HomeMy WebLinkAboutMinutes 05-09-23 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
MAY 9, 2023
The City Council of the City of Downey held a Regular City Council Meeting on May 9, 2023, at
6:35 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Frometa presiding.
PRESENT: Council Members:
Claudia M. Frometa Mayor
Mario Trujillo Mayor Pro Tern
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Interim Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Matthew Baumgardner, Public Works Director
Gregory Pfost, Interim Community Development Director
Stephen Hannah, Finance Director
Jason Chacon, Director of Parks & Recreation
M. Alicia Duarte, CMC, City Clerk
The Invocation was delivered by Father Sam Ward, St. Raymond Catholic Church. The Pledge
of Allegiance was led by Council Member Sosa.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Horn reported attending the League of California Cities City Leaders Summit;
the Alameda Elementary School tour of City facilities, the Public Works Committee meeting, the CERT
training event, and the Gangs Out of Downey Cops & Kids event.
Mayor Pro Tern Trujillo reported attending the League of California Cities City Leaders Summit
and commented regarding the issue of homelessness. He requested an update regarding a dog park in
the south side of the City. He requested an update regarding SEAACA accessibility and euthanization
aand requested to discuss a funding request from the Los Angeles Centers for Alcohol and Drug Abuse
(L.A. CADA) for the Downey Pride event. He requested a program to improve the aesthetic of chain link
fences. He announced a meeting with City Manager Bradley and Director of Public Works
Baumgardner to tour the industrial corridor of District 1 and requested a Woodruff Ave. beautification
plan and consideration of monument entries in the south side of Downey.
Mayor Frometa shared the L.A. CADA item would be discussed at the May 23, 2023 City
Council Meeting.
Council Member Sosa reported attending the League of California Cities City Leaders Summit
and the SELACO Policy Board meeting. He invited the public to attend a Job Fair at Simms Park and
announced another job fair would be held in Downey in October. He reported participating in the
City Council Minutes
Regular Meeting - May 9, 2023
Alameda Elementary School tour of City facilities, the Downey Police and Fire Foundation Luncheon,
the PTA H.E.L.P.S. tour, the Gangs Out of Downey Cops & Kids event, the Special Needs Awareness
and Resource Fair event, and the National Day of Prayer.
Mayor Frometa welcomed the audience to the City Council meeting. She reported attending the
CERT Graduation Ceremony, a Neighborhood Watch Meeting, and the NALEO Policy Institute. She
welcomed Interim Director of Community Development Pfost, Finance Director Hannah, and Director of
Public Works Baumgardner to the City. She reported attending the Downey Police and Fire Foundation
Luncheon, the Rancho Los Amigos 40t" Amistad Gala, and Congressman Garcia's Art Competition
Reception. She requested staff address homeless encampments and transient activity in District Nos. 1
and 3 along the freeways, Woodruff Blvd., and the railroad tracks. She requested staff conduct speed
enforcement near the schools and requested staff address illegal dumping and promote the Bin It
Campaign on the City's social media platforms.
Council Member Sosa reported attending the Downey Foundation for Educational Opportunities
Scholarship Awards Night event. He requested to confirm the item regarding a community garden
would be discussed at the next City Council meeting. City Manager Bradley confirmed the item would
be on the agenda.
Mayor Frometa acknowledged mothers and mother figures in honor of Mother's Day and
recognized National Nurses Week. She invited the public to attend the Keep Downey Beautiful Cleanup
and the Touch A Truck event.
CITY MANAGER/STAFF MEMBER COMMENTS
City Manager Bradley confirmed requests for information regarding the status of dog park on the
south side of the City, information on SEAACA and the number of euthanized animals and access to
the facility, a future agenda item regarding the Woodruff Improvement Program, focus on transient
activity and homelessness, continued speed enforcement activity around schools, and focus on illegal
dumping issues. He commented regarding the filling of all Department Head seats.
Mayor Frometa requested an update regarding Fire Station No. 4. City Manager Bradley
reported work on Fire Station No. 4 is completed and staff is waiting for the results of the air quality
testing. He shared staff anticipates moving Fire personnel into the facility and reopening soon.
PRESENTATIONS
1. Mayor Frometa with assistance from City Manager Bradley presented a Posthumous Employee
Retirement Recognition to Kevin Knox, son of Scott Knox, City employee with 22 years of service.
