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HomeMy WebLinkAboutMinutes 11-14-23 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR' MEETING NOVEMBER 14, 2023 The City Council of the City of Downey held a Regular City Council Meeting — Closed Session on November 14, 2023, at 5:37 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding. PRESENT: Council Members: Claudia M. Frometa Mayor Mario Trujillo Mayor Pro Tern Timothy Horn Council Member Hector Sosa _Council Member Vacant Council Member District 3 ALSO PRESENT: Roger Bradley, City Manager Vaniah De Rojas, Assistant City Manager John Funk, City Attorney James McQueen, Human Resources Director PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Closed Session Items. City Clerk Duarte confirmed no written public comments were received. Mayor Frometa asked if there was anyone present who would like to comment on Closed Session Items. BC, resident, commended the professionalism of the City Clerk and the work of the City Manager, former Interim City Manager, and Public Works Department for the installation of the wall at Meldar Ave. and Manzanar Ave.; and commented regarding Council Members: Having no one else, Mayor Frometa closed public comment. RECESSED TO CLOSED SESSION Mayor Frometa announced the City Council is recessing to Closed Session at 5:40 p.m. to discuss matters under the authority of the following sections of the Government Code: 1. Government Code Section 54957(b)(1) Public Employee Performance Evaluation - Title: City Manager. 2. Government Code Section 5 957(b)(1) — Public Employee Performance Evaluation —Title: City Clerk. , 3. Government Code Section 54956.8 — Conference with Real Property Negotiators: Property Locations: 712x Firestone. Boulevard — APN: 6231-001-018 721 Firestone Boulevard —APN: 631-001-018 71 xx Firestone Boulevard — APNs: 6231-004-013; and, 7140 Firestone Boulevard — APNs: 6231-004-01 Agency Neotiator(s): City Manager Roger Bradley and Assistant City Manager Vaniah De Rojas l" Negotiating Party: Andrews Rancho Del Torte and Andrews Rancho Del Sur Under Negotiation Price and terms of payment for potential purchase or lease of property Mayor Frometa reconvened the Regular City Council Meeting — Closed Session at 6:47 p.m. City Council Minutes Regular Meeting — November 14, 2023 1 City Attorney Funk reported the Closed Session report as follows: In regards to Item Nos. 1, 2, and 3, the City Council took no reportable action. i The City Council of the City of Downey held a Regular City Council Meeting - Open Session on November 14, 2023, at 6:48 p.m., in the Council Chambers of the Downey City Hall; 11111 Brookshire Avenue, Downey California, Mayor Frometa presiding. PRESENT: Council Members; Claudia M. Frometa Mayor Mario Trujillo Mayor Pro Tern Timothy Horn Council Member Hector Sosa Council Member Vacant Council Member District 3 ALSO PRESENT: Roger Bradley, City Manager Vaniah 'De Rojas, Assistant City Manager John Funk, City Attorney Leslie Murray, Police Chief Dan Hurlock, Fire Chief Matthew Baumgardner, Public Works Director James McQueen, Human Resources Director Irma Huitron, Community Development_ Director Stephen Hannah, Finance Director Jason Chacon, Director of Parks & Recreation i M. Alicia Duarte, CMC, City Clerk The Invocation was delivered by Reverend David Beary, First Presbyterian Church of Downey: The Pledge of Allegiance was led by Boy Scout Pack 805: CITY COUNCIL OU CE _ T ' REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPO T Council Member Horn reported attending the Downey Chamber of Commerce 1201" Anniversary Gala event, the Employee Service Awards Luncheon event, the Economic Forecast Conference event, the City Government 200 Symposium event, the Veterans Day Ceremony event, and the Downey Chamber of Commerce networking event. Mayor Pro Tern Trujillo reported attending the Downey Kiwanis Centennial BirthdayCelebration event. He requested an update regarding chain -link fences and repair of driveways in District 1. He requested staff conduct a survey regarding the need for additional Police Officers and recruitment incentives and an update regarding lighting at Furman Park. Mayor Frometa provided concurrence for both requests. He requested staff research bringing Dave & Busters and Chuck E. Cheese to Downey and requested an update regarding enforcement of motor homes parked on Woodruff Ave. He reported attending a meeting with the Downtown Downey improvement Association and requested an update regarding the downtown parking structure. Mayor Frometa provided concurrence for this request. Mayor Frometa referred to previous discussion by the City Council regarding cleaning and painting of the downtown parking structure and shared the City Manager would provide an update: Mayor Pro -Tern Trujillo commented in favor of bringing