HomeMy WebLinkAboutMinutes 02-08-22 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
U FEBRUARY 8,2022
The City Council of the City of Downey held a Regular City Council Meeting on February 8, 2022,
at 6:45 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Pacheco presiding.
Blanca Pacheco
Sean Ashton
Catherine Alvarez
Claudia M. Fnonneta
Mario Trujillo
ALSO PRESENT/ Gilbert Livao.City Manager
John {]ekoui.Assistant City Manager
Yvette K8.AbiohGarcia, City Attorney
Aldo E. Schindler, Deputy City K8anmQer/CommunitvOeue|opment
Leslie Murray, Chief ofPolice
Dan Hur|ooh, Fine Chief
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Jason Chacon. Interim Director ofParks & Recreation
Anil Gandhy, Director mfFinance
James K8oCjueen, Director ofHuman Resources
Alicia C)uarte, CK8C, City Clerk
The Invocation was delivered by Council Member Frometa. The Pledge of Allegiance was led by
Fire Chief Hudoch.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo provided an update on the Trujillo BRASS m|an, which includes
assembling the Downey Connect Task Force tobring broadband internet to residents and obtain funding
to improve residential atneets, repave a|k*yo, and sidewalks. He thanked staff for the sidewalk
improvements currently underway. He requested an update onstreetlights and directed staff to identify
10 locations where residents would like additional lighting. He reported attending a meeting with the
[}om/ntmvvn Downey Improvement Association. He asked staff to nyaeonch e potential revenue stream
from filming. He requested a report regarding a possible community garden and suggested the plot of
land could come from Andrews Rancho. City K8sneQer L|was responded that staff ia in the process of
researching locations and will return with a report to the Council. Council Member Trujillo|nV|tedneoidents
tothe Sister Cities Social scheduled for February 23mtC)|eReetobar.
Council Member Fronne1a reported her attendance etthe Swearing -in Ceremony ofDovvnmy'sfirst
female Police Chief Leslie Murray and her attendance edthe National Association ofHispanic Real Estate
Agents dinner. She directed staff to coordinate efforts with appropriate agencies regarding the homeless
encampment near the Lakewood Blvd. off -ramp of the 1-5 freeway. She directed staff to contact
businesses with flashing lights in their windows and inform them of the City's policies in the Municipal
City Council Minutes
FebruaryCode. She directed staff to address potholes on Florence Ave. between Brookshire Ave. and Paramount
Blvd. She requested staff continue to speed enforcement in the City major thoroughfares.
Council Member Alvarez thanked the Shower of Hope, Supervisor Janice Hahn, and City staff for
bringing the event to Downey. She asked staff to leave the art exhibition displayed at City Hall until the
Council• torecognizeon day.
Mayor Pacheco congratulated Priscila Coronado on being the -first Latina president of the Harvard
Law Review and stated Ms. Coronado would be recognized at a future Council meeting. She reported
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to contact Sacramento regarding this issue if necessary. She requested that staff research a policy on
Project Labor Agreements (PLA) or community workforce agreements for projects in Downey. She noted
that surrounding cities have done so, ensuring local hire and supporting apprenticeship programs. She
requested staff schedule a meeting for the Rio Hondo Golf Course Subcommittee to discuss fees for
nonprofit organizations.
MayorCouncil Member Frometa directed staff to contact the owner of the former Denny's building to
address possible squatters and graffiti as they pose a possible safety concern.
Pachecoannouncedthat KN95masks andhandsanitizer willbedistributed to the
communityf . Community s Senior Center.
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1. MUNICIPAL CODE AMENDMENTSTO COMPLY WITH SENATE BILL 9: Community
Development.
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CouncilCity -
Trevor Rodriguez, resident, requested an advocate to help residents understand State laws ar
expressed his concern about the subjective nature of the proposed Ordinance.
Garrett Rodriguez, resident, expressed his concern regarding the restrictions imposed in tl
proposed Ordinance and other possible issues in the implementation process.
Darren Rodriguez, resident, requested to clarify some questions and expressed his concei
regarding cases which may be left to staff judgement.
Cheri Eads, resident, expressed her concerns about possible contradiction to the State's intentic
of increased housing, devastation of the architectural appearance of the neighborhood, incorre
information, confusion and ambiguity, and the subjective implications of the proposed Ordinance.