2. Mayor Frometa presented a Proclamation to City Clerk Duarte in honor of Municipal Clerk's Week,
April 30 — May 6.
3. Mayor Frometa presented a Proclamation to Chief Murray in honor of National Police Week, May
14 — May 20.
4. Mayor Frometa presented a Proclamation to City Manager Brad to honor Public Service
Recognition Week, May 7 — 13.
5. Mayor Frometa with assistance from City Manager Bradley presented Certificates of Recognition to
Exemplary Employees.
Mayor Frometa recognized May as Mental Health Awareness Month.
City Council Minutes
Regular Meeting — May 9, 2023 2
PUBLIC HEARINGS
1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP GRANT FY 2023-24 ANNUAL ACTION PLAN: Community Development.
1) APPROVED THE PROPOSED FY 2023-24 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; AND,
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 2023-24 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 INCREASE IN THE MAXIMUM GRANT AMOUNT PER HOUSEHOLD,
FOR THE CITY'S HOUSING REHABILITATION PROGRAM FROM $35,000 TO
$50,000 PER HOUSEHOLD.
Mayor Frometa opened the Public Hearing at 7:34 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa,
seconded by Mayor Pro Tern Trujillo, and carried 4-0, to receive and file the publication.
Economic Development and Housing Manager Flores presented the staff report regarding Item
No. 1. She commented regarding the process and requirements for receipt of Community Development
Block Grant (CDBG) and Home Investment Partnership (HOME) funds. She provided the anticipated
grant funding amount for Fiscal Year 2023-24 and stated CDBG funding decreased by 4.7% and
HOME funding increased by 5.1 %. She reviewed the CDBG and HOME budget and shared the CDBG
allocation has remained consistent with previous years. She stated the HOME program primarily funds
the Housing Rehabilitation Program and noted The Whole Child requested an increase from $25,000 to
$50,000 for the upcoming fiscal year. She shared The Whole Child would able to assist 10 families with
the funds allocated. She provided staffs recommendation that the City Council increase the maximum
grant amount per household for the Housing Rehabilitation Program from $35,000 to $50,000 due to an
increase in the cost of labor and materials. She shared the City hosted two community events in -person
and via Zoom, commented regarding event participation, and stated comments received were
incorporated in the Annual Action Plan. She added staff would submit the Annual Action Plan to the
U.S. Department of Housing and Urban Development (HUD) if approved by the City Council.
Mayor Frometa inquired regarding publicizing the in -person community meetings. Ms. Flores
responded the event was advertised through The Downey Patriot, the City's website, and social media
platforms, including the Positively Downey Facebook page and the Nextdoor app. Mayor Frometa
inquired regarding the Housing Rehabilitation Program waitlist. Ms. Flores staffed the waitlist currently
includes 149 families and staff has worked with 48 families in the past nine months. She stated 18 of
the interested families qualified for the program and estimated that it would take two to three years for
staff to work through the waitlist. Mayor Frometa inquired how staff can increase the number of
households assistedand how staff communicates with families on the waitlist regarding the process
and requirements. Ms. Flores responded the interest form explains the minimum qualifications such as
income and home value and added staff does not receive any documentation until the applicant comes
City Council Minutes
Regular Meeting — May 9, 2023 3
to the top of the waitlist. She stated staff provides the information and applicants may call staff for
information regarding their waitlist status. She noted the income requirement changes annually based
on Los Angeles (L.A.) County's HUD information and stated this information is provided on the interest
form and by staff over the phone. City Manager Bradley requested clarification regarding Mayor
Frometa's request. Mayor Frometa expressed concerns regarding the number of households and
inquired regarding how the City may address the waitlist sooner than the estimated three-year
timeframe. City Manager Bradley responded staff will research ways to incentivize movement on the
waitlist. Mayor Frometa suggested that education may assist in removing applicants who are unaware
that they do not qualify for the program and managing expectations for the program. She shared she
received a question regarding whether a household that has received funding within the last five years
is eligible to receive additional assistance. Ms. Flores responded the City's current policy does not allow
a household to receive funding if assistance was received in the past. Mayor Frometa expressed
concerns that applicants may have the misconception they may reapply after a certain number of years
and requested to provide this information from the start of the process.
