HomeMy WebLinkAboutMinutes 10-26-21 Regular MeetingMINUTES OF THE
REGULAR MEETING
The City Council of the City of Downey held 8Regular City Council Meeting on October 26,
2021. at 0:33 p.m., in the Council Chambers of the Downey City Ha[ 11111 Brookshire Avenue,
Downey, California, Mayor Frometa presiding.
PRESENT: Council Members:
Claudia
M. Fromeba
Blanca Pacheco
Catherine Alvarez
Sean Ashton
Mario Trujillo
ALSO PRESENT Gilbert Livae.City Manager
John {Jskou|.Assistant City Manager
Yvette K8.AbiohGarcia, City Attorney
Aldo E. 8ohind|er, Deputy City Manager/Comm unity Development
Dean Milligan, Chief ofPolice
Dan Hudorh, Fine Chief
C)e|finnCons4 ji.Pub|icVVQrksC>irector
\/aniah De Rojas, Assistant tothe City Manager
Alicia Duarte, CK8C. City Clerk
The Invocation was delivered by Chris Fanniaonan of Seventh Day Adventist Church. The
Pledge of Allegiance was led by Kristy Vargas.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Trujillo provided an update Onthe Trujillo BRASS plan and his infrastructure
improvement goals. He requested free VVi-F| be made available to nlennbena of the nonnmnunhn at all
City Parks without requiring a City Library Card. He requested staff identify 10 locations where the City
needs additional street lights and requested staff research establishing a community theater for children
and adults. He requested staff identify additional methods to deter furniture dumping on the public right
ofway and requested the City hold anOpen House atthe Downey Theatre for Downey residents.
Mayor Frometa emphasized the importance of discussing City Council goals.
Council Member Alvarez thanked the audience for attending the City Council meeting. She
reported attending a tour of the Southern California Resource Services for Independent Living 8SCRS-
|LJ, a tour of8EAACA. the Fair Housing Foundation Workshop, the Freeway {Jf-F7anlp Clean-up, the
Downey Library Beyond the Book Fall Celebration, the Arts and Culture Subcommittee mneeting, and
the State of the City event. She requested staff hold additional Fair Housing Foundation Workshops
and provide a language interpreter at the workshops for those who do not speak English. She thanked
the public for attending the Hispanic Heritage exhibit at City Hall and requested the City provide
resources for a C>ie de |os K8uertom Art exhibit at City Hall. She commented regarding rent control and
affordable housing. She suggested hosting the State of the City event at a City facility to be made open
to the public. She announced Administrative Report |bann No. 14 would be tabled to a future City
Council meeting.
City Council Minutes
Mayor Pro Tern Pacheco welcomed the audience to the City Council meeting. She
acknowledged the Sarofeem family in attendance. She reported attending the Foot Locker Ribbon
Cutting Ceremony. She invited the public to attend the Downey High School v. Warren High School
game, the Dia de los Muertos Art Festival, and the Annual Halloween Pumpkin Patch event. She
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City Manager De Rojas informed the City Council of the dedicated webpage for the redistricting
process. Ms. De Rojas suggested adding a button on the City's homepage directing residents to the
redistricting webpage and noted that the redistricting webpage has been shared on the City's social
media platforms.
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the State of the City event. She commented regarding vaccination rates in Downey. She invited the
public to attend the Dia de los Muertos Art Festival, the Downey Fire Department Sound the Alarm
event, and the City's 65th Anniversary Celebration. She commented regarding issues including
addressing homelessness, engaging Caltrans in encampment and off -ramp clean-ups, and addressing
trash and illegal dumping. She requested staff create a campaign to educate the community on the
benefits of planting trees and asked that staff research creating an ordinance for the tree removal
process. She thanked staff for their hard work and asked the Police Department to continue speed
enforcement in major thoroughfares.
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1. Mayor Frometa presented the Mayor's Legacy Award to Alex Vargas, Gateway Cities Clergy
Representative.
2. Mayor Frometa presented the Mayor's Champion Award to the Sarofeem Family.
3. Mayor Frometa presented Certificates of Recognition to Artists participating in the City's National
Hispanic Heritage Month Celebration.
PUBLIC HEARINGS
1. COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN AMENDMENT AND NEW
APPLICATION: Community Development.
