HomeMy WebLinkAboutMinutes 05-11-21 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 11, 2021
The City Council of the City of Downey held a Regular City Council Meeting on May 11, 2021, at
6:35 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Frometa presiding.
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Claudia M. Frometa
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
Mayor
Mayor Pro Tem
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ALSO PRESENT: John Oskoui, Assistant City-4flanager
Yvette M. Abich Garcia, City Attorney
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Dan Hurlock, Fire Chief
Aldo E. Schindler, Community Development Director
Delfino Consunji, Public Works Director
James McQueen, Human Resources Director
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Mayor Frometa. The Pledge of Allegiance was led by Fire
Chief Dan Hurlock.
1 . Mayor Frometa presented the Mayor's Legacy Award to Cathy Godinez.
2. Mayor Frometa presented a Proclamation in honor of Public Service Recognition Week and
Certificates of Recognition to Exemplary Employees.
3. Mayor Frometa presented a Proclamation in honor of National Police Week to Chief Milligan.
4. Mayor Frometa presented a Proclamation Emergency Medical Service Week to Chief Hurlock.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Alvarez welcomed members of the public participating in the virtual meeting.
She requested a moment of silence for the victims of the protests in Columbia. She asked if the City's
findings concerning the investigation into her background could be released. She thanked her Council
colleagues for proclaiming June as Pride Month. She requested staff provide youth swimming classes
for residents with disabilities and requested staff reallocate ASPIRE Program funds towards additional
classes for residents with disabilities. She asked staff to research removing the noise ordinance
restrictions for the businesses open until 2:00 a.m. on Downey Ave.
Council Member Ashton welcomed members of the public participating in the virtual meeting.
He requested staff research providing sidewalk access on Paramount Blvd. under the 1-5 Fwy. He
asked staff to research the pros and cons of banning all fireworks within City limits and return to Council
City Council Minutes
Regular Meeting — May 11, 2021
John Kaliski Architects (JKA) to study Downey's Single Family Residential Design Standards and
complete a community assessment. He introduced John Kaliski, President of JKA, to present the
findings and recommendations which would amend Downey's Single Family Residential Development
and Subdivision Standards in the Single Family Residential Zone.
Council Member Ashton asked if the subject was related to one of the public meetings
conducted at the Columbia Memorial Space Center where public input was sought. Director Schindler
confirmed it was and stated the public was presented with different visuals and JKA requested the
public vote on the designs and provide their comments regarding the architectural elements.
Mayor Frometa thanked the Mr. Kaliski for his presentation. She stated the City wants to ensure
the community's character continues to be consistent while respecting individual choices.
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Regular Meeting - May 11, 2021 3
Mayor Pro Tern Pacheco inquired if there were any colors that would not be allowed for home
exteriors. Mr. Kaliski presented the list of colors that would be automatically approved and stated all
other colors would need to be approved by the Planning Director on a case -by -case basis. If denied,
the applicant could submit an Appeal to the Planning Commission.
Director Schindler stated the discussion regarding exterior colors was of interest and based
upon the Planning Commission's decision to disapprove the pink house. He stated applicants will have
the opportunity to appeal the Exterior Color Standards to see if a consensus can be obtained.
Mayor Frometa, at 8:08 p.m., opened this item for public comment. Mayor Frometa asked City
Clerk Duarte if there were any written comments received regarding the Public Hearing item. Mayor
Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to
comment regarding the Public Hearing item.
George Redford, resident, submitted written comments in support of the new residential design
code.
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Armando Herman, non-resident, commented regarding compliance with Americans wi
Disabilities Act. I
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Director Schindler stated ADU's are being constructed and staff expects to receive
approximately 100 ADU's to be built on an annual basis. He stated the ADU's are typically built based
on need, how the market is yielding, and family growth. He stated another reason the timeline was
extended was to allow JKA and City staff research the State of California's Housing and Community
Development Regional Housing Needs Allocations (RHNA), density, removing the ability to increase
their unit counts on lots to ensure the City aligns with the State's housing direction; and, review of the
City's Housing Element to ensure the City addresses the new RHNA numbers and makes every efforj'
to meet.
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco and carried
5-0, to introduce an Ordinance of the City Council of the City of Downey amending various Sections of
Article IX of the Municipal Code regarding Single Family Residential Development and Subdivisions
Standards and Single Family Design Guidelines for Development.