Council Member Sosa inquired regarding the waitlist order. Ms. Flores confirmed the order is
determined by the application date.
Mayor Pro Tem Trujillo inquired regarding the number of households assisted in the FY 2021-22
and FY 2022-23 cycles. Ms. Flores responded there are 18 total finished projects for FY 2022-23 and
three total projects were finished for FY 2021-22 due to the shifting of resources to the rental
assistance program.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:49 p.m. Mayor Frometa reconvened the
City Council meeting at 7:55 p.m. with all Council Members present.
Mayor Frometa, at 7:55 p.m., opened this item for public comment. Mayor Frometa asked City
Clerk Duarte if any written public comments were received regarding the Public Hearing item. City Clerk
Duarte confirmed no written public comments were received. Mayor Frometa asked if there was anyone
present who would like to comment regarding the Public Hearing item.
Armando Herman, non-resident, commented regarding his experience with the HUD grant
through L.A. County, program auditing, and corruption.
BC, resident, commented regarding the decrease in funding allocated, L.A. CADA and the
Whole Child, the wait time for applicants on the waitlist, public participation, and The Downey Patriot.
Rodolfo Cortes Barragan, non-resident, commented regarding the decrease in funding allocated
to the program, the housing affordability crisis, corruption, and elected officials.
Juan Martinez, resident, commented regarding waste of resources, homeless individuals, and
elected officials.
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to close
the Public Hearing at 8:08 p.m.
Mayor Frometa commented regarding the decrease in CDBG funding, partnership with The
Whole Child, the increase in families in need of housing resources, and in support of increasing the
amount allocated to The Whole Child. She emphasized the importance of advocating for the community
and reaching out to State and Federal representatives regarding funding for municipalities to address
the issues of housing and homelessness.
City Council Minutes
Regular Meeting — May 9, 2023 4
It was moved by Mayor Frometa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to:
1) APPROVE THE PROPOSED FY 2023-24 ANNUAL ACTION PLAN AND AUTHORIZE
THE CITY MANAGER TO SUBMIT THE DOCUMENT AND THE REQUIRED
CERTIFICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AND,
2) AUTHORIZE 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 2023-24 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) APPROVE AN INCREASE IN THE MAXIMUM GRANT AMOUNT PER HOUSEHOLD,
FOR THE CITY'S HOUSING REHABILITATION PROGRAM FROM $35,000 TO
$50,000 PER HOUSEHOLD.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS
Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding
Agenda, Consent Calendar and Non -Agenda items. City Clerk Duarte confirmed one written public
comment was received.
Cassie Bubar, resident, requested a crossing guard at Unsworth Elementary School to address
an increase in traffic from the new Chick-Fil-A.
It was moved by Mayor Pro Tern Trujillo, secondedby Mayor Frometa, and carried 4-0, to
receive and file written public comment.
Mayor Frometa asked if there was anyone present who would like to comment regarding
Agenda, Consent Calendar and Non -Agenda items.
Alan Halstensgaard, resident, commented regarding a Bible verse, homelessness, Target
corporation, and New York State policies regarding abortion.
Armando Herman, non-resident, commented regarding collusion, the rules of decorum, the
public comment speaking time, a complaint to the ACLU, HUD monies, and elected officials.
John Lacey, resident, commented regarding equity, equality, and elected officials.
BC, resident, commented regarding elected officials, the media, the Taxpayer Protection Act,
nonpartisanship, and funding of community groups.
Rodolfo Cortex Barragan, non-resident, commented regarding free speech, Council Members,
and Commissioners.
Juan Martinez, resident, commented regarding the public comment speaking time, the public
comment period, and corruption.
City Council Minutes
Regular Meeting - May 9, 2023 5
Jose Luis Gomez, resident, expressed concerns regarding Manzanar Ave. and requested the
installation of a wall.
City Manager Bradley commented regarding the traffic impact study of the temporary barrier,
the findings that placement of the barrier has not created negative impacts and a wall would not
impactful from a traffic perspective, and a survey of residents of Manzanar Ave. and Meldar Ave. to
gauge support for the wall. He reported speaking to Chief Murray regarding additional patrols in the
area.
Lily Gomez, resident, commented regarding scheduling a meeting with the residents of
Manzanar Ave. regarding crime, issues occurring in her neighborhood, and the survey regarding
installation of a wall.
