1 CITY COUNCIL
MAYOR
HECTOR SOSA
MAYOR PRO TEM
DOROTHY PEMBERTON
COUNCIL MEMBERS
CLAUDIA M. FROMETA
HORACIO ORTIZ
MARIO TRUJILLO
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 REGULAR CITY COUNCIL MEETING – CLOSED SESSION - 5:30 P.M.
ROLL CALL: Council Members Frometa, Ortiz, Trujillo, Mayor Pro Tem Pemberton, Mayor Sosa
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: Agustin Andrade v. City of Downey, Worker’s Compensation Claim No.: 19-141306 and 23-172349; WCAB NO.: ADJ15714355; Agency claimed against: City of Downey.
2. Government Code Section 54956.95 - Liability Claim: Mario Valles v. City of Downey, Worker’s Compensation Claim No.: 23-170433; WCAB NO.: ADJ17639442; Agency claimed against: City of Downey.
3. 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 Sarega Law, APC, dated October 3, 2024, also available for public inspection at the City Clerk’s Office at 11111 Brookshire Avenue during normal City business hours.
RECONVENE AND ANNOUNCE CLOSED SESSION ACTION
APRIL 8, 2025
CITY COUNCIL MEETING
Regular Meeting
5:30 p.m. – Closed Session
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, Trujillo, Mayor Pro Tem Pemberton, Mayor Sosa
INVOCATION: Pastor David Sarinara, Action Faith Church
FLAG SALUTE: Boy Scout Troop 2
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Mayor’s Outstanding Citizen Award to Stacey McCambridge Brabant.
2. Proclamation in honor of Fair Housing Month.
3. Proclamation in honor of Arbor Day.
PUBLIC HEARINGS
1. PUBLIC HEARING NO. 5 TO CONSIDER AND DISCUSS THE TRANSITION TO A FIVE DISTRICT
ELECTION SYSTEM, REVIEW DRAFT DISTRICT MAPS, AND IF MAP ADOPTION IS FINALIZED, INTRODUCE ORDINANCE AMENDING DOWNEY MUNICIPAL CODE SECTION 2103
REGARDING ELECTION BY FIVE DISTRICTS, DEFINING DISTRICT BOUNDARIES, AND
SCHEDULING ELECTIONS WITHIN THE DISTRICTS, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT: City Clerk/City Attorney.
THAT THE CITY COUNCIL:
1) HOLD THE FIFTH PUBLIC HEARING TO CONSIDER ANY PUBLIC INPUT AND TO
DISCUSS THE TRANSITION TO AN ELECTION SYSTEM CONSISTING OF FIVE INDIVIDUAL DISTRICTS;
2) CONDUCT FURTHER REVIEW OF DRAFT DISTRICT MAPS AND FINALIZE SELECTION
OF MAP FOR ADOPTION OR, ALTERNATIVELY, CONTINUE DISCUSSION AT A FURTHER PUBLIC HEARING; AND,
3) IF A MAP IS SELECTED, BASED ON THAT MAP, INTRODUCE AN ORDINANCE AMENDING DOWNEY MUNICIPAL CODE SECTION 2103 REGARDING ELECTION BY
FIVE DISTRICTS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT.
2. FISCAL YEAR 2024-2025 HUD ACTION PLAN SUBSTANTIAL AMENDMENT: Economic Development.
THAT THE CITY COUNCIL:
1) CONDUCT THE PUBLIC HEARING AND RECEIVE COMMENTS ON THE REVISED SUBSTANTIAL AMENDMENT TO THE FY 2024-25 ANNUAL ACTION PLAN FOR THE
USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, THEREBY
3 REALLOCATING $13,933 TO THE EXISTING SECTION 108 LOAN REPAYMENT ACTIVITY AND $17,567 TO THE HOUSING REHABILITATION PROGRAM, FOR A TOTAL REALLOCATED AMOUNT OF $31,500;
2) APPROVE THE PROPOSED 2024-2025 ANNUAL ACTION PLAN SUBSTANTIAL
AMENDMENT AND AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT THE PLAN AND ANY NECESSARY AMENDMENTS TO THE PLAN TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND,
3) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO MODIFY AND EXECUTE ANY
AND ALL APPROPRIATE INSTRUMENTS, AGREEMENTS, CONTRACTS, AND
IMPLEMENTING DOCUMENTS RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE SUBSTANTIAL AMENDMENT TO THE 2024-2025 ANNUAL
ACTION PLAN FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS.
