HomeMy WebLinkAboutMinutes 05-25-21 Regular MeetingMINUTES • THE
CITY • • THE CITY • r•
REGULAR MEETING
MAY 25, 2021 1
The City Council of the City of Downey held a Regular City Council Meeting on May 25, 2021, at
6:43 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Frometa presiding.
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Council Members:
Claudia M. Frometa
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
Mayor
• Pro Tern
(teleconference)
• PRESENT: John Oskoui, Assistant City Manager
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 Pastor Dan Dutch, Desert Reign Church. The Pledge of
Allegiance was led • Mayor Pro Tern Pacheco.
1. Mayor Pro Tern Pacheco presented the Mayor's Impact Award to Sade Neri.
2. Mayor Frometa presented a Proclamation in honor of Mental Health Awareness Month to the
Downey Youth Commissioners.
3. Mayor Frometa presented a Proclamation to Compassion Project for embracing compassion and
creating a global civil society.
4. Mayor Frometa with assistance from Julia Emerson presented Certificates of Recognition to
Southern California Gas Scholarship Recipients.
5. Mayor Frometa with assistance from City Manager Livas presented a City Tile to retiring employee
with 30 years of service Mark McDaniel, Captain, Downey Police Department.
6. Presentation to the City Council by Jeff Prang, Los Angeles County Assessor.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Mayor Pro Tern Pacheco welcomed members of the public participating in the virtual meeting.
She reported attending the Grand Opening of Chick-fil-A on Lakewood Blvd. and stated she was
informed the Downey Chick-fil-A on Lakewood Blvd. is the highest income generating restaurant in the
City Council Minutes
Regular Meeting - May 25, 2021
Country. She also reported attending Downey City Library's Ribbon Cutting event and shared it is now
open at 50% capacity. She wished everyone a happy Memorial Day.
Council Member Ashton welcomed members of the public participating in the virtual meeting.
He mentioned receiving numerous communications from the residents regarding banning fireworks and
thanked the community for their comments. He announced he will host a Town Hall Meeting on June
17, 2021 to allow residents to ask questions and will provide City information.
Council Member Trujillo welcomed members of the public participating in the virtual meeting. He
invited the comm ni h i fD w A
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City Council Minutes
Regular Meeting — May 25, 2021 2
Ms. Flores provided a brief overview of the FY 2020-21 Action Plan to reallocate the CDBG
Cares Act funding (CDBG-CV). She stated on October 13, 2020 the City Council approved allocating
$247,122 of the CDBG-CV funding to five public service providers; however, one declined funding after
being informed of the reporting requirements leaving $20,000 unallocated. She stated tonight staff is
recommending the $20,000 be evenly distributed among the three non-profit public service providers
that received COVID-1 9 related CDBG-CV funds these are DUSD TLC - Emergency Basic Needs, The
Whole Child -Homeless Prevention Services, LACADA - Substance Abuse Assistance/Counseling, and
the fourth provider is the City's Senior Meals Program however at this time the program does not
require additional funding.
Director Schindler stated the entity that declined funding was FoodHelp based on the HUD
program reporting requirements and the limited amount of funding they would have received.
Mayor Frometa, at 8:19 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.
Lee Squire, resident, submitted written comments regarding compliance of Federal Regulations
governing the CDBG funding.
Armando Herman, non-resident, commented regarding programs for mental health services,
abused individuals, and community engagement.
Wayne Spindler, non-resident, commented regarding the number of non-profit organizations in
the City of Downey.
Barbaro Rodriguez, resident, commented regarding CDBG funding allocations, First
Amendment protections, and reallocating funds to assist the homeless.
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It was moved by Mayor Pro Tern Pacheco, seconded by Council Member Ashton and carried
5-0, to:
1) Approve the proposed FY 2021-22 Annual Action Plan and authorized the City Manager to
submit the document and the required Certification to the U.S. Department of Housing and
Urban Development;
2) Authorized 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 proposed FY 2021-22 Annual Action Plan,
Community Development Block Grant and Home Investment Partnership Grant Program,
including Subrecipient Grant contracts and agreements, based on the U.S. Department of
Housing and Urban Development's appropriation to the City; and,
3) Approved an amendment to the FY 2020-21 Annual Action Plan for reallocation of Community
Development Block Grant Cares Act (CDBG-CV) Public Services Funds, and authorized the
City Manager, or his designee, to execute any and all appropriate instruments, agreements,
and implementing documents, and to take any necessary or appropriate implementing actions
for the purposes of implementing this amendment.
City Council Minutes
Regular Meeting - May 25, 2021 5
ffilayor Frometa asked City Clerk Duarte if any written public comments were received regarding
Non -Agenda items. Mayor Frometa asked City Clerk Duarte if there was anyone on the teleconferen
line who would like to comment regarding Non -Agenda items.
Kevin Ezeh, resident, submitted written comments regarding freedom of speech and the publ
comments from Mr. Herman and Mr. Spindler.
Jorge Gonzalez, resident, submitted written comments regarding Kelterite Corporation du
pollution and an urgent health hazard in the City of Downey.