Mayor Frometa commented regarding the legal requirements for the process and the
importance of due diligence. Interim City Attorney Langer advised regarding provisions of the California
Vehicle Code dictating how and when streets may be closed. She commented regarding plans to study
the temporary barrier to determine how effective and impactful the barrier would be and its necessity
and moving forward with a permanent solution based on this information. Mayor Frometa commented
regarding the City's efforts to address the residents' concerns in the Manzanar neighborhood. She
assured the residents that they are being heard and suggested that they reach out to their neighbors to
discuss the survey bring distributed regarding the installation of a permanent wall. She commented
regarding the increase in crime not only in Downey but in the entire State. She assured the residents
that the City understands their frustration and commented regarding the Police Department's efforts to
address the many critical incidents throughout the City including those of immediate urgency. She
confirmed that the City is waiting on the results of the study to be completed and there is no additional
update at this time.
Christopher Rowland, resident, commented regarding requests to install a wall on Manzanar
Ave., safety concerns, Code Enforcement, accountability, and National Nurses Week.
Resident, no name provided, commented regarding his concerns of Ordinance No. 22-147
requiring platinum LEED certification for properties subject to Senate Bill 9 and the cost of building
affordable housing.
Mayor Pro Tem Trujillo requested to confirm the LEED requirements for SB 9 properties.
It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Horn, and carried 4-0, to
close public comment.
CONSENT CALENDAR
Mayor Pro Tem Trujillo abstained from Item No. 1, Regular Meeting Open Session Minutes of
March 28, 2023 as he did not attend the meeting; and, Item Nos. 10 and 15 due to owning property in
the area.
It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Sosa, and carried 4-0,
to approve the Consent Calendar.
2. APPROVED MINUTES: Regular Meeting of April 11, 2023 (Closed Session); Regular Meetings of
February 28, March 28 and April 11, 2023 (Open Sessions): City Clerk.
3. WARRANTS ISSUED APRIL 26, 2023: Warrant Nos. 367206 — 367556; Payroll Wire Nos.
30004334 and 30004336 — 3000438; EFT Nos. 12405 — 12446; Manual Wire Nos. 2363 — 2365 in
the total amount of $4,067,894.57: Finance.
City Council Minutes
Regular Meeting — May 9, 2023 6
4. WARRANTS ISSUED MAY 9, 2023: Warrant Nos. 367557 — 367924; Payroll Wire Nos. 30004339
— 30004340 and 30004342; EFT Nos. 12447 — 12484; Manual Wire Nos. 2366 — 2372 in the total
amount of $5,325,657.86: Finance.
5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION OF
CONSTRUCTION BIDS FOR 3RD ST. PAVEMENT REHABILITATION PROJECT (CAPITAL
IMPROVEMENT PROJECT NO. 22-04): Public Works.
6. AUTHORIZED THE PURCHASE AND INSTALLATION OF FOUR AUTOMATED PAY STATIONS
FOR WILDERNESS PARK IN THE AMOUNT OF $58,186 FROM FUND NO. 40-1-6883-0520:
Parks & Recreation.
7. AUTHORIZED THE PURCHASE AND INSTALLATION OF NEW SECURITY CAMERAS,
EQUIPMENT AND INFRASTRUCTURE FROM BTI COMMUNICATIONS GROUP LTD FOR
FURMAN PARK IN AN AMOUNT NOT TO EXCEED $44,651: Parks & Recreation.
8. AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE PROFESSIONAL
SERVICES AGREEMENT WITH GPA CONSULTING IN THE AMOUNT OF $9,997, INCLUDING
ANY NON -SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS, AND
AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $11,000: Community
Development.
9. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES, INC. TO
PROVIDE CDBG, HOME AND HUD ADMINISTRATION SERVICES FOR AN INITIAL TWO (2)
YEAR TERM BEGINNING ON JULY 1, 2023 WITH TWO OPTIONAL, ONE (1) YEAR
EXTENSIONS; AND, AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT, INCLUDING ANY NON -SUBSTANTIVE EXTENSIONS, CHANGE ORDERS,
PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF
$309,750: Community Development.