1) AUTHORIZED THE SUBMISSION OF AN AMENDMENT TO AN EXISTING U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAK
AGREEMENT;
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City Council Minutes
J",J1aL1LPRf-_ p --*)rtobpr 26 20M
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa,
seconded by Mayor Pro Tern Pacheco, and carried 4-0, with Council Member Ashton absent, to receive
and file the proof of publication.
Deputy City Manager Schindler presented the staff report for Item No. 1. He provided
overview of the history of the funding being allocated to develop of the Rancho Los Amigos Sou
Campus Sports Field Project and a summary of the project. He stated that the project costs were lo
than the initial estimate and the City has a savings of $500,000 to be used for the purpose
infrastructure, rehabilitation of public sites, economic development, or funding of debt service.
shared staffs recommendation to reallocate the remaining 108 Section Loan funding and an addition
$500,000 loan for a total of $1 million to fund the solar project at City facilities. He noted that fundi I enables staff to negotiate a lower power rate ($0.11 /kWh) and shelter the General Fund. He prov6
an overview of the solar project at various City facilities.
Mayor Frometa, at 7:46 p.m., opened this item for public comment. Mayor Frometa asked Ci
Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Cie
Duarte confirmed no written comments were received. Mayor Frometa asked if there was anyo
present who would like to comment on the Public Hearing item. I
Lee Squire, resident, commented regarding the funding source, repayment terms, and
recordings of the loans.
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It was moved by Mayor Frometa, seconded by Mayor Pro Tern Pacheco, and carried 4-0, with
Council Member Ashton absent, to adopt Resolution No. 21-8043, a Resolution of the City Council of
the City of Downey authorizing the City Manager to submit to the Department of Housing and Urban
Development an Amendment to an existing 108 Loan Agreement to reallocate $500,000 of funding, and
to submit a new 108 Loan Application for an additional $500,000 of funding, totaling $1 million in
funding, pursuant to Section 108 of the Housing and Community Development Act of 1974 as
amended.
12. DISCUSSION RELATED TO AN ORDINANCE REGULATING TARGETED RESIDENTIAM
PICKETING AND DIRECTION TO INTRODUCE AN ORDINANCE RELATED THERETO: May
Frometa. I
1) DISCUSSED A DRAFT ORDINANCE REGULATING TARGETED RESIDENTIAL
PICKETING; AND,
City Council Minutes
Regular Meeting — October 26, 2021 3
INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY • ■•
ADDING CHAPTER 13 ("TARGETED RESIDENTIAL PICKETING") OF ARTICLE IV
("PUBLIC WELFARE, MORALS, AND POLICY") OF THE DOWNEY MUNICIPAL CODE
TO ESTABLISH ■ • FOR TARGETED RESIDENTIAL
PICKETING
within a residential area because the standards applied are too high and there are other ways a city
may protect tranquility within a residential area without e blanket ban.
Council Member Trujillo expressed concerns regarding the impact on children and questioned
whether it would be constitutional to require a permit and limit residential picketing to school hours
when children would not be home. Mr. Eckert responded the greater the limitation on freedom of
speeoh, the higher the obligation of the City to ensure that it is a narrowly tailored |avv with annp|m
opportunities to picket. He stated that the issue with limiting to eohno| hours would be that it prevents
dissemination of the message to the residential community, which would be at school or work.
Council Member Trujillo inquired about c|Uao requiring a permit to protest in residential
neighborhoods and with ||nnitetimne to the date or time of the protest. Mr. Eokort responded that cities
have enacted aimn||er |axve and such |ovxe were declared unconstitutional. He cautioned that the City
must be careful about limiting the hours and causing delays or prohibiting protests if a permit were
required. He stated the City may need to prove the validity of its actions and meet constitutional
scrutiny.
Council Member Trujillo recalled a cmom in which the court denied the right to protest in front of
Gin Flags Magic Mountain. He asked to confirm that the proposed ordinance does not require a permit
and if m protest were to occur after 8 p.nn., residents may call the Police Department to report a
disturbance. Mayor Frome1a responded protests may constitute m violation of City noise regulations. Mr.
Eckert responded protests remain subject to all other |exvo and regulations including those prohibiting
impeding pedestrian and vehicle traffic and blocking sidewalks.