Lee Squire, resident, submitted written comments inviting the public to attend the Veteran's D
-vent at the Downey Cemetery on May 31, 2021 and the Veteran's Memorial located at Downey Ci
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Hall.
Alex Vargas, resident, submitted written comments regarding Council Member Alvarez's
demands for former Council Member Rodriguez's resignation for not attending City Council Meetings
due to illness and lack of attendance at the City Council Meetings due to her illness.
Ron and Jennifer Boren, residents, submitted written comments in opposition to the LGBTQ
Picnic and declaring June Pride Month by the Downey City Council. They thanked the City for the
recent hire of new police officers and firefighters and commented regarding littering, abandoned
shopping carts, transients, fireworks, and hiring additional Public Works staff to ensure the City is kept
clean and beautiful including improving decaying infrastructure.
Hava Buchanan, resident, submitted written comments in support of Pride Month and flying
Pride Flags at all City buildings.
Tori Real, resident, submitted written comments in support of Pride Month and flying Pride Flags
at all City buildings.
Tori Edwards, submitted written comments in support of Pride Month and flying Pride Flags at
all City buildings.
Fatima Baqi, non-resident, submitted written comments in support of Pride Month and flying
Pride Flags at all City buildings.
Crystal Carrera, resident, submitted written comments in support of Pride Month and flying Pride
Flags at all City buildings.
Sandra Padilla, resident, submitted written comments in opposition of the City Council
recognizing June as Pride Month.
Julie Rust, resident, submitted written comments in opposition of Pride Month,
Abby Chavez, resident, submitted written comments in support of Pride Month and flying Pride
Flags at all City buildings.
Alexandria Contreras, non-resident, submitted written comments in support of flying the Pride
Flags at all City buildings.
Bruce A. Crow, resident, submitted written comments regarding the Oath accepted when
becorning a United States CAL14UH.
City Council Minutes
Regular Meeting — May 25, 2021 6
Wayne Spindler, non-resident, commented regarding the First Amendment, respect, additional
Chick-fil-A franchises coming to Downey, Code violators, and the investigation of Council Member
Alvarez.
Barbaro Rodriguez, resident, commented regarding protections under the First and Fourteenth
Amendments, communism, public officials, ethic violations of elected officials via social Media postings,
and freedom of expression.
James Derda, resident, commented in opposition of the City hosting a LGBTQ picnic and Pride
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Rodolfo Cortes Barragan, non-resident, commented regarding the U.S. Constitution, freedom of
speech and the public comment period.
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Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding
Consent Calendar items. Mayor Frometa asked City Clerk Duarte if there was anyone on the
teleconference line who would like to comment regarding Consent Calendar items.
Louis Morales, resident, submitted written comments regarding Item No. 6, the specific
language regarding amending various Sections of Article IX of the Municipal Code specific to property
setbacks.
Wayne Spindler, non-resident, commented regarding opposition of approving Item Nos. 2, 5,
and 7; and, in support of Item Nos. 3 and 4.
Armando Herman, non-resident, commented regarding in opposition of approving the Consent
Calendar items.
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Council Member Trujillo thanked Mayor Frometa for her work on the Affordable Housing
Subcommittee; and, thanked staff for their work to create an inclusionary housing awareness plan to
require future developers that are unable to include affordable housing as part of their construction
project to pay into a fund to be used by the City for future affordable housing projects.
it was moved by Mayor Pro Tern Pacheco, seconded by Council Member Ashton, and carried 5-
0, to approve the Consent Calendar.
2. APPROVED MINUTES: Special Meeting of May 11, 2021; Regular Meetings of April 13, 2021: City
Clerk.
3. WARRANTS ISSUED: Warrant Nos. 351417 — 351722; EFT Nos. 10619 — 10649 Payroll Wire
Nos. 30004104, 30004108 & 30004110 — 30004112; Manual Wire Nos. 2127 — 2129, the total
amount of is $3,795,140.52: Finance.
City Council Minutes
Regular Meeting — May 25, 2021 7
employer provide a written notice to its employees of the rights set forth in the urgency ordinance. The
urgency ordinance would remain in effect for 60 days upon adoption. She provided a list of grocery and
pharmacy stores that would potentially be covered by the ordinance in the staff report.
City Attorney Abich Garcia reported staff was unable to confirm how a hero pay ordinance
would impact grocery stores. However, staff received correspondence from Amapola Deli & Market and
the California Grocers Association. She stated nine cities that adopted a hero pay ordinance are
currently in litigation. She added the California Grocers Association's attorneys have submitted
correspondence indicating their position about hero pay ordinances being unconstitutional or otherwise
• with Federal Law.
Council Member Ashton inquired if the list of stores provided with the staff report was complete
because his impression is that Stater Bros. should have been included in the list; and, why Amapola
Deli & Market was added since it is a smaller chain of grocery store. City Manager Livas confirmed
Stater Bros. will be added to the list; and, Amapola Deli & Market was added because they met the
threshold of over 300 employees.
