acknowledged that while the current vendor ranked fourth, the lowest bidder offered savings of $50,000, which could be used in other areas. She stated that Public Works had researched the company, found them to be a good vendor with a comprehensive proposal, and expressed support for following staffs recommendation to award the contract to the lower - cost provider.
Assistant City Manager Vaniah De Rojas noted that other proposers also appear to have pending lawsuits and offered to research all firms for the City Council. She reminded the Council that the current contract expires at the end of the month.
Director Baumgardner confirmed this and stated that staff would extend services with NES on a month -to -month basis until a determination is made.
Mayor Trujillo asked about the company's experience, noting it was not shown on their website, and requested clarification on which cities they serviced for bus stop cleaning. Director Baumgardner confirmed the experience was detailed in their RFP and that the firm services Santa Barbara and Pasadena. Mayor Trujillo asked about the requirement for a valid contractor's license and the status of that license. Director Baumgardner confirmed a license is required but did not have the number available.
Mayor Trujillo expressed concern about the company, questioned whether to make a motion rejecting staff's recommendation, and asked about procedure. City Attorney Funk responded that the staff recommendation is reflected in the agenda memo, but the Council has the authority to make a different motion if desired.
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Council Member Pemberton suggested that contracts nearing expiration be presented to the City Council 30 to 60 days in advance. She expressed concern that the current contract is set to expire within a week, leaving little time for review or discussion, and stated that earlier presentation would allow both Council and staff adequate time to address questions or concerns.
Assistant City Manager De Rojas stated that staff can work out a month -to -month extension with the current vendor while additional information requested by the Council is gathered and brought back for review.
Mayor Pro Tem Sosa stated he pulled the item due to concerns with the bid numbers and suggested that staff return with additional information, including references and compliance history from other cities, as well as details on lawsuits. He added that a temporary agreement may be needed since the current contract expires on September 30. Assistant City Manager De Rojas confirmed staff could pursue a temporary agreement and clarified that Council direction would determine whether to review the top four or five vendors, with Director Baumgardner having noted the top five were closely ranked.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Pemberton and carried a 4-0, with Council Member Frometa absent, to have staff return with additional information with respect to the top five vendors regarding any pending lawsuits, the proper licensing credentials and to request a temporary extension with the current vendor for services.
ADMINISTRATIVE REPORTS
12. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 1 ("DISORDERLY CONDUCT, ETC.") OF ARTICLE IV ("PUBLIC WELFARE, MORALS, AND POLICY") AND CHAPTER 1 ("PUBLIC PARKS") OF ARTICLE X ("PARKS, PLAYGROUNDS, AND RECREATION") OF THE
DOWNEY MUNICIPAL CODE RELATED TO LOITERING, CAMPING, AND OBSTRUCTIONS OF PUBLIC RIGHTS -OF -WAY: City Attorney/City Prosecutor.
INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 1 ("DISORDERLY CONDUCT, ETC.") OF ARTICLE IV ("PUBLIC WELFARE, MORALS, AND POLICY") AND CHAPTER 1 ("PUBLIC PARKS") OF ARTICLE X ("PARKS, PLAYGROUNDS, AND RECREATION") OF THE DOWNEY MUNICIPAL CODE
RELATED TO LOITERING, CAMPING, AND OBSTRUCTIONS OF PUBLIC RIGHTS -OF -WAY City Prosecutor James Eckart presented the staff report for Item No. 12, a proposed Ordinance addressing camping and encroachments on public rights -of -way, explaining that the intent is to protect public access to sidewalks, streets, parks, facilities, and transit areas for all members of the community.
He noted that while the City of Downey has long had ordinances prohibiting camping and encroachments, enforcement was significantly limited by prior Ninth Circuit Court of Appeals rulings in Martin v. City of Boise and Johnson v. City of Grants Pass, which found such enforcement unconstitutional under the Eighth Amendment when applied to unhoused individuals. However, the United States Supreme Court's 2024 decision overturning Johnson v. City of Grants Pass and effectively Martin v. City of Boise restored cities' authority to enforce these regulations. City Prosecutor Eckart also cited Governor Newsom's July 2024 Executive Order encouraging State and local agencies to clear encampments, particularly those posing health and safety risks. The proposed Ordinance updates Downey's Municipal Code to align with these legal changes by clarifying and expanding key definitions, such as public property, camping, encampments, and abandoned or stored property. It explicitly prohibits camping, sleeping, or storing personal property on public property when it obstructs access, while maintaining limited exceptions for permitted youth camping events in parks. He emphasized that the Ordinance aims to balance public safety and accessibility with compassion, noting that enforcement will coincide with continued outreach and services for unhoused individuals. The City recently extended its partnership with Kingdom Causes for homeless outreach and is recruiting a Homeless Services Manager to coordinate these efforts. City Prosecutor Eckart concluded by stating that the Ordinance provides essential tools for law enforcement, City Council Minutes
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code enforcement, and City staff to maintain safe, accessible public spaces while upholding the City's commitment to supportive services.
It was moved by Mayor Pro Tern Sosa, seconded by Council Member Ortiz and carried a 4-0, with Council Member Frometa absent, to introduce an Ordinance Amending Chapter 1 ("Disorderly Conduct, Etc.") of Article IV ("Public Welfare, Morals, and Policy") and Chapter 1 ("Public Parks") of Article X ("Parks, Playgrounds, and Recreation") of the Downey Municipal Code Related to Loitering, Camping, and Obstructions of Public Rights -of -Way.
13. DISCUSSION REGARDING HOSTING A VIETNAM VETERANS MEMORIAL REPLICA:
Administration.