Council Member Alvarez provided presentation for Item No. 10. She provided a general
overview of the counties and cities that have passed a Hazard Pay Ordinance regionally. She reported
the following adopted a $5.00 per hour increase: County of Los Angeles and the cities of Alhambra,
Glendale, Los Angeles, Santa Monica, and West Hollywood; the cities of El Monte, Long Beach,
Montebello and Pomona adopted a $4.00 per hour increase; and, South Pasadena adopted a $3.00 per
hour increase. She explained the ordinances adopted by the cities and Los Angeles County require
hourly employees working at grocery and drug retail stores be paid an additional $4.00 to $5.00 per
hour for 120 days. The ordinances contain language referencing anti -retaliation of employees, credit for
current employer -initiated hazard pay, workers right to sue non -compliant employers, and, employer's
requirement to notify their employees of the ordinance.
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Regular Meeting - May 11, 2021 4
City Council Minutes
Council Member Ashton asked staff what is the current minimum wage in the City of Downey.
Assistant to the City Manager De Rojas stated it is $13 per hour and continues to rise yearly until it
reaches to $15 per hour.
Council Member Ashton agreed with Iflayor Frometa that there are a lot of essential workerT
from different sectors. He stated was recently working at Fed Ex and during the height of the pandernic
they became extremely busy. He stated Fed Ex provided its employees a $2 per hour Hero Pay
increase for a couple of months and most of the employees were in the minimum wage range. He
stated Mayor Frometa also mentioned nurses, police officers and Fire personnel that are also
considered essential workers and stated their level of income is high whereas if something were to
occur those employees have the means and ability to adapt because of their level of pay. He added
with grocery workers even though some salaries are at a higher pay level, most earn minimum wages.
He would like to see the City Council do something -even though the pandemic is nearing the end. He
stated the Council should have acted earlier when the height of the pandernic occurred. He is unclear if
120 days is the correct length of time and recommends a shorter length of time possibly 60 days and it
would only apply to employees making $17 per hour or less. He suggests an increase of up to $4 per
hour above minimum wage. He provided an example of an employee earning $16.50 per hour their
increase would only be a $0.50 to reach $17 per hour. He thanked Council Member Alvarez for bringing
this issue forward. He stated he would like the Council to enact an ordinance that would benefit those
employees that are in need and would benefit from the increase.
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Regular Meeting - May 11.2O21 7
Mayor Frometa left the meeting at 9:52 p.m
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Regular Meeting — May 11, 2021 9
James Derda, resident, commented in opposition to the discussion regarding Hero Pay. He
commented regarding COVID-19 and the effects of adopting a Hero Pay Ordinance on the costs of
products for the consumer.
Barbaro Rodriguez, resident, commented regarding City assistance for business owners during
the pandemic, Federal funding assistance for businesses, the loss of grocery worker's lives due to
COVI D- 19 and in support of Hero Pay.
Consuelo Castro, resident, commented regarding the health hazards she exposed to as a
grocery worker during the pandemic, customers refusing to properly wear facial coverings and in
support of Hero Pay.
Melissa, CVS Pharmacy Technician, commented regarding business profits increasing during
the pandemic, employees placing family members at risk to contact COVID-19 and in support of Hero
Pay.
Irma, CVS employee, commented regarding employee's mental health, higher risk of
contracting COVID-19 and in support of Hero Pay.
Alex Contreras, non-resident, commented in support of essential workers and in support of a
Hero Pay ordinance.
Stater Bros. Market employee, no name provided, commented regarding life's experience
during the COVID-19 pandemic, mental health of employees and in support of hazard pay for
employees.
Kevin Sanchez, California Grocers Association, commented in opposition to a Hero Pay
ordinance, the state of the economy nearing reopening, the negative consequences to grocery workers,
neighborhoods and the grocery industry.
Cecilia Cruz, Stater Bros. Market employee, commented in support of Hero Pay for essential
workers. She commented regarding the mental health and safety of grocery workers, minimum wages,
industry profits and lost lives due to COVID-19.
David Bowers, resident, commented regarding the policy, decision and the precedent being set
for future Council Members. He commented in opposition to adopting a Hero Pay ordinance.
Susan Sotello, resident, commented regarding President Biden's robust promise and in support
of Hero Pay.
