HomeMy WebLinkAboutMinutes 06-28-22 Regular MeetingMINUTES OF
JUNE 28, REGULAR MEETING
The City Council of the City of Downey held a Regular City Council Meeting on June 28, 2022, at
6:34 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco
Catherine Alvarez
Claudia M. Frometa
Donald E. La Plante
Mario Trujillo
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Mark Scott, Interim City Manager
Vaniah de Rojas, Interim Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Chief of Police
Dan Hurlock, Fire Chief
Delfino Consunji, Public Works Director
Jason Chacon, Parks & Recreation Director
Anil Gandhy, Director of Finance
Crystal Landavazo, Interim Director of Community Development
M. Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Council Member Frometa. The Pledge of Allegiance was led by
Council Member La Plante.
COUNCILCITY - •UNCEMENTS; REQUESTS FOR FUTURE AGENDA
Council Member Trujillo welcomed the audience to the City Council meeting and wished fathers
a happy Father's Day. He reported attending the Solar Energy Improvements Project ribbon cutting event,
Go Skate Day, and the NALEO Annual Conference. He requested an update on the renovation of
Stonewood Mall. He requested staff present options for converting the Sister Cities Association to a City
Commission. He requested to expand the Summer Camp program for the next year and requested staff
address parking issues on Telegraph Rd. He requested staff address and enforce unpermitted taco
stands set up in the evening hours.
Council Member Frometa welcomed the audience to the City Council meeting and acknowledged
Ivan Sulic in attendance. She reported attending the Solar Energy Improvements Project ribbon cutting
event, the L.A. CADA 50th Anniversary Celebration, and the NALEO Annual Conference. She thanked
Interim Assistant City Manager De Rojas for herwork on the Bin It Campaign and requested staff continue
to engage property owners regarding maintenance. She requested staff continue speed enforcement and
thanked the Police Department for their work. She wished everyone a happy 4th of July holiday and
reminded residents regarding enforcement actions for lighting illegal fireworks.
City Council Minutes
Regular Meeting — June 28, 2022
Chief Murray shared information regarding additional Police patrols, education efforts, ami
collaboration with the Fire Department to address illegal fireworks.
Pro Tern Tzeitel Paras-Caracci.
Mayor Pro Tern Alvarez welcomed the audience to the City Council meeting. She reported
attending the NALEO Annual Conference and commented regarding recent Supreme Court action on
Roe v. Wade.
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1. Mayor Pacheco presented a City Tile to retiring employee with 14 years of service, Gilbert Livas, City
Manager.
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Mayor Pacheco recessed the City Council meeting at 7:30 p.m. Mayor Pacheco reconvened the
City Council meeting at 7:39 p.m. with all Council Members present.
PUBLIC HEARINGS
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City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member
�--rometa, seconded by Council Member Trujillo, and carried 5-0, to receive and file the publication.
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of a 2016 study. She highlighted changes to the fees under the Columbia Memorial Space Center and
the Downey Theatre. She shared 22 new fees were added and some fees were removed as the service
City Council Minutes
Regular Meeting - June 28, 2022 2
is no longer being provided. She provided the following corrections to items that would remain at cost
recovery, not increased per CPI: The Special Request Fire Flow Test fees, Standby Service Fees, Fire
Sprinkler System Fees, High -Piled Storage fees, Hot Work Operations fees, Fire Alarm System fees,
Inspection Services fees related to plumbing and building & safety, Release of Impounded Vehicles fees,
and, photocopying fees for the Public Works Department.
Council Member Frometa requested to confirm which fees are highlighted in yellow and green.
Ms. De Rojas responded items highlighted in yellow are fees increasing by CPI and items highlighted in
green are new fees being added to the Fee Schedule.
Mayor Pacheco, at 7:44 p.m., opened this item for public comment. Mayor Pacheco asked City
Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City
Clerk Duarte confirmed one written public comment was received.
Wayne Spindler, non-resident, commented in opposition to increases to the Schedule of Fees.
Mayor Pacheco asked if there was anyone present who would like to comment regarding the
Public Hearing item.
Armando Herman, non-resident, commented regarding the User Fee Schedule Resolution and in
opposition to increased fees.
BC, resident, commented in opposition to increased fees.
Rodolfo Cortes Barragan, non-resident, commented in opposition to increased fees.
Mike Greenspan, non-resident, commented in opposition to increased fees.