a report before the City Council if a financial allocation is required for cleaning and maintenance of the parking structure. City Council Minutes Regular Meeting -'November 14, 2023 2 Mayor Frometa added the City Council had discussed painting, cleaning, and additional security measures for the parking structure. City Manager Bradley responded the report would return to the City Council. Council Member Sosa welcomed the audience to the City Council Meeting. He reported attending the SELACO Board meeting, his District 2 Town Hall meeting, the Veterans Day and Marine Corps birthday event, and the Veterans Day Ceremony event. Mayor Frometa welcomed the audience to the City Council Meeting and invited the public to participate in the annual Fire Department Toy Drive. She reported attending the Downey Chamber of Commerce 120th Anniversary Gala event, the Downey Unified School District Public Safety Forum event, a Neighborhood Watch meeting, and the Veterans Day Ceremony event. She acknowledged Veterans in the audience. She commented regarding the upcoming report on the downtown parking structure and requested an update regarding the status of the security contract for downtown Downey. Mayor Pro Tern Trujillo provided concurrence for this request. She requested additional speed enforcement in major thoroughfares in the City and that staff contact property management companies, including the Downey Gateway, regarding trash and pressure washing. She reported attending the SELACO Job Fair event and thanked Parks & Recreation staff for their work with multiple City events. CITY MANAGER/STAFF MEMBER COMMENTS City Manager Bradley confirmed requests for updates and thanked staff for hosting a workshop for live entertainment venues regarding best practices for safety and compliance with the City's Municipal Code: PRESENTATIONS 1. Mayor Frometa with assistance from Chief Murray presented the Downey Police Department Award of Merit to Corporal Alberto Aguilar. PUBLIC HEARINGS 1. ADOPTION F RESOLUTION APPROVING AND ADOPTINGTHE CITY OF DOWNEY WATER SYSTEM 2022 PUBLIC HEALTH GOALS REPORT: Public Works. 1) CONDUCTED PUBLIC HEARING CONCERNING THE CITY OF DOWNEY WATER SYSTEM 02 PUBLIC HEALTH GOALS REPORT; A ) ADOPTED RESOLUTION. 23-8201, A RESOLUTIONF THE CITY COUNCIL F THE CITY OF DOWNEY APPROVING AND ADOPTINGTHE CITY OF DOWNEY WATER SYSTEM 2022 PUBLIC HEALTH GOALS REPORT. Mayor Frometa opened the Public Hearing at 7:21 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Mayor Pro Tern Trujillo, and carried 4-0, to receive and file the publication. Deputy Director of Public Works/Utilities Manager Dan Mueller presented the staff report for Item No. 1 He provided background information regarding the Public Health Goals Report, the purpose of the report, and water quality standards such as the Maximum Contaminant Levels (MCLs). He ,reported the City of Downey complies with all water quality standards. He distinguished between MCLs which are enforceable mandatory standards and Public Health Goals (PHGs) and Maximum Contaminant Level Goals (MCLGs) which are non -enforceable goals not required to be met by any public water system and consider different factors. He advised the PHG Report differs from the annual Water Quality Report and provides data regarding regulated constituents between Calendar Years 2019 and 2021. City Council Minutes Regular Meeting — November 14, 2023 3 Mayor Frometa requested to confirm the Public Health Goals Report is accessible to residents on the City's website. City Manager Bradley responded the report is available on the website. Mayor Frometa, at 7:27 p.m., opened this item for public comment. Mayor Frometa asked City p Y y Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding the Public Hearing item. BC, resident, inquired regarding the Public Health Goals and expressed concerns regarding water quality and safety. Rodolfo Cortes Barragan, non-resident, commented regarding industrial water pollution, "forever chemicals" ;including PFAS and PFOA, the Central Basin Municipal Water District,public notice, justice, affordability, and transparency: Juan Martinez, resident, commented regarding water contaminants including PFOA and PFAS, "forever chemicals", litigation, contaminated wells, Coca-Cola, the Central Basin Municipal Water District. Having no one else, Mayor Frometa closed the Public Hearing at 7:36 p.m. It was moved by Mayor Pro Tern Trujillo, seconded by Mayor Frometa, and carried 4-0, to adopt Resolution No. 23-8201, a Resolution of the City Council of the City of Downey Approving and Adopting the City of Downey Water System 2022 Public Health Goals Report. _PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR D ITEMS Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed 30 written public comments were received. Eddie Leon inquired