K8ovor Fnmmnata shared that the Los Angeles City Council adopted an ordinance prohibiting
picketing within 300 feet of e targeted residential dwelling and that the City of Long Beach adopted the
menne ordinance. She reiterated that the City is not banning picketing but asking protestors to be
mindful of the neighborhood. Mr. Eckart added the ordinance e||oxva for a private right of action for the
targeted individual tofile a o|vU |evveu|t.
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Mayor Pro Tern Pacheco questioned whether |avv enforcement would be responsible for
determining whether protestors are 300 feet from the dwelling. Mr. Eckert responded that law
enforcement would first need to determine whether the protest constitutes a targeted residential
picketing and then verify whether the protest is taking place within the DOD -foot buffer zone. If the
protest falls within the 300-fomt buffer zone, law enforcement would work with protestors to comply with
the |avv by moving outside of the buffer zone, and, failing to do op. would issue the appropriate citation.
Mayor Pro Tenn Pacheco asked about excessive noise from protestors compliant with the buffer zone.
Mr. Eckert responded that noise is not addressed in the ordinance but existing ordinances nagu|eto
amplified noise.
Council Member Alvarez commented regarding targeted residential picketing that occurred in
favor of rent control. She commented in opposition to the proposed ordinance and expressed concerns
regarding potential litigation. She commented in favor of First Amendment rights.
Mr. Eokartoonnmnented regarding judicial upholding of time, p|ama, and manner regulations on
free speech and balancing ofFirst Amendment rights with other rights and interests. He reiterated that
the proposed ordinance has been adopted by other jurisdictions and upheld by the courts.
Mayor Fronneta. at 8:22 p.m., opened this item for public comment. Mayor Fnomneta asked if
there was anyone present who would like to comment regarding Item No. 12.
Armando Hannan, non-reeidert, commented in opposition to |bern No. 12.
Lee Souina, reeidant, asked how the ordinance would affect private property rights and when the
private right ofaction would batriggered.
City Council Minutes
Regular Meeting - October 28.2O21 5
BC, resident, commented regarding protesting at places of business, private property rights, the
oposed distance of the buffer zone, and the Second Amendment.
Dorothy Pemberton, resident, commented regarding previous protests at Council Members'
homes and in support of Item No. 12.
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Resident, no name provided, commented regarding the effect on children, civility and respect,
and in support of Item No. 12.
Barbaro Rodriguez, resident, commented regarding the effect on children, the conduct
protestors, First Amendment rights, and the performance of the Council Members.
Nolveris Frometa, resident, commented regarding his experience with protests at his home, t
effect on children, and in support of Item No. 12.
Jean Thaxton, non-resident, commented regarding peaceful protests, the time and place
protests, and the reasons for protesting.
Rodolfo Cortes Barragan, non-resident, commented in opposition to Item No. 12 and potenti
-i
gation.
Mayor Frometa asked City Clerk Duarte if there was any written correspondence receiv
regarding Item No. 19. City Clerk Duarte confirmed two written comments were received. I
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Mayor Pro Tern Pacheco commented regarding the effect on her neighbors when a protest
*ccu rred at her home at 10 p.m.
Mayor Frometa stated that the ordinance would apply to current and future Council Members.
She commented regarding alternative methods of communicating with the City Council and encourageli
residents to reach out with concerns.
It was moved by Mayor Frometa, seconded by Mayor Pro Tern Pacheco, and carried 3-1, wils
Council Member Alvarez voting no and Council Member Ashton absent, to introduce an Ordinance
the City Council of the City of Downey adding Chapter 13 ("Targeted Residential Picketing") of Artic
IV ("Public Welfare, Morals, and Policy") of the Downey Municipal Code to establish Distan
Requirements for Targeted Residential Picketing.
City Council Minutes
Regular Meeting — October 26, 2021 6
Mayor FnJnnet8 asked if there was anyone present who would like to comment on Non -Agenda
items.
Armando Herman, non-remident, commented regarding free speech, elected offioia|o, fraud. and
People Assisting the Hunne|eem.
Virginia Rivos, Assistance League of Dovvnay, commented regarding Second Tume Around
Thrift Shop and expressed concerns regarding the temporary closure of the entrance to the 3 rd St.
Lam Souina, reoiderd, commented regarding the flying of flags on City #ogpo|em, his resignation
from the Measure S Oversight Committee, and critical race theory.