Jang Lee, resident, commented regarding the impact of inflation and who would be affected by
increased fees.
Having no one else, Mayor Pacheco closed the Public Hearing at 8:00 p.m.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5-
0, to adopt Resolution No. 22-8080, a Resolution of the City Council of the City of Downey adjusting the
City's Uniform Schedule of Fees.
2. CONFIRMED r LANDSCAPING ASSESSMENT DISTRICT r- FISCAL YEAJ
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Mayor Pacheco opened the Public Hearing at 8:01 p.m,
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member
Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5-0, to receive and file the publication.
City Council Minutes
Regular Meeting — June 28, 2022 3
He noted assessment rates for all zones are currently at the maximum level and increasing maintenance
costs have resulted in negative fund balances. He advised the assessments may need to be increased
by a Prop 218 ballot to cover the shortfall in the future.
Council Member Frometa thanked Director Consunji for his presentation and requested the
percentage of increase recommended. Director Consunji responded that the only increase would be in
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a Prop 218 ballot measure which requires a 2/3 vote in favor of rate increases.
Mayor Pacheco inquired regarding the previous amount collected for Zone 1. Director Consunji
responded no assessments have been collected in the last 20 years.
Council Member Trujillo inquired regarding the reason no assessments were collected. Director
Consunji responded this was the decision of the City Council. Council Member Trujillo questioned
regarding the amount assessed for single-family homes. Director Consunji responded the amount is
determined by the number of dwelling units and is not based on the property value. He clarified that ad
valorem taxes based on the value of the property are separate from the assessment being discussed.
Council Member Trujillo inquired regarding staffs recommendation and why the assessment is being
increased. Director Consunji responded the Assessment District has had a negative balance and the
General Fund has subsidized the District. He stated if the assessment is approved, it would fund
operations in place of the General Fund. Council Member Trujillo inquired which Zone multi -unit
properties are located. Director Consunji responded Table 4 of the staff report shows the multi -unit
properties in Zone 1. Council Member Trujillo inquired regarding the effect on renters. Director Consunji
responded the assessment would be placed on property owners.
Mayor Pacheco, at 8:10 p.m., opened this item for public comment. Mayor Pacheco asked City
Clerk Duarte if there Were any written public comments received regarding the Public Hearing item. City
Clerk Duarte confirmed one written public comment was received.
Iflayor Pacheco asked if there was anyone present who would like to comment regarding the
Public Hearing item.
Armando Herman, non-resident, commented in opposition to increased fees and regarding
transparency and the effect on renters.
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Regular Meeting — June 28, 2022 4
Mike Greenspan, non-resident, commented in opposition to increased fees and regarding use of
the General Fund to subsidize one assessment area, the effect on mantera, and ad valorem property
Rodolfo Cortes Barragan, non-resident, commented in opposition to increased fees and regarding
the fiscal policies of the City Council and representation.
Having no one else, Mayor Pacheco closed the Public Hearing o18:23p.nn.
Council Member Frometa commented regarding the assessment funds being used for services
such aostreet lighting, |endooaping, and tree maintenance. She commented regarding the need to
balance the services being provided with the funding required. She commented regarding the necessity
of increasing assessments to maintain streets and lighting.
Council Member Trujillo questionedxvhetheritiaconnrnonforc|t|eetoouboidizatheemseognngnt.
Interim City Manager Scott responded it is common for cities to have Lighting and Landscape Districts
and, while some cities may pay for maintenance from the General Fund, it is not common practice. He
commented in support of action ceasing the subsidy. He commented regarding issues that can occur if
the Assessment Districts are not updated regularly. Heclarified the City may only charge the actual oost,
which igprovided inthe annual report. Council Member Trujillo maqueotmdtheectua|coctforthgCihvtm
continue to subsidize from the General Fund in the next fiscal year. Interim City Manager Scott requested
to clarify what was subsidized. Director Coneu ji responded Assessment Zones with negative fund
balances are subsidized bythe General Fund and collection ofthe proposed assessment would eliminate
the subsidy. |n1er|nn City Manager Scott shared it is not uncommon for Zones to have negative fund
bg|enuem and cities typically reduce aen/ioea in those zones, which can create issues with unequal
service. He stated the better practice is to adjust the ogoeomnnen1 rate to maintain services. Council
Member Trujillo quaotionedtheonmountofmavmnue the City would forego |fitdid not adopt the Resolution.