regarding the steps for installation of a roundabout and a "Welcome to North East Downey„ sign Nancy Michelle, artist, commented in support of continued funding of Stay Gallery, Jazmin Nicole Lopez, resident, commented in support of continued funding of Stay Gallery. Kathy Perez, Downey Conservancy, commented in support of continued funding of Stay Gallery. Ana Godinez, artist, commented in support of continued funding of Stay Gallery. Georganne Bruce, Exchange Club Family Support Center, commented in support of continued funding of Stay Gallery. John Giurini, resident and Assistant Director of the J. Paul Getty Museum, commented in support of continued funding of Stay Gallery. Sacha van der Most van Spijk, resident and Executive Director of Home Field Advantage, commented in support of continued funding of Stay Gallery. Miguel Nunez, non-resident, commented in support of continued funding of Stay Gallery. Ricky Abilez, Arts for LA, commented in support of continued funding of Stay Gallery. City Council Minutes Regular Meeting - November 14, 2023 Joshua Sandoval, Born in June Creative Studios, commented in support of continued funding of Stay Gallery. Kimberly Gutierrez, artist, commented in support of continued funding of Stay Gallery. Elmer Argueta, artist, commented in support of continued funding of Stay Gallery. Gabriel Enamorado, Stay Gallery, commented in support of continued funding of Stay Gallery. Jonathan Perez, artist, commented in support of continued funding of Stay Gallery, Julio Martinez, Odyssey STEM Academy, commented in support of continued funding of Stay Gallery. Polaris Castillo, artist, commented in support of continued funding of Stay Gallery. Holly Hampton, LA Metro, commented in support of continued funding of Stay Gallery. Lauren Temple, artist, commented in support of continued funding of Stay Gallery. Tracy Hudak, Californians for the Arts, commented in support of continued funding of Stay Gallery. Jazzmine Caron, resident, commented in support of continued funding of Stay Gallery. Yaileen Zamora, arts teacher, commented in support of continued funding of Stay Gallery. Julia Bielenberg, arts enrichment teacher, commented in support of continued funding of Stay Gallery. Markos Felix Martinez, Downey Conservancy, commented in support of continued funding of Stay Gallery. Sofia Carrillo, artist and Downey art teacher, commented in support of continued funding of Stay Gallery. Marcus Gonzalo'Banuelos, artist and educator, commented in :support of continued funding of Stay Gallery: Mike A. Alcala, artist educator, commented in support of continued funding of Stay Gallery. Yoli van der Most, resident and Creative Director at Home Field Advantage, commented in support of continued funding of Stay Gallery. Jesica Carrillo, resident, commented in support of continued funding of Stay Gallery: Lupe Arriola, Eastside Arts Initiative, commented in support of continued funding of Stay Gallery. Mayor Frometa asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items. Alan Halstensgaard, resident, commented regarding religious extremism and bible verses. Gabriel Enamorado, Executive Director of Stay Gallery, commented in support of continued funding of Stay Gallery. City Council Minutes Regular Meeting - November 14, 2023 5 Juliana Canty, Stay Gallery, commented in support of continued funding of Stay Gallery, Cindy Macias, artist, commented in support of continued funding of Stay Gallery. George Manzanilla, Stay Gallery Board of Directors, commented in support of continued funding E of Stay Gallery. Speaker, no name provided, commented in support of continued funding of Stay Gallery. Julia Bielenberg, arts enrichment teacher,commented in support of continued funding of Stay Gallery. Michelle Napoli, Downey Nigh School teacher, commented in support of continued funding of Stay Gallery, Samantha Meza, resident, commented in support of continued funding of Stay Gallery. Speaker, no name provided, commented in support of continued funding of Stay Gallery. Sofia Carrillo, art teacher, commented in support of continued funding of Stay Gallery. Paul, resident, commented in support of continued funding of Stay Gallery. Lee Squire, resident, commented regarding Veteran's Day, First Amendment rights, and support for the Jewish population. Jonathan, non-resident, commented to support of continued funding of Stay Gallery. Yaileen Zamora, art teacher, commented in support of continued funding of Stay Gallery, Jazzmine Caron, resident, commented in support of continued funding of Stay Gallery. Christina Dias, artist, commented in support of continued funding of Stay Gallery. Bob Thompson, Downey Historical Society President, commented in support of continued funding of Stay Gallery. Carol Kearns, Downey Arts Coalition, commented in support of continued