1 CITY COUNCIL
MAYOR
MARIO TRUJILLO
MAYOR PRO TEM
HECTOR SOSA
COUNCIL MEMBERS
CLAUDIA M. FROMETA
HORACIO ORTIZ
DOROTHY PEMBERTON
Notice regarding Public Comment: In order to ensure that limited English proficiency speakers receive the same opportunity to directly address the City Council, the City of Downey will continue to follow Government Code Section 54954.3(b)(2) and provide limited English proficiency speakers double the allotted time to make their public comments utilizing a translator during public meetings of the City Council. All other speakers will be given the allotted 3-minute speaking time for public hearing and closed session items, and one 3-minute speaking time for agenda, consent calendar and non-agenda items established by the Downey Municipal Code. To request oral language interpretation at a City Council meeting contact the City Clerk's Office at (562) 904 -7280, 48-hours in advance of the meeting.
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING – CLOSED SESSION - 4:30 P.M.
ROLL CALL: Council Members Frometa, Ortiz, Pemberton, Mayor Pro Tem Sosa, Mayor Trujillo
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on any item on the Closed Session Agenda items may do so at this time. Please limit your comments to no more than three (3) minutes).
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
1. Government Code Section 54956.95 - Liability Claim: Worker’s Compensation Claim – Claimant:
Michael Larnard – Claim No.: 23-173526; Worker’s Compensation Appeals Board No.:
ADJ18488100; Agency claimed against: City of Downey.
2. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Government Code sections 54956.9(d)(2) and (e)(3). Attached letter from Andrew Sarega dated October 3, 2024, also available for public inspection at the City Clerk’s Office at 11111 Brookshire Avenue during normal City business hours.
3. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title: City Manager.
4. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title: City Clerk.
ADJOURNMENT
NOVEMBER 12, 2024
CITY COUNCIL MEETING
Special Meeting
4:30 p.m. – Closed Session
Regular Meeting
6:30 p.m. – Open Session
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
2 CALL TO ORDER THE REGULAR CITY COUNCIL MEETING – OPEN SESSION - 6:30 P.M.
ROLL CALL: Council Members Frometa, Ortiz, Pemberton, Mayor Pro Tem Sosa, Mayor Trujillo
INVOCATION: Tanya Lopez, Pastor, Downey Memorial Church
FLAG SALUTE: Boy Scout Troop 441
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGEND A ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Mayor’s Excellence Award to Reggie Donahue, retired, Downey Unified School District Teacher.
2. Mayor’s Excellence Award to the Downey Historical Society.
3. Mayor’s Excellence Award to The Downey Conservancy.
4. Presentation of City Tile to retiring employee with 24 years of service, Dan Hurlock, Fire Chief.
5. Certificate of Recognition to True Lasting Connections Family Resource Center (TLC) on the occasion of their 25th Anniversary.
6. Presentation to the City Council by SEAACA.
PUBLIC HEARINGS
1. REQUEST TO AMEND ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO REGULATE THE LOCATION OF BUSINESSES THAT SELL TOBACCO AND TOBACCO PRODUCTS: Community Development.
THAT THE CITY COUNCIL:
INTRODUCE AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT (PLN-24-00159) TO SECTIONS 9128, 9158, 9160 AND 9314.04 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ESTABLISH A NEW USE OF TOBACCO RETAILERS.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS This portion provides an opportunity for the public to address the City Council on agenda, consent calendar and items not lis ted on the agenda within the jurisdiction of the City Council. It is requested, but not required, that you state your name, address and subject matter upon which you wish to speak. Please limit your comments to no more than three (3) minutes. The total public comment period is limited to 30 minutes. Pursuant to the Brown Act, no discussion or action, other than a brief response, referral to the City Manager/staff or schedule for a subsequent agenda, shall be taken by the City Council/Agency on any issue brought forth under this section.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a City Council Member requests an item be removed. Removed items will be considered following approval of the Consent Calendar.
2. WARRANTS ISSUED: Warrant Nos. 382731-383318; Payroll Wire Nos. 30004514-30004517, and 30004519-30004521; EFT Nos. 14009-14080; and, Manual Wire Nos. 2592-2607, in the total amount of $10,712,618.08: Finance.