3. SPECIFIC PLAN AMENDMENT OF THE LAKEWOOD/FIRESTONE SPECIFIC PLAN (SP 91-2) TO
ADD COMMERCIAL RECREATION AND MINOR COMMERCIAL RECREATION LAND USES AS CONDITIONALLY PERMITTED USES: Community Development.
THAT THE CITY COUNCIL:
INTRODUCE AN ORDINANCE APPROVING A SPECIFIC PLAN AMENDMENT TO THE
LAKEWOOD/FIRESTONE SPECIFIC PLAN TO ADD COMMERCIAL RECREATION AND MINOR COMMERCIAL RECREATION LAND USES WITHIN THE SPECIFIC PLAN AREA.
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 listed 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.
4. APPROVE MINUTES: Special Meeting of November 12, 2024: City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 387111-387517; Payroll Wire Nos. 30004558 and 30004562- 30004565; EFT Nos. 14449-14487; and, Manual Wire Nos. 2660-2664, in the total amount of is $3,943,680.73: Finance.
6. APPROVAL OF CONSTRUCTION CONTRACT FOR FURMAN PARK RECYCLED WATER MAIN
EXTENSION AND IRRIGATION SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-20: Public Works.
THAT THE CITY COUNCIL:
1) AWARD A CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $792,880 FOR THE CONSTRUCTION OF FURMAN PARK RECYCLED WATER MAIN EXTENSION AND IRRIGATION SYSTEM IMPROVEMENTS, CIP NO. 24-20; AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED
4 NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET OF $1,428,134.
7. APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION: Administration.
THAT THE CITY COUNCIL:
APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION FOR LEASING SPACE AT DOWNEY CITY HALL, FOR A PERIOD OF TWO (2) YEARS BEGINNING ON JULY 1, 2025.
8. EXTENSION OF AGREEMENT FOR UKG READY TIME, UKG READY ACCRUALS MANAGER,
UKG SCHEDULER AND UKG TELESTAFF SOFTWARE SOLUTION FOR WORKFORCE MANAGEMENT SOLUTIONS, INCLUDING TIMEKEEPING AND SCHEDULING MODULES:
Human Resources.
THAT THE CITY COUNCIL:
AUTHORIZE THE CITY MANAGER TO APPROVE A SEVEN-MONTH EXTENSION WITH UKG FOR UKG READY FOR A TERM BEGINNING ON MARCH 18, 2025 THROUGH SEPTEMBER 17, 2025, AND UKG TELESTAFF FOR A TERM BEGINNING APRIL 1, 2025 THROUGH AUGUST 31, 2025 FOR A TOTAL AMOUNT NOT TO EXCEED $43,690.
9. RESOLUTION EXPANDING THE DUTIES OF THE INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE TO INCLUDE OVERSIGHT OF MEASURE D REVENUES AND EXPENDITURES:
Administration.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 25-8294, EXPANDING THE DUTIES OF THE INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE TO INCLUDE OVERSIGHT OF MEASURE D REVENUES AND EXPENDITURES.
10. SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING A ZONING TEXT
AMENDMENT OF THE DOWNEY MUNICIPAL CODE REGULATING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONES: Community Development.
THAT THE CITY COUNCIL:
ADOPT ORDINANCE NO. 25-1523, APPROVING A ZONING TEXT AMENDMENT (PLN-25- 00014) TO SECTION 9414 AND 9706 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND SECTIONS WITHIN CHAPTER 1 OF ARTICLE IX CONTAINING DEFINITIONS.
11. RESOLUTION ORDERING PREPARATION OF AN ENGINEER’S REPORT FOR RENEWAL OF LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT NO. 121 FOR THE FISCAL YEAR 2025-2026: Public Works.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 25-8295, ORDERING PREPARATION OF THE ENGINEER’S REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE “LANDSCAPING AND LIGHTING ACT OF 1972” (STREETS & HIGHWAYS CODE SECTION 22500, ET, SEQ.), FOR
THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND PUBLIC FACILITY
LANDSCAPING, LIGHTING, TRAFFIC SIGNALS AND APPURTENANT WORK IN THE CITY
5 OF DOWNEY FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026.
ADMINISTRATIVE REPORTS
12. SALARY RANGE ADJUSTMENT FOR POSITION OF CITY ATTORNEY: Human Resources.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 25-8296, ESTABLISHING COMPENSATION FOR THE POSITION OF CITY ATTORNEY.