funding of Stay Gallery and creation of a formal arts commission. Mayor Frometa commented regarding the importance of art in the community and fundraising efforts to support art spaces. Resident, no name provided, commented regarding parking violations received for blocking the sidewalk. Sergio, resident, commented in support of continued funding of Stay Gallery, Ernesto Valle, resident, commented regarding the public comment speaking time, installation of speed bumps, increase of fines for speeding, overnight RV parking, dispensaries„ additional Police Officers, and installation of lights at Furman Park. Speaker, no name provided, commented in support of continued funding of Stay Gallery. Shaun Warrior, non-resident, commented in support of continued funding of Stay Gallery. City Council Minutes' Regular Meeting W November 14, 2023 6 BC, resident, commented in opposition to Item Nos: 11, 13, and funding of Stay Gallery or other nonprofit organizations. Alexandra Beemer, resident, commented in support of continued funding of Stay Gallery and regarding her candidacy for the 2024 Downey General Municipal Election. Speaker, no name provided, thanked Mayor Frometa for recognizing Veterans, commented regarding public safety, hiring of additional Police Officers, quality of life, and commented in support of continued funding of Stay Gallery. John Lacey, resident, thanked Council Member Horn for his service ;on the City Council and commented regarding laws, stability; and immigration. Resident, no name provided, commented in support of continued funding of Stay Gallery. Juan Martinez, resident, commented regarding a lawsuit and restraining order filed by the City and in support of continued funding of Stay Gallery. Rodolfo Cortes-Barragan, non-resident, commented regarding Council Members, free speech, corruption, governmental policies, and in support of continued funding of Stay Gallery. Resident, no name provided, commented in support of nonprofit youth programs and the installation of lights at Furman Park. Having no one else, Mayor Frometa closed public comment. Council Member Sosa requested staff return with an item to the Council to discuss funding of Stay Gallery. Mayor Frometa provided concurrence for this request. CONSENT CALENDAR Mayor Pro Tem Trujillo abstained from Item No. 2, Regular Meeting Open Session Minutes of October 10, 2023 as he did not attend the meeting, and item No. 4 due to owning property in the area. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Sosa, and carried 4-0, to approve the remainder of Consent Calendar; 2. APPROVED 1 TES: October 10, 2023 (Open Session); City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 372559 - 373185; Payroll Wire Nos. 30004398 — 30004402 30004404 — 3004405; EFT Nos. 12991 — 13054; Manual Wire Nos. 2433 — 242; and, Cashier's Check Nos, 0170 — 0174 in the total amount of'$5,474,261.57: Finance. City Council Minutes Regular Meeting — November 14, 2023 7 4. ACCEPTANCE OF WORK FOR THE 3RD STREET PAVEMENT REHABILITATION PROJECT, CAPITAL IMPROVEMENT PROJECT (CI ) NO. 22-04: Public Works, 1) ACCEPTED THE WORK FOR THE 3RD ST. PAVEMENT REHABILITATION PROJECT, CIP 22-04; 2) APPROVED UEL CONTRACTORS' FINAL CONSTRUCTION CONTRACT U T F $686,489.11; AND, ) AUTHORIZED THE DIRECTOR OF PUBLIC KS/CITY ENGINEER TO FIDE A NOTICE OF COMPLETION INDICATING ,TI THE K IS COMPLETE AND HA E ACCEPTED Y THE CITY. 5. APPROVAL OF WATER VALVE TRUCK U CHAS . Public Works, 1) APPROVED THE PURCHASE OF 2024 FORD SUPERDUTY F-550 WITH EH WACHS SINGLE TURNER /ALVE SKID FROM ATI L AUTO FLEET GROUP CUP E 'SOURCEWELL CONTRACT CT C. 0914621-NAF FOR THE TOTAL I U T OF $ 3 ,168, AND WAIVEANY AND ALL MINOR IRREGULARITIES IN THE BIDDING DOCUMENTS AS SUBMITTED Y SAID BIDDER; AND, 2) APPROVED :THE TRANSFER F $5,000 FROM WATERFUND,-WATER DISTRIBUTION OPERATING ACCOUNT NO. 61-4-3520-0700 TO WATERFUND, WATER DISTRIBUTION OPERATING ACCOUNT NO. 51-4-3620-0940. 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR LAND MANAGEMENT (ACC L) SOFTWARE SYSTEM _ PROJECT _ A C' E T SERVICES SUPPORTING A OPTIMIZATION POJECT: Community Development: 1) APPROVED A PROFESSIONAL SERVICE AGREEMENT, ITH III CONSULTING LLC; FOR THE OPTIMIZATION OF THE CITY'S LAND MANAGEMENT SYSTEM ( CC L ) AND STAFF TRAINING FOR A 20-MONTH TERM BEGINNINGON NOVEMBER15, 223 WITH A CONTRACT TOTALING $126,400 FOR FISCAL YEAR 2023-2024 AND $46,000 FOR FISCAL YEAR 2024-2025. 2) APPROVED A PROFESSIONAL SERVICE AGREEMENT ITH PARK CONSULTING GROUP, FOR PROJECT E T SERVICES FOR CITY SYSTEMSUPDATES FOR A 20-MONTH TERM E I I C ON NOVEMBER1, 203 IN THE AMOUNT NOT TO EXCEED$1,0 FOR FISCAL YEAR 223-224, A $100,000 FOR FISCAL YEAR 2024-2026. 3) AUTHORIZED THE CITY MANAGER, OR HIS E I S, TO EXECUTETHE PROFESSIONAL SERVICES G E T AND AMENDMENTS, S NEEDED. 