Brian Heyman, resident, commented in opposition of a Hero Pay ordinance. He commented
regarding repercussions to customers if a Hero Pay Ordinance is adopted.
Rodolfo Cortes Barragan, non-resident, commented regarding political figures and in support of
Hero Pay.
Robin, Rite Aid employee, commented regarding essential workers exposure to COVID-19 by
customers refusing to wear facial coverings and in support of Hero Pay.
Viviana, resident, commented in support of Hero Pay. She commented regarding the COVID-19
Health and Safety protocols being enforced.
Maria, Ralph's employee, commented regarding public comment double time for non-English
speakers and in support of the Hero Pay for grocery store employees.
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Regular Meeting — May 11, 2021 10
It was moved by Council Member Ashton, seconded by Mayor Pro Tern Pacheco and carried 4-
0-1, with Mayor Frometa absent to request staff to research and collect additional information and
return with a report to the City Council in order for the City Council to continue the dialogue on this
9. DISCUSSED A PRESENTATION BY L.A. CADA REGARDING LGBTQ PRIDE ElnEj
Richard Carmel, LACADA, provided the presentation for the Downey Pride Family Picnic
(Picnic). He stated the Picnic is being held in collaboration with Los Angeles Centers for Alcohol and
Drug Abuse (LACADA) and the City of Downey. He commented on the State moving out of the Yellow
Tier on June 19. He said LACADA and staff anticipate L.A. County's Department of Public Health's
Orders to align with the State. He commented regarding the meeting with City Staff where tentative
dates and times were identified; and, the Vision for the Picnic being focused on youth, raise community
support and awareness for LGBTQ and youth. The Picnic will provide nonprofit resource information
booths, free food, prize raffles, music and other fun activities for over 1,000 individuals and their
families. Discussions also included Apollo and Furman Parks as possible locations; City fee waiver;
security; personnel and reimbursement for Downey staff time; the permitting process for large tents and
no permit requirements for small tents; and, identifying event supporters and potential Pride
partnerships. He commented regarding pending action items such as L.A. County's Department of
Public Health restrictions being modified, as of today only groups of 100 can meet; request support
from Supervisor Hahn, contact corporate and non-profit sponsors and identify vendors.
Council Member Ashton thanked Mr. Carmel for the presentation. He stated assuming L.A.
County moves beyond the Yellow Tier and the Picnic occurs in July will there be sufficient time to
properly market the Picnic, ensure the Picnic is safe and successful or should the Picnic be scheduled
for a date in August pending the County's approval. Mr. Carmel stated LACADA is confident and
prepared to host a safe and successful Picnic. He stated the marketing of the event may suffer a
Mayor Pro Tern Pacheco asked City Clerk Duarte if there was any written correspondence
received regarding Item No. 9. Mayor Pro Tern Pacheco asked City Clerk Duarte if there was anyone
:*n the teleconference line who would like to comment regarding Item No. 9.
Lizette Alvarez, resident, submitted written comments in support of Pride Month and a Downey
Pride Family Picnic.
Resident, no name provided, submitted written comments in opposition of a Downey Pride
Family Picnic during the pandemic. He commented regarding the safety of the community and offered
Imelda lbarra, resident, submitted written comments in opposition of a Downey Pride Family
Eun Choi, resident, submitted written comments in opposition of a Downey Pride Family Picnic
f. nd Pride Month.
Sandi Padilla, resident, submitted written comments in opposition of a Downey Pride Family
Picnic. She thanked Mayor Frometa for supporting the faith community.
City Council Minutes
Teofy Aguilar, resident, submitted written comments in opposition of Pride Month and a DownEl
�',ride Family Picnic.
Brian Heyman, resident, commented against utilizing Furman Park for the Picnic due to t
potential parking issues and stated Apollo Park offers on -site parking and the adjacent Rancho L
Amigos South Campus could be used for overflow parking. I
Gabriela, resident, commented in opposition of a Downey Pride Family Picnic. She stated t
public health risks of hosting the Picnic during a pandemic and requested an inclusive event for
families in the community. I
Sun Lee, resident, commented in opposition of Pride Month and a Downey Pride Family Picni
He thanked Mayor Frometa for supporting the entire Downey community and asked Mayor Pro Te
Pacheco to stand strong when voting. I
Alex Contreras, non-resident, commented in support of a Downey Pride Family Picnic and
acceptance for the LGBTQ community. She thanked Council Members Alvarez, Ashton and Trujillo for
their support and acceptance of the LGBTQ community.