Director Cmneu ji*tabedtheannountxvou|dbe $21.41from each parcel inZone 1.
Council Member Fronneta referenced the Fiscal Impact section of the staff report. Director
Coneu jio|ar|fied$2.248.322|etheennourtooUectedgorosoa||AoeeaennentZonmoand$7O4.ODQxvnu|d
be collected from Zone 1. Interim City Manager Scott commented regarding subsidizing one zone but
not the n*a1. Council Member Fnonnadaque*tioned the$75D.DO referenced in the Fiaoo| Impact Section.
Director Congu ji responded this sum is the ad va|mmenn property tax aoeaeonnent. Interim City Manager
Scott clarified this figure is not referring to Zone 1' Consultant Jim McGuire ofVVi||dan Financial Services
clarified the Assessment Zone is not subsidized by the General Fund but receives Prop 13 funds
restricted to the purposes of landscaping and lighting. He stated Zone 1 previously received sufficient ad
valorem revenues that itdid not require anassessment and, due toadecrease inadvalorem revenue,
staff is recommending an increase in the assessment to the authorized maximum amount to balance the
budget. He reiterated that General Funds were not used to subsidize one Zone but the particular Zone
had funds restricted to one purpose. |nhsrinn C|b/ Manager Scott inquired whether the Zone had a fund
balance in the past from which they were able to draw. Mr. K8oCSuina confirmed the fund bm|enma was
large enough topay the annual assessment amount.
|twas moved bvCouncil Member From*da.seconded byMayor Pro Tern Alvarez, and carried 4-
1. with Council Member Trujillo voting no, to adopt Resolution No. 22-8081. o Resolution of the City
Council of the City of Downey confirming the Diagram and Assessment and ordering the Levy and
Collection ofAssessments for the City ofDowney Lighting and Landscaping Assessment District 121for
Fiscal Year 2O22 pursuant tothe Provisions ofPart 2ofDivision 15ofthe California Streets and Highways
Code.
City Council Minutes
Regular Meeting — June 20.2O22
P'IBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS
Mayor Pacheco asked City Clerk Duarte if any written public comments were received regarding
Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed 14 written public
comments were received.
It was moved by Council Member Frometa, seconded by Mayor Pro Tern Alvarez, and carried 5-
0, to receive and file written public comment.
Charles Gerlach, resident, commented regarding open meeting laws.
Rick Huff, resident, commented requesting commercial green waste binds for commercial
buildings and apartments.
Lisa Lang, resident, commented regarding regulating street vending.
Jesus Torres, resident, commented regarding regulating street vending.
Lisette Rivera, resident, commented regarding regulating street vending.
Jennifer Alvarez, resident, commented regarding regulating street vending.
Rick, resident, commented in opposition to street vending in Downey.
Angelica Hernandez commented regarding regulating street vending.
Sara Morales, resident, commented in opposition to Item No. 8.
Wayne Spindler, non-resident, commented regarding the public comment period and City
Manager Livas.
No name provided commented regarding affordable housing and assisting the homeless
population.
Kimberly Tinajero, resident, commented regarding Council Members.
Lorraine Roskelley, resident, commented regarding regulating street vending.
Theresa Riley, resident, commented in opposition to the termination of City Manager Livas.
Mayor Pacheco asked if there was anyone present who would like to comment regarding Agenda,
Consent Calendar and Non -Agenda items.
Armando Herman, non-resident, commented regarding First Amendment rights, Council
Members, and affordable housing.
Anita Rivero, resident, commented regarding the theft of catalytic converters in the City.
Council Member La Plante commented regarding the engraving of catalytic converters to assist
in recovery efforts. Chief Murray shared two events have been hosted by the City and staff can host
additional events. She stated theft of catalytic converters is a regional issue and commented regarding
proactive deterrence.
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Regular Meeting — June 28, 2022 6
Speaker, no name provided, commented regarding the theft of catalytic converters in the City.
Gabe Montoya, Kaiser Permanente employee, asked the Council to support a minimum wage
increase for healthcare workers in Downey.
Eva Amador, resident and Kaiser Permanente employee, asked the Council to support a minimum
wage increase for healthcare workers in Downey.
Resident and healthcare worker, no name provided, asked the Council to support a minimum
wage increase for healthcare workers in Downey.
Elvira Murillo, healthcare worker, asked the Council to support a minimum wage increase for
healthcare workers in Downey.