10. APPROVED THE LICENSE AGREEMENT WITH AVENUE THEATRE, LLC. FOR USE OF CITY
LICENSE AREA, FOR A 12-MONTH TERM FROM THE EFFECTIVE DATE; AND, AUTHORIZED
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE LICENSE AGREEMENT WITH
AVENUE THEATRE INCLUDING ANY NON -SUBSTANTIVE EXTENSIONS AND
AMENDMENTS: Administration.
11. INCREASED APPROPRIATIONS IN MEASURE S CAPITAL FUND AND AUTHORIZED A CASH
PURCHASE IN THE AMOUNT OF $2,190,660 FOR TWO FIRE ENGINES (TWO NEW PIERCE
ENFORCER TRIPLE COMBINATION PUMPERS) FROM SOUTH COAST FIRE EQUIPMENT,
INC.: Administration/Fire/Finance.
12. RESOLUTION IN SUPPORT OF THE FORMATION OF AND INCLUSION IN THE LOWER SAN
GABRIEL RIVER RECREATION AND PARKS DISTRICT: Administration.
1) ADOPTED RESOLUTION NO. 23-8165, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY IN SUPPORT OF THE FORMATION OF AND INCLUSION IN
THE "LOWER SAN GABRIEL RIVER RECREATION AND PARKS DISTRICT";
2) DIRECTED THE CITY CLERK TO FILE THE RESOLUTION WITH LOCAL AREA
FORMATION COMMISSION — LOS ANGELES (LAFCO-LA); AND,
3) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO APPROVE THE FINAL
DISTRICT BOUNDARY MAP ON BEHALF OF THE CITY.
City Council Minutes
Regular Meeting — May 9, 2023 7
13. AUTHORIZED DESTRUCTION OF CERTAIN OBSOLETE FINANCE DEPARTMENT RECORDS:
Finance.
ADOPTED RESOLUTION NO. 23-8166, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
OF THE FINANCE DEPARTMENT.
14. AUTHORIZED DESTRUCTION OF CERTAIN OBSOLETE FIRE DEPARTMENT RECORDS: Fire.
ADOPTED RESOLUTION NO. 23-8167, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
OF THE FIRE DEPARTMENT.
1S. APPROVED THE STREET CLOSURE APPLICATION SUBMITTED BY ANGEL CITY MARKET,
INC. ON BEHALF OF DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION (DDIA) FOR
THEIR SCHEDULED 2023 SPECIAL EVENTS: Community Development.
ADMINISTRATIVE REPORTS
16. PROHIBITION OF THE UNLAWFUL POSSESSION OF DETACHED CATALYTIC
CONVERTERS: City Prosecutor/Police.
THAT THE CITY COUNCIL INTRODUCED, BY TITLE ONLY, AND WAIVED FULL READING OF:
ORDINANCE NO. 23-1506, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY ADDING CHAPTER 1.5 ("UNLAWFUL POSSESSION OF CATALYTIC
CONVERTER") OF ARTICLE IV ("PUBLIC WELFARE, MORALS AND POLICY") OF THE
DOWNEY MUNICIPAL CODE TO PROHIBIT THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS IN THE CITY
Chief Murray provided background information regarding the increased number of catalytic
converter thefts and the intent of the Ordinance to deter theft, hold criminals accountable, and make it
illegal to unlawfully possess catalytic converters.
City Prosecutor Eckart presented the staff report for item No. 16. He defined the role of a
catalytic converter, provided figures regarding the increase in reported catalytic converter thefts, and
explained reasons for the increase. He noted the difficulties of prosecuting cases due to lack of an
identifiable victim. He added the City is hosting events to etch catalytic converters, stated this allows
law enforcement to identify victims of the theft if the catalytic converter is recovered, and noted the
difficulty of prosecuting cases without the etching. He shared efforts by the State to review statutes and
assist local jurisdictions in prosecuting these crimes. He explained the purpose of the Ordinance to
prohibit possession of a catalytic converter that is not attached to a vehicle (other than by a Core
Recycler) without verifiable proof of ownership He detailed means of verifying proof of ownership and
stated possession of a detached catalytic converter without verifiable proof of ownership is deemed
unlawful. He noted the Ordinance is similar to ordinances enacted by other jurisdictions. He provided
the benefits, such as not requiring proof of theft or identification of a victim, which would help law
enforcement crack down on theft of catalytic converters.