7. APPROVAL OF AMENDMENT NO. 1 TO STREET SWEEPING SERVICES AGREEMENT ITH NATIONWIDE ENVIRONMENTAL SERVICES (NES): Public Works. 1) APPROVED AMENDMENT NO. 1 TO THE STREET SWEEPING SERVICES AGREEMENT IT , SWEEPING, INC., DBA NATIONWIDE ENVIRONMENTAL SERVICES; AND, 2) AUTHORIZED THE CITY MANAGER, OR DESIGNEE, TO EXECUTEY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY. 8. APPROVAL F AMENDMENT NO. 2 TO THE CATCH I CLEANING SERVICES AGREEMENT: Public Works. City Council Minutes Regular Meeting — November 14, 2023 8 1) APPROVED .AMENDMENT NO. 2 TO THE CATCH BASIN CLEANING SERVICES AGREEMENT WITH JOE'S SWEEPING, INC., D A_NATIONWIDE ENVIRONMENTAL SERVICES, AND, 2) AUTHORIZED THE CITY MANAGEROR HIS DESIGNEE TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY. . ADOPTION OF RESOLUTION SUMMARILY VACATING FUTURE STREET EASEMENT ON THE PROPERTY LOCATED AT 6446 DOS RIOS RD.: Public Works. ADOPTED RESOLUTION NO. 3-8202, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUMMARILY VACATING FUTURE STREET EASEMENT PRIVATE PROPERTY AT 6554 DOS RIOS ROAD 10.' ADOPTION OF RESOLUTION APPROVING THE PP 1 T E T OF CITY TREASURER: Administration: ADOPTED ESOLUTI 23-8203, A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING VANIAH DE ROJAS AS CITY TREASURER. 11. RATIFIED THE _ DONATION F ONE FOURSOME OF GOLFFOR DOWNEY ROTARY CLUB: Council Member Sosa. RATIFIED THE DONATION OF ONE FOURSOME OF ;GOLF AT THE ID HONDO GOLF COURSE IN SUPPORT OF DOWNEY ROTARY CLUB ARC GOLF TOURNAMENT EVENT ON NOVEMBER3, 2023 ADMINISTRATIVE EPO TS 1. REQUEST FOR A WAIVER OF CITY FEES AND ASSOCIATED COSTS RELATED TO THE DEVELOPMENT OF A NEW YMCA FACILITY AT 11531 DOWNEYAVE.: Community Development. 1) DISCUSSED PROVIDED STAFF DIRECTION ON A WAIVER OF CITY FEES AND ASSOCIATED COSTS THE YMCA F METROPOLITAN LOS ANGELES T FACILITATE THE CONSTRUCTION OF A 'NEW YMCA FACILITY AT 11631 DOWNEY AVE., AND, ) DIRECTED STAFF TO PREPARE G E E T BETWEEN THE CITY AND YMCA T FORMALIZE ANY WAIVED FEES WHICH WOULD BE CONTINGENT ON THE COMPLETION F THE PROPOSED PROJECT. Community 'Development Director Irma Huitron presented the staff report for Item No. 12. She provided background information regarding the site of the YMCA building, construction of the new building, the anticipated ;project timeline, and the project cost and funding. She listed the City fees applicable to the projects for construction of the new building; demolition of existing buildings, and relocation of the cellular antenna mounted to the building in the categories of City fees, refundable deposits, and pass -through fees and explained pass -through fees are external costs related to consultant' and technical reports required to be prepared as part of the project. She presented three options: waiver of fees in the City fee category, waiver of all City fees and external costs, and no waiver. She elaborated regarding Option No. 1 in which the applicant would incur no City fees and pay all pass -through fees and refundable deposits for a total of $162,400 and the cost to the City would be $296,081. She stated in Option No. 2, the applicant would incur no City fees, would not be responsible for any specialty consultant or technical reports, and would not be responsible for refundable deposits and, In this case, there would City Council Minutes Regular Meeting — November 14, 2023 9 be no cost to the applicant and the cost to the City would be the full amount of $458,481. She shared for Option No. 3, the applicant would pay all City fees, would be responsible for specialty consultant or technical reports, and would be responsible for refundable deposits, totaling $458,481, and there would be no cost to the City. She advised staff would need to prepare an agreement to formalize any waived fees contingent on the completion of the project. Council Member Sosa inquired regarding the total amount out-of-pocket for the City and when costs would be realized, Director Huitron responded the costs would be incurred in four phases: during the limited demolition of existing facilities, relocation of wireless communication facilities, entitlement applications, and the process of obtaining permits and plan check for the construction of the new buildings and completing the site work. Council Member Sosa inquired regarding the out-of-pocket costs for Option No. 1. Director Huitron responded the City would provide in -kind donations through the waiver of City' fees relating to demolition permits or plan check for demolition work, permits for relocation of the antenna, and entitlement applications for the new construction and permits for the new site work. She clarified the applicant would pay the pass -through costs of approximately $100,000 for the preparation of consultant and technical reports. Mayor Frometa requested to confirm the waiver of the approximately $100,000 for the preparation of