Kevin Eoeh, reeiden{, commented regarding City support of art organizations and facilitation of
art collaboration.
Jean Thawton, non-,meident, commented regarding the death ofher son, police refonn, and
protesting.
TenriThexton. non-reeidmnt, commented regarding officer involved ahmobngg, training of Police
offioeno, mental health, and protesting.
Alistair Hunter. resident, commented regarding the Downey Arts Coa|ition, National Hispanic
Heritage Month exhibit, and a Oia de |me yNuertoeArt installation at City Hall.
Andrew Harnendez, Downey Arts Coe|idon, commented regarding a C)ie de |os Muertom Art
installation etCity Hall.
&4atu, non-reeiden1, commented regarding the Department of Children and Family 8on/iPeg and
his child custody case.
Lisse1beRiveoa. resident, commented regarding Council Member Alvarez.
JanQ Lee, reniderd, commented regarding COV|C-19 vaccine mandates and the LQBT
movement.
BC, resident, commented regarding Council Member Aharez'o comments regarding rent
control, COVID-1 9 mandates, nuclear family structures, the Tongva tribe, and Christopher Columbus.
John Lacey, resident, quoted mpoem byEmily Dickinson.
Barbaro Rodhguaz, reoident, commented regarding e police report and code enforcement athis
apartment building.
Mayor FrOnneta referred Mr. Rodhguez'a concerns to Deputy City Manager Schindler. Mr.
Schindler responded that the Connrnundv Development Department has open cases and is in
communication with the City Prosecutor and the property management company for the apartment
complex. He shared that a meeting has been set up with the property owner and property manager.
Mayor Fmmeta suggested Council Member Alvarez work with Mc Schindler regarding this
motter. Council Member Alvarez responded she has advocated onbehalf ofresidents ofthe apartment
City Council Minutes
Mayor Frometa referred Mr. Rodriguez's concerns regarding his police report to Chief of Polic(;
Milligan. Chief Milligan responded the details of the case have been submitted to the appropriate legal
body for filing consideration.
Speaker, no name provided, commented in support of the Downey Police Department, Council
Member Alvarez, and background checks for Council Members.
Mayor Frometa commented regarding Police Department funding and background checks for
Council Members.
Rodolfo Cortes Barragan, non-resident, commented regarding public engagement at Downey
City Council meetings, Council Member Alvarez, and rent control.
Mayor Frometa recessed the City Council meeting at 9:01 p.m. Mayor Frometa reconvened the
City Council meeting at 9:04 p.m. with Council Member Ashton absent.
Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding
-Agenda items. City Clerk Duarte confirmed two written comments were received.
Maria Maciel-Arencibia, resident, commented regarding Council Member Alvarez and the Codt
of Ethics.
o,N]l gill
It was moved by Mayor Frometa, seconded by CounciKTiember Alvarez and carried 4-0, witl�r
Council Member Ashton absent and with Council Member Trujillo abstaining from Item No. 7, to
approve the remainder of the Consent Calendar.
2. APPROVED MINUTES: Special Meeting of October 12, 2021: City Clerk.
.3. WARRANTS ISSUED: Warrant Nos. 354782 — 355221; Payroll Wire Numbers 30004159 &
$4,387,216.80: Finance.
4. REJECTED BID OF DASH CONSTRUCTION CO. AS NON -RESPONSIBLE FOR FAILING TO
SATISFY THE MINIMUM EXPERIENCE REQUIREMENT; AWARDED CONTRACT IN THE
City Council Minutes
AMOUNTOF 19r PALP, INC. DBA EXCEL PAVING CO. FOR CONSTRUCTION OF
FOSTER BRIDGE i RIVERGROVE DR. AND GLENCLIFF r-
. PAVEMENT
- • APPROPRIATED $350,000 IN MEASURE:• • FUNDS IN ACCOUNT
• AND, AUTHORIZED THE PUBLIC WORKSDIRECTOR/CITY TO
EXECUTE ANY CHANGE ORDERS OR rrI •NAL SCOPE OF •- FOR THIS PROJECT
NETWORKS,
6. APPROVED AMENDMENT NO. 1 TO A PROFESSIONALSERVICES
TIERRA WEST ADVISORS, TO PROVIDEREAL ESTATE AND ECONOMI
• - • - c • • r 1 011 r • r
THE CITY MANAGER •, EXECUTE ANY AND ALL r TO THE AGREEMEN
• Development.