Jim Rodriguez, residents, expressed his concern the proposed Ordinance and its implementatic
could lead to overwhelming obstacles to the well -intended homeowner who wants to provide addition
housing on their own property.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who wou
like to comment regarding the Public Hearing item.
BC, resident, commented in opposition to duplexes in Downey and expressed his support fi
single-family dwellings.
Council Member Alvarez left the City Council Meeting at 7:31 p.m.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and so orderE
by the Mayor to close the public hearing at 7:31 p.m.
Mayor Pro Tern Ashton clarified that the proposed Ordinance was not instigated by the City b
was created to conform to State law. City Manager Livas confirmed that the Ordinance is in response 1i
a State mandate.
Council Member Trujillo requested staff clarify the process and next steps after introducing the
Ordinance. City Attorney AbiohGarcia responded that the next step would te to adopt the Ordinance at
the next Council Meeting. Council Member Trujillo referenced concerns raised in K8c Jinn RodhQuez's
oonnrnente regarding maintaining the character of DoVvney's neighborhoods and the Cib/e control over
the process. He stated that he lives in o duplex and that new duplexes would be coming to Downey. He
asked about the deadline tocomply with SIB S'emandates. City Planner Landevezoresponded that this
law was very new and brings about questions about different scenarios. She explained that Ordinance
has a large number ofsections, eubeectionm, and provisions to accommodate these scenarios. When
drafting the Ondinenoe, staff kept objective design standards in mind and removed discretion in those
City Council Minutes
areas. She stated that staff is encouraging one-story development to address the community's concerns
regarding masses. However, there are provisions regarding two-story developments. She went on to
state that since the Urgency Ordinance was adopted, staff has worked with residents to provide an
understanding of what steps are necessary to move forward. Council Member Trujillo directed staff to
arrange a meeting between himself, Planning staff, and Mr. Rodriguez. He stated his intent to work with
residents and make the process more resident -friendly.
Mayor Pacheco clarified that the purpose of the Ordinance is to maintain as much local control
as possible and may be a separate matter than the issue brought up by Council Member Trujillo. City
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Council Member Trujillo requested to invite the other persons who submitted public comment on
the item. He thanked members of the public for submitting public comment and further stated that he
trusts staff to protect neighborhoods.
It was moved by Mayor Pro Tern Ashton, seconded by Council Member Frometa, and carried
0 with Council Member Alvarez absent, to introduce an Ordinance of the City Council of the City
Downey adding Section 9965 to Chapter 9 of Article IX of the Downey Municipal Code relating to Urbi
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2. ADOPTED 2021-2029 HOUSING ELEMENT UPDATE AND CORRESPONDING CALIFORNIA
ENVIRONMENTAL QUALITY ACT INITIAL STUDY/NEGATIVE DECLARATION: Community
Development.
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City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Memb
Frometa, seconded by Council Member Trujillo, and carried 4-0 with Council Member Alvarez absent,
receive and file. I,
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is different due to higher �HNA num'bers, new laws establishing more stringent requirements, and
challenges due to limitations on public meetings during the pandemic. She explained the components of
the Housing Element and how they are used to develop the Housing Plan. She noted that community
participation is a key part of the Housing Element update and residents were engaged through two
workshops, a community survey, and a webpage. The community was notified of meetings and
participation opportunities through the City's social media accounts in both English and Spanish, emails
from the Parks and Recreation Department, postings in utility bills, and on the City's website. To ensure
City Council Minutes
Regular Meeting — February 8, 2022 4
the City made a diligent effort to reach persons in lower -income households and special needs residents
such as the elderly, the City notified a list of agencies that serve the Downey community and surrounding
areas. Key themes that emerged from public participation included the need for more affordable multiple -
family housing, consideration of the most vulnerable residents, housing near transit and transit -oriented
development, revisiting the City's land use policies, less restrictive development standards, supporting
Accessory Dwelling Units (ADU) and tiny house development, climate change issues, and parking,
safety, and traffic concerns.