13. UPDATE ON RESIDENTIAL STREET LIGHT PROGRAM: Public Works.
THAT THE CITY COUNCIL:
1) RECEIVE AND FILE AN INFORMATIONAL UPDATE ON THE CITY’S RESIDENTIAL STREETLIGHT PILOT PROGRAM;
2) APPROVE THE USE OF SOLAR STREETLIGHTS ON RESIDENTIAL STREETS; AND,
3) AUTHORIZE STAFF TO MOVE FORWARD WITH THE COMPLETION OF THE FIRST
CYCLE OF THE PILOT PROGRAM AND BEGIN THE APPLICATION PROCESS TO ADD STREETLIGHTS THROUGH A FORMAL PETITION PROCESS.
ADJOURNMENT: In memory of the four United States Army Soldiers who passed away during a training accident in Lithuania: U.S. Army Sergeant Jose Duenez Jr., 25, of Joliet, Illinois, who served over seven years as an M1 Abrams tank system maintainer; U.S. Army Sergeant Edvin F. Franco, 25, of Glendale, California, who served over six years as an M1 Abrams tank system maintainer; U.S. Army Private First Class Dante D. Taitano, 21, of Dededo, Guam, who served nearly two years as an M1 Abrams tank system maintainer; U.S. Army Staff Sergeant Troy S. Knutson-Collins, 28, of Battle Creek, Michigan, who served over seven years as an artillery mechanic; Sergeant Grant J. Candies, 37, 9-year veteran of the St. Tammany Parish Sheriff’s Office, who passed away in the line of duty while assisting in a high-speed chase; and, Police Officer and U.S. Army Veteran Osmar Rodarte, 27, two-year veteran of the Marysville Police Department, who passed away while serving a search warrant.
FUTURE COUNCIL REQUESTED AGENDA ITEMS:
1. Measure D oversight policy (D. Pemberton) – April 8, 2025
2. Driveway expansion options for residents (H. Ortiz) – April 22, 2025
3. Additional EV charging station options (M. Trujillo) – May/June 2025
4. Work with County to address street conditions near Courthouse – (M. Trujillo) TBD
5. Explore options for waving City fees for Veterans (M. Trujillo) – TBD
6. Options for installing economical bus shelters or trees (D. Pemberton) – TBD
7. Options for improving the OLPH traffic island (M. Trujillo) – TBD
8. Options for limiting live music at residential properties (D. Pemberton) – TBD
9. Reimbursement options for outside meetings/conferences (M. Trujillo) – TBD
10. Research need for more trash cans on major thoroughfares (M. Trujillo) – TBD
11. Issue RFP for company to promote City for filming (M. Trujillo) – TBD
12. Research installing license plate readers at/near Golden Park (H. Ortiz) – TBD
13. Conduct crime analysis at Golder Park (H. Ortiz) – TBD
14. Research adding security at Golden Park (H. Ortiz) – TBD
15. Grammar school arches preservation update (M. Trujillo) – TBD
16. Create a campaign that crime is prosecuted in Downey (C. Frometa) – TBD
17. Research signage and ceremony for Rolling Green Estates (H. Sosa) – TBD
6 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 3rd day of April, 2025. Maria Alicia Duarte, CMC, City Clerk
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.
Note: All written public comments received shall become public record as defined under the California Public Records Act.
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
Fi
r
2211 E Orangewood Ave #488
Anaheim, CA928o6
October 3, 2024
VIA EMAIL
Mario Trujillo, Mayor
City of Downey
11111BrookshireAve
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 doesnot. Presumablythe intent was to give the appearancethat 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 membersto the governing body of a political subdivision in which the candidatemust 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 doesnot 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 statesthat 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 membersnot 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- basedelections shall adopt boundariesfor “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 requiresthat all districts in a by-district election systembe 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 demandthat the City covert its mixed election systemto a district- basedelection 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 requestyour responseto this demand by October 18, 2024. In the absenceof a satisfactory response, my client will be forced to seekjudicial relief in the form of an action to obtain an order converting the election system from mixed to by-district, togetherwith 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 appropriateaction without the filing of litigation.
We look forward to your response.
Sincerely,
I
Andrew Safega
Sarega Law, APC
CC:RogerBradly, City Manager (via email)
Maria Alicia Durate, City Clerk (via email)
Phone: (714) 93l-8386 Email: [email protected] www.saregalaw.com