consultant and technical reports in Option No. 2, would be a direct cost to the City. City Manager Bradley confirmed this would be an out -of -packet cost. Mayor Frometa commented regarding services offered to the community by the YMCA and reported staff researched the cities of Santa Fe Springs, La Mirada, Whittier, Paramount, Lakewood, Pico Rivera, Long Beach, Norwalk, Bellflower,' Temple City, Gardena, Torrance, and Garden Grove, and determined no discounts were offered to nonprofit organizations for planning or permit fees. She noted some of those cities contract with Los Angeles County for building and safety services and must abide by their fees. She commented regarding the importance of the YMCA for the community and her request for staff to research developing a process for providing discounts to nonprofit organizations in the future. She commented in favor of waiving 50% of the City fees proposed in Option No. 1. Mayor Pro Tern Trujillo inquired regarding the amount incurred by halving Option No. 1. Director Huitron responded the amount would be $148,040. Mayor Pro Ter Trujillo commented regarding the value of the YMCA as an investment in the City's youth as the City does not have a youth club or Boys & Girls Club of America and commented in favor of the waiver of the full fees presented in Option No. 1 with the exception of the pass -through fees to be paid by the applicant. Council Member Sosa inquired regarding programs offered to seniors, children, and underprivileged families by the YMCA. YMCA Financial Development Chair Steve Roberson' commented regarding childcare services, swim classes, and other programs offered by the YMCA, a request for the City to make the process easier for the YMCA, and the YMCA's fundraising efforts. Chair of the YMCA Board Mauricio Nunez ,responded the YMCA has historically provided youth sports, arts, activities, childcare, elderly physical fitness and therapy programs and commented regarding programs for underprivileged children and the need to revitalize the YMCA building. Mr. Roberson commented regarding the YMCA's history of assisting the community and its intent continue to help the community and reiterated the 'City does not have another space that provides afternoon programs, classes, and a warm water pool for seniors. Mayor Pro Tern Trujillo inquired regarding previous requests for funding from the YMCA. City Manager Bradley responded staff can research this information. It was moved by Council Member Sosa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve Option No. 1, to waive City fees and associated costs for the YMCA of Metropolitan Los Angeles to facilitate the construction of a new YMCA facility at 11531 Downey Ave. and direct staff to prepare an agreement between the City and YMCA to formalize any waived fees which would be contingent on the completion of the proposed project. City Council Minutes Regular Meeting -- November 14, 2023 10 13. DISCUSSION REGARDING THE 'ESTABLISHMENT OF A COMMUNITY GARDEN ON CITY - OWNED PROPERTY: Parks & Recreation, DISCUSSED AND PROVIDED STAFF DIRECTION REGARDING THE ESTABLISHMENT O A COMMUNITY GARDEN ON CITY -OWNED PROPERTY Parks & Recreation Director Jason Chacon presented the staff report for Item No. 13. He provided background information regarding the history of the item and the purpose and structure of community gardens. He shared the factors considered for potential locations: an existing water source, proximity to entry to allow easy community access, abundance of natural sunlight, available parking, a removed area ensuring a peaceful and seamless gardening environment, ample space for current development and; future expansion, and a secure area. He stated some of the more active parks were removed due to concerns such as stray baseballs or lack of parking. He presented Rio San Gabriel Park, Wilderness Park;and Treasure island Park as potential locations. He shared Rio San Gabriel Park has an existing water supply, ample parking, easy access from the adjacent parking lot; and space for future expansion and added the parking lot would be re -done in the next six months. He noted the proposed space is next to the sports fields, which do not host year-round youth sports leagues and hosts the Downey Razorbacks football team which practices from July through November and typically at night, which would not conflict with the usage of the community gardens. He assured the City Council the Razorbacks storage unit would remain accessible and the space used by the team would not be impacted. He added the proposed space received moderate natural light due to some mature trees and 'indicated the layout of the community garden would ensure the majority of the plots would be in the sunlit area: Council Member Sosa inquired regarding proximity to the baseball <diamond