opportunities in new areas such as commercial centers and commercial corridors. She identified ho
these strategies addressed responses from the community survey and workshops. She explained ho
these changes would incentivize redevelopment. She provided the estimated numbers from the RHN
inventory, which would include a small surplus to account for development that may not occur
Ms. Gonzalez detailed the goals, policies, and programs of the Housing Element Plan. She stated
that aspects of the previous Housing Element Plan were updated based on current information and new
programs were added in response to new needs or new laws. She listed areas to be addressed: what
actions need to be taken to make sure adequate land is available to meet the City's housing needs, how
to encourage eve opment o ousing or ower- ncome and special needs households, constraints on
housing development, how to help con serve/i m prove housing in Downey, and equal opportunities for all
persons and fair housing. She listed how existing and new programs addressed these goals. She
provided an overview of the Housing Element update process and how public input was incorporated in
each step. She detailed how the Housing Element was revised in response to comments from the
Department of Housing and Community Development (HCD) and stated that staff will continue to
coordinate with HCD.
Council Member Fmmeta thanked staff and emphasized the importance of community
engagement. She noted that 991 individuals pmdUo|ooted in the community outreach events and
encouraged residents tocommunicate their needs bzthe City.
K8eYor Pacheco opened this item for public comment. Mayor Pacheco asked City Clerk Duarte if
there were any written nmnnnnente received regarding this item. City Clerk Duarte confirmed one written
comment was received.
Matthew {3e|fmnd. Californians for Homeownership, commented to express concerns about non -
vacant sites included on the C|tv'm sites inventory and urged Council to continue the item 1V revise the
Housing Element.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would
like tocomment regarding the Public Hearing item.
Rodolfo Cortes Barragan, non-resident, expressed his concerns regarding the survey conducted
and felt the survey was not representative ofthe community.
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Regular Meeting — February 8.2O22 5
Armando Herman, non-resident, commented about the lack of affordable housing and the numb
of responses to the community survey.
Juan Martinez, resident, questioned the statistics presented and implored the Council to stay
full compliance of the State's requirements.
BC, resident, requested to preserve historic sites in Downey.
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Housing Element is compliant.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and so ordered
by the Mayor to close the Public Hearing at 8:32 p.m.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 4-
with Council Member Alvarez absent- to
of the City of Downey adopting a California Environmental Quality Act Negative Declaration and General
Plan Amendment thereby updating the Housing Element for the 2021-2029 Sixth Regional Housing
Needs Assessment Cycle.
3. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE DRAFT
MAP FOR ELECTION DISTRICT BOUNDARIES: Administration.
Mayor Pacheco opened the Public Hearing at 8:33 p.m.
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receive and file.
Consultant Doug Johnson of National Demographics Corporation (NDC) presented the st
report. He provided a summary of the demographics of the existing districts and explained the chang
necessary to balance the population of each district. He explained the proposed changes to t
boundaries between District 1 and District 4 and to the boundaries between District 3 and District 4.
stated that this would increase the population in District I and balance the population in each District.
Council Member Frometa noted that this map was reviewed at the previous Council Meeting a
made the most sense.
Mayor Pacheco opened this item for public comment. Mayor Pacheco asked City Clerk Duarte
there were ano written comments received rega
correspondence was received for this item. Mayor Pacheco asked City Clerk Duarte if there was anyo
on the teleconference line who would like to comment regarding the Public Hearing item.
No name provided stated expressed his belief that elections are rigged.
Armando Herman, non-resident, commented off -topic.
Rodolfo Cortes Barragan, non-resident, expressed concerns about representation for residen
who have not graduated from high school and Spanish speakers. He also expressed concern abo
corruption and rigged elections.
Resident, no name provided, requested information regarding dissolution of the District 5.
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Regular Meeting — February 8, 2022 6
it was moved by Council Member Frometa, seconded by Council Member Trujillo, and so orderei
by the Mayor to close the Public Hearing at 8:47 p.m.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Ashton, and carried 4-
0, with Council Member Alvarez absent, to receive and file public input on the draft map for election
Xistrict boundaries.
Mayor Pacheco asked City Clerk Duarte if any written public comments were received regardirlm
Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed four written commen
were received. i
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Volunteers Recall George Gascon Petition Signing Kick-off event.
Fatima Baqi commented regarding an incident in which a person was jailed for three days aft-'"
an illegal warrant in 2015, the Downey Police Department police scorecard, and the constitutional rig
to due process. i
Maria Lam, resident, requested assistance with parents from Rio San Gabriel Elementary
blocking her driveway.