Mayor Frometa inquired regarding the increase in thefts in Downey. Mr. Eckart shared that there
were 142 reported catalytic converter thefts in the City of Downey in 2020 and 340 reported thefts in
2021 and 2022. He noted this increase is occurring despite the City providing two etching events, with
another event scheduled. He stated catalytic converter theft costs taxpayers a substantial amount of
money if their insurance will not cover replacement and results in insurance rate increases for
City Council Minutes
Regular Meeting — May 9, 2023 8
everyone. Mayor Frometa shared similar ordinances have been adopted by the cities of Norwalk,
Bellflower, Whittier, La Mirada, Artesia, Lakewood, Huntington Beach, and Los Angeles. Mr. Eckart
confirmed her statement and added several additional jurisdictions are considering and presenting
similar ordinances in the next couple of months.
Council Member Horn requested to confirm there would be a paper trail when vehicle owners
have their catalytic converters changed. Mr. Eckart confirmed the vehicle owner would sign over the
catalytic converter to Core Recyclers, which are governed by the Business and Professions Code and
are required to maintain certain records when taking the catalytic converter from a vehicle. Council
Member Horn inquired regarding the paperwork required when a vehicle is signed over to a junkyard.
Mr. Eckart responded when a junkyard receives a vehicle, they become the owner of every component
of the vehicle. Council Member Horn inquired regarding tracking parts sold on the black market through
a chop shop. Mr. Eckart responded the Ordinance is intended to address this issue because there
would be no way to track a catalytic converter that has not been etched.
It was moved by Mayor Frometa, seconded by Council Member Horn, and carried 4-0, to
introduce, by title only, and waive full reading of Ordinance No. 23-1506, an Ordinance of the City
Council of the City of Downey adding Chapter 1.5 ("Unlawful Possession of Catalytic Converter") of
Article 1V ("Public Welfare, Morals and Policy") of the Downey Municipal Code to prohibit the unlawful
possession of catalytic converters in the City.
17. DISCUSSED PROPOSED PROCEDURES FOR THE POLICE DEPARTMENT'S CARRY
CONCEALED WEAPONS PERMITTING PROCESS: Police.
Police Captain Baker presented the staff report for Item No. 17. He shared the City has had an
agreement with the L.A. County Sheriffs Department to process Carry Concealed Weapons (CCW)
permit applications from Downey residents. He stated this changed in August 2022 as a result of a
Supreme Court Decision striking down the "good cause" requirement to be issued a CCW permit. He
noted the number of applications multiplied, causing the Sheriffs Department to end the agreement. He
stated the Police Department staff has researched practices to process applications efficiently and
conduct thorough background investigations. He shared staff explored partnership with outside vendors
due to the amount of staff time needed to process one application. He stated staff reached out to other
law enforcement agencies, received presentations from two vendors, and determined MyCCW.US,
operated by M. Pino & Associates, was the right fit for the City's needs. He shared the organization uses
certified background investigators, handles the application process, conducts background investigations,
and assists applicants in scheduling appointments to complete the process. He stated M. Pino &
Associates bills the applicant $398 for processing the application and will provide the Police Department
with the background investigation, certifications for the range training, and the psychological review. He
estimated the process would take 30-45 days to deliver the results to the Police Department for review
by the Chief of Police or her designee, provided that the applicant provides documents promptly. He
shared the Police Department would charge a $100 administrative fee if the permit is issued. He added
the applicant would pay a $25 live scan fee, a $93 Department of Justice Background fee, range training
fees, and $150 for a psychological review. He stated the psychological review generally costs $300 but
the City may only charge $150 due to a State statute. He stated the City would be responsible for the
remaining $150 and informed the Council the City commissioned a fee study in 2016 that determined it
costs the City approximately $2,330 to process a CCW permit application, not including the other fees
mentioned. He stated the fee schedule allows the City to charge $339 and noted the need to amend the
fee schedule. He shared the next step would be to return to the City Council to approve the contract with
M. Pino & Associates and update the City's fee schedule.
Mayor Frometa inquired how often a CCW permit must be renewed. Captain Baker responded
the CCW permit is renewed every 2 years and shared the renewal fees decrease as M. Pino &
Associates charges $348 for renewal applications, the DOJ fees go down, and the City cannot require a
psychological review without just cause. Mayor Frometa inquired regarding the number of CCW permit
City Council Minutes
Regular Meeting — May 9, 2023 9
applications that have originated from Downey. Captain Baker responded staff inquired and the Sheriff's
Department was not able to provide the figures. He shared that 43 applications have been waiting to be
processed since August 2022 and estimated the City would receive 50 to 60 applications per year.