3 3. ACCEPTANCE OF WORK FOR THE LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS, CAPITAL IMPROVEMENT PROJECT NO. 20-36A: Public Works.
THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE LAKEWOOD BOULEVARD TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS PROJECT, CIP NO. 20-36A;
2) APPROVE SELECT ELECTRIC, INCORPORATED’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,217,072;
3) APPROVE CHANGE ORDER IN THE AMOUNT OF $66,527;
4) APPROVE A BUDGET TRANSFER OF $130,123 IN MEASURE R FUNDS FROM ACCOUNT NO. 56-1-6790 TO ACCOUNT NO. 56-1-6791; AND,
5) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE PROJECT.
4. APPROVAL OF AN AGREEMENT WITH SDI PRESENCE LLC FOR PROVISION OF
CONSULTING SERVICES FOR ENTERPRISE RESOURCE PLANNING SYSTEM PROJECT PLANNING, VENDOR SELECTION, AND IMPLEMENTATION MANAGEMENT: Finance.
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH SDI PRESENCE LLC FOR
ERP REPLACEMENT CONSULTING SERVICES FOR A ONE-YEAR TERM BEGINNING ON NOVEMBER 12, 2024 AT AN AMOUNT OF $129,065 WITH THE OPTIONAL EXTENDED TERM OF THREE YEARS FOR A TOTAL CONTRACT AMOUNT OF $868,505; AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY CHANGE
ORDERS OR AMENDMENTS TO THE AGREEMENT UP TO THE AUTHORIZED BUDGET AMOUNT OF $868,505.
5. APPROVAL OF THE SEVENTH AMENDMENT TO GROUND LEASE WITH INDUSTRIAL REALTY GROUP, LLC.: Economic Development.
THAT THE CITY COUNCIL:
AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE SEVENTH AMENDMENT TO THE GROUND LEASE WITH INDUSTRIAL REALTY GROUP, LLC.
6. APPROVAL OF CHECK POINT FIREWALL SUBSCRIPTION AND HARDWARE UPGRADE:
Administration.
THAT THE CITY COUNCIL:
AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT WITH CHECK POINT SOFTWARE TECHNOLOGIES LTD. OF $635,000 FOR A THREE-YEAR TERM.
7. APPROVAL OF ARTIC WOLF CYBER SECURITY SUBSCRIPTION RENEWAL: Administration.
THAT THE CITY COUNCIL:
4 AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE RENEWAL
CONTRACT FOR A ONE-YEAR TERM WITH ARCTIC WOLF CYBER SECURITY SERVICES SUBSCRIPTION THROUGH CDW-G (A RESELLER) FOR $80,657.
8. ADOPTION OF A RESOLUTION DISSOLVING THE URBAN FOREST MANAGEMENT PLAN WORKGROUP: Administration.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8275, DISSOLVING THE URBAN FOREST MANAGEMENT PLAN WORKGROUP.
9. FISCAL YEAR 2024-2025 FIRST QUARTER BUDGET REPORT AND ADJUSTMENTS: Finance.
THAT THE CITY COUNCIL:
1) RECEIVE AND FILE THE FY 2023-24 FIRST QUARTER BUDGET REPORT; AND,
2) ADOPT RESOLUTION NO. 24-8276, AMENDING THE FY 2024-2025 ADOPTED BUDGET.
10. INTRODUCTION OF AN ORDINANCE DISSOLVING THE GREEN TASK FORCE AND CONSOLIDATING DUTIES INTO THE PUBLIC WORKS COMMITTEE: Administration.
THAT THE CITY COUNCIL:
INTRODUCE AN ORDINANCE REPEALING PART 8 (GREEN TASK FORCE) OF CHAPTER 4 (DEPARTMENTS, BOARDS AND COMMISSIONS OF THE CITY) OF ARTICLE II OF THE DOWNEY MUNICIPAL CODE, DELETING SECTION 2959.01 OF THE DOWNEY MUNICIPAL
CODE, AND CONSOLIDATING DUTIES OF THE GREEN TASK FORCE INTO THE PUBLIC WORKS COMMITTEE.
11. APPROVAL OF A STREET CLOSURE APPLICATION REQUEST BY THE DOWNEY CHAMBER OF COMMERCE FOR THE 73RD ANNUAL DOWNEY CHRISTMAS PARADE & WINTER WONDERLAND EVENT: Administration.