Mayor Pacheco asked City Clerk Duarte if there were any calls for public comment regarding
Agenda, Consent Calendar and Non -Agenda items.
Armando Herman, non-resident, commented on the City Council and the presidential
administration.
Resident, no name provided, asked staff, Council, and commissioners to abide by ma"
guidelines. He commented about Council Member Frometa's re-election campaign and the need for ne
Council Members. He commented on City Manager Livas's resignation and his performance as ci
manager. He commented in support of comments made by Ms. Baqi and regarding dissolution of Distri
5. 11
Jang Lee commented in opposition to Covid-19 and masking requirements. He also commented
regarding the California School Choice movement.
Rodolfo Cortes Barragan, non-resident, commented regarding 2022 being an election year, the
importance of engagement of young people, and the need for progress in Downey.
Alistair Hunter, resident, commented regarding the Stay Gallery exhibit and commented in support
of the Arts and Culture Subcommittee Planning Workshop proposed in Item No. 15.
BC, resident, commented in opposition to the mask mandate and shutdowns, financial support of
the Stay Gallery, the Pride flag and Pride Picnic, the Mayor, and the President.
Leticia Vasquez -Wilson, Central Basin Water Board, commented on the Kessner lawsuit and
urged the Council Members to carefully look at the City's rate structure and water quality.
City Council Minutes
Regular Meeting - February 8, 2022 7
Maving no • - else, it was moved by •Member• -seconded by •Member
Non -
Agenda
Council- •- • abstained from ItemNo. 4, Regular City CouncilMeeting Minutes of
January 12, 2022, as he and, abstained from Item No. 11 • - to commercial properties
owns in the
It was moved by Council Member Frometa, seconded by Council Member Trujillo and carried
r with Councilr Alvarez andMayor•TernAshton • • approvetheremainder of
ISSUED:Consent Calendar, and, with Council Member Trujillo abstaining from Item No. 11.
5. WARRANTS Warrant Nos..r r Payroll Numbers rrr. •
of $3,429,042.76: Finance.
ACCEPTED6. WORK FOR FOSTER BRIDGEi RIVERGROVE r` AND GLENCLIFF ■-
PAVEMENT •N; APPROVED FINAL CONSTRUCTIONCONTRACT
AMOUNT OF $334,094.22; AND, AUTHORIZED THE PUBLIC WORKS DIRECTOR/Cl
ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT N
1 1): Public Works.
7. AUTHORIZED OF • s FROM `
SAFETY i SUPPLY, LLC IN THE AMOUNT OF $12,091.97:
MAYOR8. APPROVED AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND OCLC, INC. TO ACCE
AUTOMATED DATABASE AND EXPANDED INTER -LIBRARY LOAN SERVICES; AUTHORIZE
THE AND, AUTHORIZED THE CITY MANAGER Tr#t
AMENDMENTS:EXECUTE ANY Library.
9. APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LOCALITYi r
FIRST DUE TO PROVIDE RECORDS• • • THE FI
-
rEPARTMENT; AUTHORIZED THE MAYOR TO EXECUTE THE - •
• r i i i i':NECESSARY: Fire.
10. STATE OF CALIFORNIA"MANENT LOCAL HOUSING• i rCommunity
Development.
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CouncilCity M1-1
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"regular •Februarys 2022
ADOPTED RESOLUTION NO. 22-8051, A RESOLUTION OF THE CITY COUNCIL OF
CITY OF DOWNEY DECLARING PURSUANT ,• GOVERNMENT CODESECTION
LAND,THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT ASSESSOR PARC
NUMBER 6266-002-900, COMMONLY KNOWN AS DOWNEY PUBLIC PARKING LOT NO.
IS EXEMPT SURPLUS AND FINDING THAT SUCH i • r
ENVIRONMENTALAUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALiFORNI,
QUALITY
RATIFIED14. THE EXPENDITUREr TO THE GOLF•• • •- THE
RANCHO LOS AMIGOS FOUNDATION 31 ST ANNUAL LOS AMIGOS RANCHO GOLF CLASSIC
WHICH WAS r ON OCTOBER1 iiCOUNTRY
WHITTIER, CA.: Council f ' •
It was moved by Council Member Frometa, seconded by Council Member Trujillo, carried 3-0,
with Council Member Alvarez and Mayor Pro Tern Ashton absent, to approve the minutes of the Special
Meeting of November 16, 2021.