PROVIDED STAFF DIRECTION REGARDING HOSTING A VIETNAM VETERANS MEMORIAL REPLICA.
Management Analyst Ruby Picon presented the staff report for Item No. 13. She presented options for hosting a Vietnam Veterans Memorial replica in Downey, following the City Council's request at the May 20, 2024 Council meeting. She explained that staff contacted four organizations regarding logistics, availability, and costs. The Antelope Valley Mobile Vietnam Memorial Wall, operated by Point Man Antelope Valley Ministry, is a half -scale replica that has traveled throughout Southern California, including Pico Rivera earlier this year. It has already been reserved for Memorial Day and Veterans Day 2025 and will be retired afterward, leaving no other dates available. The Wall That Heals, operated by the Vietnam Veterans Memorial Fund, consists of a three-quarter scale replica and a mobile education center. It is displayed 24 hours a day during its four -day exhibit, has a site fee of $12,000, and does not allow merchandise sales. The application deadline for 2025 was September 30, 2024, and availability for that year remains pending as applications are still under review. America's Freedom Tribute, operated by the American Veterans Traveling Tribute, offers two display options: an 80 percent outdoor replica with a site fee of $11,250, or double -sided walls for indoor or outdoor use at a site fee of $9,250. The organization requires hotel accommodations for staff and permits merchandise sales and donation boxes, with an additional $2,000 fee if merchandise sales are not allowed. Both replicas are available for Vietnam War Veterans Day in March 2025 and for Veterans Day 2025, but Memorial Day has already been reserved by other agencies. Lastly, the Vietnam Traveling Wall, operated by the Vietnam and All Veterans of Brevard, does not travel to the western United States and is not available to Downey. Staff confirmed with the Parks and Recreation Department that any of the three available walls could be hosted at City parks, noting that Furman Park would be available for Veterans Day 2025, while Discovery Park would be available for Vietnam War Veterans Day in March 2025 and Memorial Day 2025.
Council Member Pemberton thanked residents Mr. Squire and Mr. Heyman for their advocacy on behalf of veterans and emphasized the importance of preserving military history for younger generations.
She recalled visiting the Antelope Valley Mobile Vietnam Wall in Pico Rivera, describing it as large, impressive, and a powerful community experience that involved 50 to 100 volunteers. She highlighted the value of bringing together service clubs, schools, veterans, and families for an entire weekend of remembrance rather than a short ceremony. Council Member Pemberton expressed support for hosting The Wall That Heals, noting its scale and seven -and -a -half -foot height, as well as its mobile education center that would help engage youth and preserve the legacy of past wars. She recommended Furman Park as the most suitable location due to its central placement and high visibility, which would attract more residents and visitors, and concluded that the event could serve as a unifying and healing experience for the community.
Council Member Pemberton asked where the Vietnam Veterans Memorial replica could be placed at Furman Park. Parks and Recreation Director Jason Chacon responded that placement would depend on the time of year, noting that the Park would be shut down entirely for the event, as was done in Pico Rivera and Baldwin Park. At Furman Park, the display would likely be set up in the middle section near Rives, beyond the main shelter, with baseball fields closed to allow space for the trailer and the wall. He City Council Minutes
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added that if the event were scheduled in March, Discovery Park would be a better option due to larger parking capacity and available fields.
Council Member Ortiz asked about the cost difference for the American Traveling Tribute, noting the site fee was listed as $9,250 but the total for the City appeared higher. Management Analyst Picon explained that the $9,250 is the base fee, with an additional $450 required for hotel accommodations, and an extra $2,000 if merchandise sales are not permitted, bringing the total to $11,700 if both added costs apply.
Council Member Ortiz asked how long the American Traveling Tribute would remain on display and whether the cost would change. Management Analyst Picon responded that the organization recommends a minimum of two days due to the work involved in setup and takedown, but the duration is up to the City's discretion, and the cost remains the same regardless of length.
Council Member Pemberton asked which fund would cover the cost of hosting the Vietnam Veterans Memorial replica. Assistant City Manager De Rojas explained that if the event were scheduled for Veterans Day 2025, it would be incorporated into the budget process. If the City pursued Vietnam War Veterans Day or Memorial Day instead, the item would return to Council for approval once a contract was in place. She added that the application deadline is September 30, requiring three potential dates to be submitted, after which the organization would confirm availability and the City could appropriate funds.
Council Member Pemberton recommended applying for The Wall That Heals, noting that the location could be determined later once dates are confirmed. She emphasized that a three-day weekend event would be more meaningful than a short ceremony and would provide a fitting way to honor veterans.
Mayor Pro Tern Sosa asked if The Wall That Heals would be displayed Thursday through Sunday and whether security would be provided. Management Analyst Picon confirmed the wall must be displayed from Thursday through Sunday and explained that the City would be responsible for security, either through volunteers or contracted services.
It was moved by Council Member Pemberton, seconded by Council Member Ortiz and carried a 4-0, with Council Member Frometa absent, to submit an application with The Wall that Heals, and once approved, staff may select a date that best aligns with the availibity of the City's fields and scheduled activities.
ADJOURNMENT
Mayor Trujillo adjourned the Regular City Council Meeting — Open Session at 8:49 p.m. in memory of Army Private First -Class Matthew Perez, 20, of Whittier, California, assigned to the 31d Brigade Combat Team, 82"d Airborne Division, who succumbed to his injuries sustained during a training accident at Joint Readiness Training Center in Fort Johnson, Louisiana.
AR ALICIA DUART , C C
City Clerk
City Council Minutes
Regular Meeting — September 24, 2024
HECTOR SOSA
Mayor
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