Lee Squire, resident, commented regarding the Central Basin Municipal Water District.
Alan Halstensgaard, resident, commented regarding abortion.
John Lacey, resident, welcomed Mr. Scott and commented regarding the departure of City
Manager Livas.
Lawrence Christon, commented regarding the Downey Theatre, Council Members, City Manager
Livas, and Interim City Manager Scott.
Greg Shorter, healthcare worker, asked the Council to support a minimum wage increase for
healthcare workers in Downey.
Mike Greenspan, non-resident, commented regarding elected officials and City staff.
BC, resident, commented regarding the departure of City Manager Livas, the effort to recall L.A.
County District Attorney Gascon, Proposition 47, the Solar Energy Improvements Project, and
VenueTech.
Jang Lee, resident, commented regarding street vending, clean streets, the User Fee Schedule,
and LGBTQ Picnic and requested the Council hold a picnic for Koreans in the City.
Rodolfo Cortes Barragan, non-resident, commented regarding Interim City Manager Scott, Interim
City Attorney Langer, the NALEO Annual Conference, and the Social Security Administration.
Joaquin Beltran, resident, thanked everyone who supported his campaign and commented
regarding the COVID-19 pandemic.
Having no one else, Mayor Pacheco closed public comment.
Mayor Pacheco recessed the City Council meeting at 9:32 p.m. Mayor Pacheco reconvened the
City Council meeting at 9:41 p.m. with all Council Members present.
Mayor Pacheco announced Item No. 13 would be continued to a future City council meeting.
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Regular Meeting — June 28, 2022 7
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Council Member Trujillo requested staff consider inclusion of CNG vehicles in evaluation of future
RFPs.
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Mayor Pacheco inquired why the City was entering into a one-year contract for the Police
Department and a three-year contract for the Fire Department. Chief Hurlock responded the Fire
Department has worked with Commline, Inc for 7-8 years and has an established relationship. He stated
the Police Department started working with Commline, Inc. more recently and uses a different radio
manufacturer. Chief Murray confirmed Chief Hurlock's comments and stated the Police Department
began working with Commline, Inc. in 2018. She stated if the Police Department has successful operation
with Commline, Inc., they may consider a multi -year contract.
City Council Minutes
Regular Meeting — June 28, 2022 10
11. AUTHORIZED STAFF TO ENTER INTO A THREE (3) YEAR AGREEMENT WITH CO LINE,
INC. FOR 911 COMMUNICATION EQUIPMENT (RADIO INFRASTRUCTURE, MICROWAVE
NETWORK, MOBILE AND PORTABLERADIOS) MAINTENANCE AND REPAIR SERVICES FOR
CONTRACT PERIOD FROM JULY 1, 2022, TO JUNE 30, 2025: Fire.
It was moved by Council Member Frometa, seconded by Council Member Trujillo, and carried 5-
0, to authorize staff to enter into an agreement with Commline, Inc. for two-way radio communication
equipment (radio infrastructure, mobile and portable radios) maintenance, repair and support for a
contract period from July 1, 2022 to June 30 2023; and, authorize staff to enter into a three (3) year
agreement with Commline, Inc. for 911 communication equipment (radio infrastructure, microwave
network, mobile and portable radios) maintenance and repair services for contract period from June 7,
2022 to June 30, 2025.
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IN LONG BEACH, CA.
Interim Assistant City Manager De Rojas presented the staff report. She shared the League of
California Cities Conference & Expo is an annual meeting where League membership considers and
takes action on resolutions that establish League policy. She advised the City Council must designate a
voting delegate and alternates to ensure the City's interests are represented as the League considers its
platform and initiatives for the upcoming year.
Interim City Manager Scott noted the time commitment for the designated voting delegate. Mayor
Pacheco responded she is aware and usually serves as the delegate. Interim City Manager Scott shared
that he has served as an alternate in cases where the Council Member did not realize the time
commitment.
Council Member Trujillo suggested appointing Mayor Pacheco as the voting delegate and Council
Member La Plante as the alternate.
Council Member La Plante confirmed he would be attending the League of California Cities
Annual Conference and would be able to serve as an alternate.
It was moved by Council Member Trujillo, seconded by Mayor Pro Tern Alvarez, and carried 5-0,
to adopt Resolution No. 22-8088, a Resolution of the City Council of the City of Downey designating a
Voting Delegate and Alternate(s) for the League of California Cities Annual Conference & Expo,
September 7-9, 2022 in Long Beach, CA.