Council Member Ashton asked if there is a Council subcommittee overseeing the Picnic.
Assistant City Manager Oskoui stated there was not. He commented regarding the previous City
Council Meeting where it was agreed the City would provide a space and waive fees, and the pending
issue was the timeline due to COVID-19 concerns and when the Picnic would be scheduled without
jeopardizing the public's safety. It was agreed the item would return before the City Council to discuss
the date of the event and the location.
Council Member Ashton stated the Council does need to take action since the event planning is
continuing to move forward.
Assistant City Manager Oskoui requested confirmation regarding the parameters for the location
and the date certain to return for Council approval. He stated staff is currently working with LACADA to
finalize a location and date, and staff will return to City Council with a report
Mayor Pro Tern Pacheco confirmed she was of the same understanding as Assistant City
Manager Oskoui.
Assistant to the City Manager De Rojas stated this event will be treated similar to any other non-
profit event. LACADA will go through the process of preparing a site plan and design to clearly identify
the layout for the Picnic and return to meet with City staff. She mentioned last week staff met to ensure
every department is aware of what has occurred and discussed any pending items requiring approval
and to provide guidance.
Assistant City Manager Oskoui stated there is no need for any Council action and the event will
be processed administratively. Staff will return to the Council to provide a report on the final date, time
and location of the Picnic.
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Regular Meeting — May 11.2021 12
Council Member Alvarez thanked City staff, LACADA, and her Council colleagues for accepti
the Picnic. I
NON -AGENDA PUBLIC COMMENT
Mayor Pro Tern Pacheco asked City Clerk Duarte if any written public comments were received
regarding Non -Agenda items. Mayor Pro Tern Pacheco asked City Clerk Duarte if there was anyone on
the teleconference line who would like to comment regarding Non -Agenda items.
Isela Obando, resident, submitted written comments thanking Mayor Frometa for her leadership
and for addressing the illegal dumping and trash in District 3.
Lee Squire, resident, submitted written comments regarding National Police Week. He thank
the Downey Police Officers for their service to the community. i
T.D., resident, submitted written comments regarding the resignation of Council Memb-Y2
Lissette Rivera, resident, submitted written comments in opposition of the event that took place
at Apollo Park hosted by Council Member Alvarez violating COVID-19 protocols and placing residents
safety in jeopardy.
Armando Herman, non-resident, commented regarding freedom of speech, public officials, the
homeless crisis, and COVID-19.
Barbaro Rodriguez, resident, commented regarding new construction and poor repaving of
Paramount Blvd. near the railroad tracks; homeless encampments; trash left by the homeless in the
parks; and, the Police Officers inability to remove the personal items left on public property. He stated
the Police Department should not arrest the homeless Veterans rather the Officers should be prepared
to provide assistance.
Assistant City Manager Oskoui commented regarding Southern California Edison's (SCE)
construction on Paramount Blvd. He stated the construction was temporarily paused and SCE placed a
temporary patch over their utility cuts until the work can be resumed and finalized.
Director Consunji confirmed SCE is conducting the construction on Paramount Blvd. and SCE is
required to resurface the asphalt pavement and restore the pavement to its original condition upon
completion of the project. He stated the reason for the temporary patch being placed was due to SCE's
work being delayed due to asbestos which requires proper abatement.
Chief Milligan stated when Police Officers respond to calls regarding abandoned property left
behind by homeless individuals the Officer is required to inventory and properly store the property for a
minimum period of time. The Officer is not allowed to dispose of the property until sufficient time has
;tassed to allow the individual to reclaim their property. He stated the only time anything can be
.mmediately disposed of is when it is obvious debris.
Maria, resident, commented regarding the screen displayed through Zoom and requested to see
the dais; Ralph M. Brown Act violations; human rights; First Amendment; and, public comment time
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Regular Meeting — May 11.2O21 13
3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS Tdf,'
THE AGREEMENT.
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Mayor Pro Tern Pacheco adjourned the Regular City Council Meeting at 11:09 p.m. in memory
of Staff Sergeant Christopher F. Pantos, 55, of Richmond, Virginia; the lives affected in Columbia; and,
tWe lives lost due to COVID-19.
CLAUDIA M, FROA
Mayor
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Regular Meeting — May 11, 2021 15