and expressed concerns regarding foul balls. Director Chacon responded games are not frequently played at Rio San :Gabriel Park, the adult softball team plays in the evenings, and while there may be weekend morning games, they are minimal compared to other park sites. Council Member Horn inquired regarding redevelopment of Rio San Gabriel Park as a former landfill site and the effect on the community garden. Director Chacon responded staff is proposing aboveground plots that would not require digging into the ground at a depth that would require permits. Director Chacon stated that Wilderness Park is divided into three sections, each owned by a different entity including Southern California Edison (SCE), Caltrans, and the City of Downey. He shared the proposed site would be located within City property which features automated parking and two ponds that were recently renovated with Measure S funding. He indicated entry would be from the south parking lot, which is scheduled to be ;re -done in a Capital Improvement Project within the next year: He commented regarding the natural sunlight, lot size, potential for future expansion, noting the 10,000 square foot space is larger than the initial size of the other proposed locations. He shared the site has an existing water supply and easy access, referring to access from the parking lot as the site is more removed due to its location in the back of the park. He stated Wilderness Park has the same issue with mature trees and would be addressed in the same way, with the plots located in the sunlight. He shared the drawback of the proximity of the riverbed and shared any community garden location would be fenced off with a chain link fence and a gate with a padlock or security codes. He added weekend parking may be difficult as Wilderness Park is one of the City's most popular parks for weekend rentals and expansion of the community garden would be limited by the lease restrictions to avoid encroaching on the SCE property. Mayor Pro Tem Trujillo requested to confirm whether Downey residents mast pay to park at Wilderness Park. Director Chacon responded residents do not have to pay for parking. He shared the City moved to automated parking at the beginning of the fiscal year that applies only to non-residents and only on the weekends. Mayor Frometa requested an educational campaign to inform residents that they do not need to pay for parking and must obtain a parking permit. City Council Minutes Regular Meeting — November 14, 2023 11 Director Chacon stated Treasure Island Park has an existing water supply, ample natural sunlight, and additional open space to expand and noted the park has alternative locations that would be available. He noted it shares the same issue regarding proximity to the riverbed and the same security measures would be employed to address this issue and added the site lacks visibility for law enforcement to see into the community garden. He commented regarding the distance from the parking lot would require a longer walk and noted visitors may park in the neighborhood without impacting residents due to the sporadic schedule of people frequenting the community garden: Mayor Frometa highlighted concerns regarding public safety due to the proximity to the riverbed and potential residential parking issues related to the distance from the parking lot. Director Chacon added some of the larger parks were not included because of their active programming and provided the example of Crawford Park, which is a SCE -leased park and would not allow for building of a community garden under SCE's guideline. He shared other cities with community gardens on SCE -leased properties have;grandfathered status and SCE is not allowing new construction of community gardens or dog parks. He stated the Department of Water and Power {DWP} also does not allow new construction of community gardens or dog parks on their properties and have allowed more passive park uses. He added that Temple Park is too small, Brookshire Park does not meet the community garden's needs, Golden Park does not have sufficient lighting, and Rancho Los Amigos has synthetic turf fields, insufficient space, and impacted parking. Mayor Pro Tem Trujillo inquired regarding Crawford Park: Director Chacon responded Crawford Park has two SCE easements and one DWP easementcurrently being discussed for potential uses. Mayor Pro Tern Trujillo inquired regarding the reasons SCE is no longer allowing community gardens and dog parks. Director Chacon responded SCE and DWP expressed concerns regarding liability and discussions regarding using these properties for park' space. Mayor Pro Tern Trujillo ;commented regarding continuing discussions with SCE and DWP, expressed concerns regarding homeless persons near Crawford Park, and inquiring regarding the ideal