20. DISCUSSED THE CITY'S CURRENT CONTRIBUTIONS TO DOWNEY ARTS, HISTORY AND
CULTURE, AND THE CREATION OF A DOWNEY ARTS AND CULTURE GRANT PROGRAM:
Administration.
Interim City Manager Scott provided an introduction of the item and previous discussion of arts,
history and culture.
City Council Minutes
Regular Meeting — June 28, 2022 11
Council Member La Plante thanked Ms. De Rojas for her report and commented in support of
holding a study session. He requested to confirm that the Downey Theatre costs the City $1 million to
operate. Ms. De Rojas confirmed the figure. Council Member La Plante inquired whether the Art in Public
Places program was created by the City on its own or in response to a State mandate. Ms. De Rojas
responded the City created the program on its own. He asked for the name the skating banana sculpture.
Ms. De Rojas responded the sculpture is named "On a Roll". Council Member La Plante commented in
favor of the Carpenters statue and expressed his desire for Richard Carpenter to be featured.
Council Member Trujillo requested staff reach out to Richard Carpenter and the record company
regarding funding the statue. He concurred with Council Member La Plante's statement regarding
inclusion of Richard Carpenter and added that a small keyboard should be included in the statue.
Council Member Frometa thanked Ms. De Rojas for her report and requested to table the item for
future discussion.
Council Member Trujillo commented in support of the study session proposed by Interim City
Manager Scott and requested to confirm the public would be able to attend the study session. Interim
City Attorney Langer responded in the affirmative.
It was moved by Council Member Trujillo, seconded by Council Member Frometa, and carried 5-
0, to table the discussion and schedule a Study Session regarding Downey arts, history and culture, and
the creation of a Downey Arts and Culture Grant program.
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Council Member La Plante suggested inclusion of this item in the arts, history and culture study
session.
Council Member Trujillo noted the time sensitivity as the Downey Arts Coalition would like to move
forward with the Tuesday Museum program in July. He shared the Theatre Subcommittee convened to
discuss the item and recommends recognizing the Downey Arts Coalition as a Legacy Group.
Director Chacon presented the staff report. He provided background regarding the Downey Civic
Theatre Financial Assistance program, Legacy Groups, and the budget for the Theatre. He shared a non -
Legacy Group can apply to have their rental fees waived while a Legacy Group can apply to have the
labor, box office, and other associated costs waived in addition to the rental fees. He stated the Downey
Theatre Subcommittee convened and approved recognition of the Downey Arts Coalition as a Legacy
Group on March 15, 2022. He provided a background regarding the Downey Arts Coalition and the criteria
to become a Legacy Group.
Council Member La Plante inquired regarding the funding request from the Downey Arts Coalition.
Director Chacon clarified the organization is not requesting funds but to be considered a Legacy Group.
He added the organization would then fill out the application form for their monthly open house event. He
stated staff has worked with the Theatre to determine dates that would not conflict with programming of
revenue -generating rentals. He estimated the application would request approximately $25,000 which
could possibly be offset by sponsorship opportunities.
Council Member Frometa inquired whether the Downey Arts Coalition would receive $25,000 of
the $40,000 allocated to the program. Director Chacon responded the organization would submit an
application and the Theatre Subcommittee would make a determination. He shared the Downey
Symphony has historically applied for $25,000 while the Downey Rose Float Association has applied for
City Council Minutes
Regular Meeting — June 28, 2022 13
approve the Downey Arts Coalition as a Legacy Group. Director Chacon responded there is no fiscal
impact to approve the Coalition as a Legacy Group.
It was moved by
with Council Member La Plante voting no, to recognize the Downey Arts Coalition as a Legacy Group ir.
regards to the use of the Downey Theatre.
to know the community.
Mayor Pacheco adjourned the Regular City Council Meeting at 10:26 p.m. in memory of El Monte
Police Department Corporal Michael Domingo Paredes and Officer Joseph Anthony Santana killed in the
line of duty; Tzeitel Paras Caracci, Mayor Pro Tern of the City of Duarte and 21 year member of the
Duarte City Council; the victims of the Ukraine crisis; and, the lives lost due to COVI D-1 9.
CLAUDIA M. FROMETA
City Clerk Mayor
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Regular Meeting — June 28, 2022 15