7. APPROVED AND AUTHORIZED THE MAYOR TO EXECUTE AMENDMENTNO. 2 TO THA
PROFESSIONAL SERVICES AGREEMENTDIXON RESOURCE UNLIMITEOf
PROVIDE AN ANNUAL DOWNTOWN PA- ASSESSMENT FOR• • •
EXCEED $34,994: Community Development.
• r ,,, • _ -
• ADOPTED ORDINANCE ADOPTING- PLAN AMENDMENTREVISIN
DEVELOPMENT STANDARDSRELATED • FREESTANDING SIGNS AND INCORPORATIN
NEW STANDARDS FOR ELECTRONIC FREEWAYPLAN 1
Development.
City Council Minutes
Regular Meeting — October 26, 2021 9
Ole] " • 0• i i :4 • • i] a 9: 1 =IKOJ I WK619111 0 M Ii
i as • • - - - r - I I F
• ' - • ` 1
Community50. ADOPTED AN ORDINANCE APPROVING AN ELECTRONIC FREEWAY BILLBOARD
AGREEMENT WITH GIANT RV: Development.
ADOPTED ORDINANCE NO. ORDINANCE OF • OF
CITY OF DOWNEY TO APPROVE A BILLBOARD AGREEMENT WITH GIANT INLAND
EMPIRE RV CENTER, INC., FOR • AND OPERATION OF
ELECTRONIC• r FREESTANDING SIGN ON PROPERTY L• r' AT
11111 • \ \ •''l r �l `1'
11. RECEIVED AND FILED THE CITY OF DOWNEY ADA TRANSITION PLAN ANNUAL RE'TIETV
AND UPDATE: Pi •
ADMINISTRATIVE•
13. DISCUSSED AND PROVIDED DIRECTION TO STAFF REGARDINGHOMELESS
PREVENTION• Administration.
circumstancesCouncil Member Trujillo commented regarding the eviction moratorium and economic
of " ` to the COVID-19 pandemic. e i. his intent to explore financial
meeting.assistance programs to prevent families from becoming homeless. He indicated funds were available
through the Rental Assistance Program. City Manager Livas responded that staff has considered
available funding sources and will return with alternatives for consideration at the next City Council
funding.Mayor Frometa thanked Council Member Trujillo and commented regarding the need for
proactiveness in addressing this issue. She reminded the public regarding the available funding through
the Rental Assistance Program and shared efforts by the City to promote the program. She commented
regarding outreach through the Housing Resource Fairs and partnerships with non-profit organizations
and local faith -based organizations. She advised the public regarding requirements to qualify for the
• ` • in supportof i prevention program.
City Manager Livas added that the City has funded The Whole Child, TLC Family Resource Center,
and Jovenes, which work with persons who may become homeless. He reiterated that staff would
return to the City Council with a more robust program proposal.
Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding
Item No. 13. City Clerk Duarte confirmed no written comments were received. Mayor Frometa asked if
there was anyone present who would like to comment regarding Item No. 13.
Armando Herman, non-resident, commented regarding current prevention and assistance
programs.
Rodolfo Cortes Barragan, non-resident, commented in favor of Item No. 13, housing
affordability, homelessness prevention, and housing advocacy.
Mayor Frometa commented regarding the importance of providing wraparound services in
addition • shelter and food.
CouncilCity
It was moved • Mayor • seconded • Council Member Alvarez, and carried 4-0, with
Council Member Ashton absent, to provide direction to staff to bring a report to the City Council with
additional recommendations regarding funding reallocation.
14. DISCUSS PROCLAIMING OCTOBER INDIGENOUS PEOPLES' MONTH: Council Member
Alvarez.
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City Manager Livas reported PIH Health would be designated as a ST Elevation Myocardial
Infarction (STEMI) Receiving Center, allowing residents to receive care locally for acute heart attacks
effective November 2021.
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I11ayor Frometa adjourned the -• City Council Meeting at 10:32 • in memory • May
Bryan Urias, City of Duarte; Colin Power, former United States Secretary of State; and, the lives •
!tue to COVID-19.
City Council Minutes
Regular Meeting — October 26, 2021
Bb*qCA-PACHEC0
Mayor
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