Council Member Ashton requested confirmation regarding the language in the proposed
ordinance affixed to the minimum wage requirements being restrictive and only allows for employees
making the exact $14 per hour minimum wage amount to be covered under the ordinance and any
employee making even a cent more would not. City Attorney Abich Garcia confirmed the proposed
ordinance only cover employees earning the $14 per hour minimum wage and the proposed ordinance
does not provide any Premium Payment Requirements for employees earning $14.01 or more.
City Manager Livas stated the challenge in creating the proposed ordinance is the need to have
a fixed dollar amount as the baseline for employers to comply with.
Council Member Ashton stated he understood the ordinance could provide a wage range with a
baseline being the $18 wage threshold employees would be entitled to. He stated the range could be all
employees earing $14 to $18 per hour to be increased to the $18 cap so everyone in the range can
earn up to the $18. City Manager Livas stated the challenge will be during the negotiations and there
will always be an individual that believes they are deserving of the temporary premium pay.
City Attorney Abich Garcia stated the majority of the ordinances do not include the minimum
wage language rather the ordinances refer to specifics as to hours worked in a covered week for a
covered employer.
Council Member Alvarez inquired as to the number of workers earning minimum wage. City
Manager Livas stated the City does not have that information and this is the reason the staff is unable
to provide accurate information regarding the impact the ordinance will have on the covered employers.
Council Member Trujillo inquired why the ordinance is considered an urgency ordinance as
opposed to a regular ordinance. City Attorney Abich Garcia stated she proposed the urgency ordinance
due to the current situation with the pandemic and the reopening of the State. If staff had brought
forward a regular ordinance it would only require 3 votes of the Council but would not go into effect until
44 days after the first reading. In 44 days the situation with the pandemic will change and the basis for
the findings to justify implementing the ordinance may no longer exist when the ordinance becomes
effective. With the urgency ordinance it will align with the other cities' ordinances that are still in effect
and set to terminate at the same time. She added there is still a hazard and the employees are at risk.
The risk component is one of the findings of the ordinance and if they no longer exist in 44 days then
the ordinance becomes difficult to defend if challenged. She commented regarding the Council's
direction to provide immediate relief to those employees at risk and not make them wait 44 days for the
ordinance to become effective and that is why she proposed an urgency ordinance.
City Council Minutes
Regular Meeting — May 25, 2021 9
William F. Tarantino, Morrison & Foerster, submitted written comments in opposition to the
consideration of a Hero Pay ordinance. He commented regarding the ordinance compelling grocers in
Downey to spend less on public health protections in order to avoid losses that could lead to closures.
John Lacey, resident, submitted written comments thanking the frontline workers for their
continued efforts; and, commented in opposition to the proposed urgency ordinance.
Rachel Michelin, California Retailers Association, submitted written comments in opposition to
the proposed grocery worker's premium pay ordinance citing numerous unintended negative
consequences of the mandated premium pay to grocery workers, neighborhoods and the grocery
industry based on both policy and legal reasons.
Resident, no name provided, submitted written comments in opposition to the Hero Pay
ordinance due to labor board issues, and the unintended negative consequences to grocery industry
and neighborhoods.
Crystal Carrera, resident, submitted written comments in support of the Hero Pay ordinance for
all minimum wage workers within the City.
Matthew Bell, UFCW Local 324, commented in opposition of the ordinance and stated the
ordinance provides a $4 per hour premium pay to all grocery industry employees placing their lives at
risk.
Wayne Spindler, non-resident, commented in support of the Hero Pay for essential workers.
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.
Joey Martinez, resident, commented in support of Hero Pay for essential workers.
Rodolfo Cortes Barragan, non-resident, commented in support of Hero Pay for essential
workers.
Armando Herman, non-resident commented in opposition of the Hero Pay ordinance for
essential workers.
John Lee, resident, commented in opposition of the Hero Pay ordinance. He commented
regarding legal implication of an ordinance and possible inflation repercussions.
David Bowers, resident, commented in opposition to the Hero Pay ordinance for essential
workers.
Resident, no name provided, commented in support of the Hero Pay ordinance for essential
workers.
Barbaro Rodriguez, resident, commented in support of the Hero Pay ordinance for essential
workers. He thanked the essential workers for their continued efforts.
Having no one else, Mayor Frometa closed public comment.
It was moved by Council Member Ashton, seconded by Council Member Alvarez and carried 3-
2, with Mayor Frometa and Mayor Pro Tern Pacheco voting no to table this item.
City Council Minutes
Regular Meeting — May 25, 2021 11
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City Manager Livas stated the Pride Picnic is scheduled for August 7, 2021 at Furman Park arE
clarified that the City is not sponsoring the Pride Picnic which is being sponsored by the non-proll
trganization LACADA.
Mayor Pro Tern Pacheco announced the Gangs Out of Downey backpack giveaway will be her -
tin August 7, 2021 at Golden Park.
Mayor Frometa adjourned the Regular City Council Meeting at 10:29 p.m. in memory of
Stockton Police Officer Jimmy Inn, 30, killed in the line of duty; and, t e ' es I• to VID-19.
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City Clerk Mayor
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Regular Meeting — May 25, 2021 12