THAT THE CITY COUNCIL:
APPROVE THE STREET CLOSURE PERMIT FOR CLOSURES ON SUNDAY, DECEMBER 1, 2024, FROM 8:00 A.M. TO 6:00 P.M. TO ACCOMMODATE THE 73RD ANNUAL DOWNEY CHRISTMAS PARADE AND WINTER WONDERLAND EVENT.
ADMINISTRATIVE REPORTS
12. FISCAL YEAR 2024-2025 FIRST QUARTER PROGRESS REPORT OF THE DOWNEY FORWARD - 2030 STRATEGIC PLAN: Administration.
THAT THE CITY COUNCIL:
RECEIVE AND FILE THE DOWNEY FORWARD, 2030 STRATEGIC PLAN FIRST QUARTER PROGRESS REPORT FOR FISCAL YEAR 2024-2025.
13. RESOLUTION OF INTENTION TO TRANSITION TO EITHER A FIVE DISTRICT ELECTION SYSTEM OR A FOUR DISTRICT ELECTION SYSTEM WITH AN AT-LARGE ELECTED MAYOR:
City Clerk/City Attorney.
5 THAT THE CITY COUNCIL:
CONSIDER WHETHER TO ADOPT A RESOLUTION DECLARING THE CITY’S INTENT TO
TRANSITION FROM THE CURRENT ELECTION SYSTEM CONSISTING OF FOUR
INDIVIDUAL DISTRICTS AND ONE AT-LARGE DISTRICT TO AN ELECTION SYSTEM
CONSISTING OF EITHER FIVE INDIVIDUAL DISTRICTS OR FOUR DISTRICTS PLUS AN AT-
LARGE MAYORAL DISTRICT, IN FURTHERANCE OF THE CALIFORNIA VOTING RIGHTS ACT.
14. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RMI INTERNATIONAL INC. FOR ADDITIONAL PATROL OF CITY PARKS: Parks and Recreation.
THAT THE CITY COUNCIL:
1) APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RMI INTERNATIONAL, INC, IN THE AMOUNT OF $268,596 FOR A 12-MONTH TERM, FOR ADDITIONAL PATROL OF CITY PARKS; AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY.
ADJOURNMENT
Supporting documents are available at: City Hall-City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m. Video streaming of the meeting is available on the City’s website. In compliance with the Americans with Disabilities Act (ADA), if special assistance is needed to participate in this meeting, complete the City’s Title II ADA Reasonable Accommodation Form located on the City’s website and at City Hall - City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m., and submit to the City Clerk’s Department or contact (562) 904-7280 or TTY 7-1-1, 48 business hours prior to the City Council meeting.
The City of Downey prohibits discrimination on the basis of disability in any of its program and services. For questions, concerns, complaints, or for additional information regarding the ADA, contact the City’s ADA/Section 504 Coordinator at [email protected]: Phone: (562) 299-6619; or TTY at 7-1-1.
In compliance with Title VI of the Civil Rights Act, the City of Downey prohibits discrimination of any person in any of its program and services. If written language translation of City agendas or minutes, or for oral language interpretation at a City meeting is needed, contact the City Clerk's Office at (562) 904-7280, or (562) 299-6619, 48 business hours prior to the meeting.
En cumplimiento con el Título VI de la Ley de Derechos Civiles, la Ciudad de Downey prohíbe la discriminación de cualquier persona en todos sus programas y servicios. En caso de necesitar una traducción escrita de las órdenes del día o las actas de las reuniones de la ciudad, o para solicitar un intérprete oral para una reunión de la ciudad, comuníquese a la oficina de la secretaria de la Ciudad al (562) 904-7280, o al (562) 299-6619, en el horario de atención comercial, 48 horas antes de la reunión.
I, Maria Alicia Duarte, CMC, City Clerk, City of Downey, do hereby certify, under penalty of perjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Code Section 54950 Et.
Seq., at the following locations: Downey City Hall, Downey City Library, and Barbara J. Riley Community and Senior Center.