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Mayor Pacheco asked the Council whether they would like to to move forward with the Resolution.
She suggested moving forward with the Resolution for the next 30 days.
Council Member Trujillo agreed with extending the authorization for an additional 30 days and
reminded the public that they can reach the Council
Mayor Pro Tern Ashton stated it would be prudent to extend the authorization for an additional 30
•.ys ti allow the Omicron • pass.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, carried 4-0, with
Council Member Alvarez absent, to adopt Resolution No. 22-8052, a Resolution of the City Council of
the City of Downey f the findings• •o AB 361 and re -authorizing use of i`
teleconferencing for an additionaldays.
13. ADOPTED ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH SIFI NETWORKS
DOWNEY, LLC FOR• OF , CITYWIDE FIBER OPTIC NETWORK• _+ •_ TO EXECUTE THE DEVELOPMENT - AND, AUTHORIZE
THE CITY MANAGER • EXECUTE ANY AND Public Works.
ADOPT ORDINANCE NO. ORDINANCE OF • OF
OF DOWNEY APPROVING A DEVELOPMENT AGREEMENT WITH SIM NETWOR
DOWNEY, LLC FOR IMPLEMENTATION OF i " FIBER OPTIC NETWORK
CouncilCity
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speed network through a third -party provider. He further elaborated that this would enable Downey
become a Smart City and allow residents and businesses to access high speed internet.
Mayor Pacheco confirmed that this would not incur a cost to the City and asked if the City cou
institute a local hire policy. City Manager Livas responded that the City would not be able to institute
local hire policy as it does not have an agreement governing this particular issue and the vendor wou
be responsible for all costs.
Council Member Frometa commented that this project requires a concerted effort to coordina
with street improvements. City Manager Livas confirmed the project will be coordinated with stre
improvements and noted that a micro -trenching technique is used to minimize digging.
Mayor Pacheco asked if this Ordinance would enable to the City to offer free Wi-Fi at the loc
parks. City Manager Livas responded that it would allow the City to have access to fiber optic cabi
closer to the parks. Mayor Pacheco directed staff to draft a press release to send to the media.
Mayor Pro Tern Ashton clarified that this would allow households and businesses to access hi
speed internet after the four-year installation period.
It was moved by Mayor Pro Tern Ashton, seconded by Council Member Frometa, carried 4-0, wi
Council Member Alvarez absent, to adopt Ordinance No. 22-1477, an Ordinance of the City Council
the City of Downey approving a Development Agreement with SiFi Networks Downey, LLC
implementation off a Citywide Fiber Optic Network System.
ADMINISTRATIVE REPORTS
15. DISCUSSED A RECOMMENDATION MADE BY THE MEMBERS OF THE ARTS AND CULTU
SUBCOMMITTEE TO CONDUCT A PLANNING WORKSHOP ON FEBRUARY 24, 2022 AN
PROVIDED DIRECTION TO STAFF: Administration.
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a workshop over the course of the discussion. He announced the tentative date of February 24, 20
and that stakeholders in the City would receive an invitation to attend. He informed Council th
authorization is requested to allocate $4,000 towards a facilitator to guide the discussion and incidentS
costs for hosting the workshop.
Council Member Trujillo thanked Mr. Oskoui for organizing all stakeholders interested in art
culture, and history in Downey. He stated that the City is being mindful regarding use of funds.
Council Member Frometa commented on Downey's rich history and the vital role of a facilitator
guide the process efficiently and equally.
Mayor Pacheco commented on the qualifications of the facilitator, Tomas Benitez,
Uity Council Minutes
Regular Meeting - February 8, 2022 10
Mayor Pro Tern Ashton commented that the workshop will be instrumental in giving form to the
process of expanding arts and culture in Downey. He expressed his hopes for a more efficient use of
Stay Gallery as a result of the workshop.
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years of service; and, the lives lost due to COVI D-1 9.
MARIA ALICIA DUARTE, CIVIC
LANC;k7P CHECO
City Clerk Mayor
City Council Minutes
Regular Meeting — February 8, 2022