location for a community garden. Director Chacon commented regarding a property north of the golf course large enough to accommodate a community garden, a small parking lot, and other green space and recommended the use of Rio San Gabriel Park over Crawford Park for the community garden due to the opportunity for future expansion at Rio San Gabriel Park and the issue of limited parking at Crawford Park. He commented regarding the potential for a dog park at Crawford Park, Mayor Frometa concurred with Mayor Pro Tern Trujillo regarding continuing discussion with SCE and DWP and in favor of moving forward with a community garden. Director Chacon shared next steps for Parks & Recreation staff to coordinate with Public Works staff regarding operations and necessary equipment, reported the budget of $30,000 approved in the budget, and added staff will return to the City Council with a report regarding operation, management and design of the community garden. Council Member Sosa thanked Director Chacon and his staff for the report. It was moved by Council Member Sosa, seconded by Mayor Frometa, and carried 4-0, to approve staff's recommendation to establish the community garden at Rio San Gabriel Park: Mayor Frometa commented regarding proceeding with the dog park. Mayor Pro Tern Trujillo requested to reach out to SCE regarding use of their property. City Manager Bradley confirmed staff would reach out to SCE. 14. APPROVAL OF REVISIONS OF CHAPTERS 3 AND 4 OF THE DOWNEY PURCHASING POLICY: Finance: APPROVED E THE CHANGES TO CHAPTERS D 4 OF THE Y PURCHASING POLICY City Council Minutes Regular Meeting November 14, 2023 12 Finance Director Stephen Hannah presented the staff report for item No. 14. He stated Chapter 3 of the Downey Purchasing Policy governs the acquisition of non-professional services, supplies, and equipment and Chapter 4 governs the acquisition of professional and consultant services. He summarized the ,purpose of the proposed changes to non -Capital Improvement Program purchases to achieve a more appropriate balance between internal control and operational efficiency. He added the proposed changes make it easier for Department staff to understand and use the Policy and for the Finance Department to provide consistent oversight over purchases. ;He stated the key changes to Chapter 3 are primarily focused on approval authority and minor changes and clarifications were made regarding required solicitation and required documentation to secure and execute a purchase. He listed changes to the approval authority: the Department Head approval authority increased from $3,000 to $14,999, the Finance Department received review and oversight authority over all purchases, the City Manager's approval authority increased from a range of $15,000 - $30,000 to $15,000 - $75,000, and City Council approval is required for all purchases over $75,000 which would be made through either formal bid or cooperative purchase. Council Member Sosa inquired regarding when the spending caps were set. City Manager Bradley responded the Purchasing Policy was last updated in 2020. Director Hannah confirmed the Policy was last updated in 2020 but no significant modification was made to the spending authority. Mayor Frometa stated the current timeline for approvals can delay purchasing by four to six weeks, emphasized the importance of enabling the City Manager and Department Heads to make purchasing decisions, and commented regarding efficiency. It was moved by Mayor Frometa; seconded by Council Member Sosa, and carried 4-0 to approve the changes to Chapters 3 and 4 of the Downey Purchasing Policy. ADJOURNMENT Mayor Frometa adjourned the Regular City Council Meeting Open Session at 9`56 p.m. in memory of Assistant Fire Chief Joe Back of the Whitesburg, Kentucky Fire Department who suffered a medical emergency while responding to a call; Lieutenant Milton Resendez of the San Benito, Texas Police Department, who was shot during a police pursuit and succumbed to his injuries; Correctional Officer I Kelly Bernard Rolando of the Missouri Department of Corrections, who was killed in a vehicle crash while on duty; Los Angeles Police Officer Darrell Cunningham Shamily, who was killed in a vehicle collision caused by a drunk driver while off -duty; and, the five U.S. Army Special Operations soldiers killed during a military helicopter training exercise in the Mediterranean Sea; Chief Warrant Officer 3 Stephen R. Dwyer, 33, of Clarksville; Tennessee; Chief Warrant Officer 2 Shane M. Barnes, 34, of Sacramento, California; Staff Sgt. Tanner W. Grone, 26, of Gorham, New Hampshire; Sgt. Andrew P. Southard, 27, of Apache Junction, Arizona and Sgt. Cade M. Wolfe, 24, of Mankato, Minnesota. AR ALICI�DU RTE, MARIO TRUJILLC3 =City Clerk Mayor City Council Minutes Regular Meeting — November 14, 2023 13