Dated this 7th day of November, 2024. Maria Alicia Duarte, CMC, City Clerk
6 To view the livestream of the Regular Meetings at 4:30 p.m. and 6:30 p.m.:
Zoom Teleconference: (888) 788-0099 or (877) 853-5247
Meeting ID: 842 8892 3601
Link: https://us06web.zoom.us/j/84288923601
YouTube: https://www.youtube.com/c/DowneyCityCouncilMeetings
Members of the public wishing to submit written public comment can do so by sending an email to [email protected] or by submitting their written comments to the City Clerk’s Office in person no later than 2:00 p.m. on the day of the meeting.
To view the recording of the City Council Meeting at a later time:
https://www.youtube.com/@cityofdowneycouncilmeetings/streams
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SAREGA LAW, APC
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2211 E Orangewood Ave #488
Anaheim, CA 928o6
October 3, 2024
VIA EMAIL
Mario Trujillo, Mayor
City of Downey
11111 Brookshire Ave
Downey, CA 90241
RE: VIOLATION OF CALIFORNIA VOTING RIGHTS ACT
Dear Mayor Trujillo,
I have received complaints from voters in the City of Downey (“City”) regarding the system of election employed by the City. The City currently utilizes a mixed election system that includes by-district and at-large elections. The City attempts to claim it employs a by-district election system. but in reality it does not. Presumably the intent was to give the appearance that the City was complying with the CVRA; however, in reality, the City does not have a legal by-district election system. The current system of election is a violation of the California Voting Rights Act (“CVRA”) and the Voting Rights Act of 1965 (“FVRA”).
Under the CVRA, Election Code § 10010(d)(2) and § 14026(b) define "district-based elections as “electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.” The CVRA requires that districts be a “divisible part of the political subdivision” meaning that each district must be a part that makes up the whole. District 5 in the City of Downey does not meet this criteria as it is not a divisible part of the political subdivision because it encompasses the entire political subdivision.
The City municipal code under Article II, Chapter 2, § 2103(a) states that council members shall be elected by districts pursuant to provisions of Government Code § 34870. Government Code § 34870 states that it applies to only cities. but the following section. § 34871 holds that if cities conduct by-district elections, those districts for council members must be either five, seven or nine districts. Only if there is an elective mayor, having the meaning of a directly elected mayor and not rotation as is the current practice in the City, can there be four, six, or eight districts. By not having an election system by which the mayor is directly elected, the City of Downey cannot create an at-large district for a council member as it would not comply with the requirement that there be five. seven. or nine districts that are a divisible part of the political subdivision.
Phone: (714) 93l-8386 Email: [email protected] wv\'w.saregalaw.com
SAREGA LAW, APC
2211 E Orangewood Ave #488
Anaheim, CA 928o6
California considers election systems that have an at-large mayor and separate council districts to be by-district elections. The position of mayor is distinct from the position of council members not just in title, but distinct in its duties, obligations, and powers.
California Election Code § 2 162 1 (a), which applies to charter cities, states that cities using district- based elections shall adopt boundaries for “all” council districts that are substantially equal in population. Here again. the City has created a council member district, District 5. that is not equal in population to the other districts and certainly does not fall within the allowable deviation.
The FVRA requires that all districts in a by-district election system be of equal population. Here, the City of Downey has four districts that are within the 10% deviation allowed under the FVRA, but has created a fifth district that is outside of that deviation by including the entire population of the city, thus being of much greater population than the other four districts.
In summary, the current election system adopted by the City is not in compliance with the CVRA nor the FVRA. We therefore demand that the City covert its mixed election system to a district- based election system. Under the authority of Government Code § 34886, the City Council can effectuate that conversion by passage of a resolution, and we demand that it do so without delay.
We request your response to this demand by October 18, 2024. In the absence of a satisfactory response, my client will be forced to seek judicial relief in the form of an action to obtain an order converting the election system from mixed to by-district, together with other relief provided for in the CVRA, including an award of litigation and expert witness costs, and attorneys' fees. The City can avoid the imposition of a judicially-mandated plan, including districts maps designed or approved by the Court, by taking appropriate action without the filing of litigation.
We look forward to your response.
Sincerely,
I
Andrew Safega
Sarega Law, APC
CC:Roger Bradly, City Manager (via email)
Maria Alicia Durate, City Clerk (via email)
Phone: (714) 93l-8386 Email: [email protected] www.saregalaw.com