Mayor Frometa inquired regarding the turnaround time for the application process and how the
psychological review is conducted. Captain Baker replied it takes 30 to 45-day turnaround from M. Pino
& Associates and stated the psychological review is handled by the City's counseling team contracted
by the Police Department. He noted the turnaround time would be dependent on the applicant returning
documents and scheduling appointments promptly. He estimated a two to three-week turnaround for the
Police Department to review the background check and issue the permit.
Council Member Horn inquired regarding the estimated $2,330 cost to process an application,
the amount paid by the City, and the amount passed down to the applicant. Captain Baker responded
the 2016 estimate does not include the range training fees and is purely based on staff time, which
includes personnel handling the background investigation. He expressed concerns regarding the staff
time to complete a thorough background investigation, which produces a report in excess of 20 pages.
He commented regarding the amount of work required at a cost of $398. Council Member Horn
requested to confirm M. Pino & Associates would be conducting most of the work to process the
application and inquired regarding the $398 charged. Captain Baker responded the $398 would be paid
by the applicant directly to M. Pino & Associates. Council Member Horn inquired regarding the costs
paid by the Police Department. Captain Baker responded the Police Department would not cover any of
the costs outside of the $150 for the psychological exam and would incur the cost of staff time to review
the product provided by the vendor. Council Member Horn inquired whether the City recovers any costs
when the applicant renews the CCW permit. Captain Baker responded the applicant would pay $348 to
M. Pino & Associates for another background investigation and State statute limits the administrative fee
charged by the Police Department to $25. He stated more costs are incurred by the City based on staff
time and reiterated the City cannot require a psychological review for the renewal unless there is just
cause. Council Member Horn commented regarding the cost to the City with each application
processed. Captain Baker responded regarding updating the fee schedule to allow the City to recover
more than the $339 currently allowed and the benefits of saving staff time. Council Member Horn
commented regarding the financial loss to the City due to limits on how much the City may charge and
passing through costs to the applicant.
City Manager Bradley stated this item is an informational item and staff will take the information
discussed and return to a future City Council meeting with an item.
18. DISCUSSED OPTIONS FOR CONDUCTING VIRTUAL OR "HYBRID" MEETINGS UNDER AB
2449, AUTHORIZATION FOR COUNCILMEMBER'S REMOTE ATTENDANCE PURSUANT
THERETO: City Attorney.
Interim City Attorney Langer presented the staff report for Item No. 18. She commented
regarding the adoption and implementation of Assembly Bill 2449 which allows for hybrid remote
participation by Council Members at Brown Act meetings. She discussed all teleconferencing options
and reminded the City Council the Brown Act has always had provisions for traditional teleconferencing.
She stated traditional teleconferencing allows a Council Member to call into a meeting so long as a
quorum of the legislative body are doing so from locations within the agency's jurisdiction. She
summarized the teleconferencing creates a new meeting room where the public may participate. She
added all votes must be taken by roll call, the Council Member must remain on speaker phone, and the
meeting must stop if technical difficulties occur. She commented regarding remote meetings held
during the COVID-19 pandemic where everyone participated remotely on Zoom, and hybrid meetings in
which participants were both in -person and on Zoom. She noted those provisions are not relevant
because the City cannot make the health and safety findings needed to conduct a hybrid meeting. She
shared the State legislature realized Council Members may not be able to participate due to their
health, an emergency, or family circumstances, and developed an option that mixes the two types of
participation. She stated AB 2449 allows a Council Member to participate remotely due to a just cause
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Regular Meeting — May 9, 2023 10
or medical emergency, subject to specific and technical requirements. She commented regarding the
difficulty of implementing the option if the hybrid option is not already provided. She stated the City
Council would need to consider whether to authorize hybrid meetings and clarified there are no pending
requests for remote participation. She shared requirements that the Council Member must have audio
and visual enabled at all times, the camera view must be broadcasted, the Council Member must
disclose if anyone over the age of 18 is present in the room with them, and the meeting must be
accessible remotely to the public. She stated the public must be able to participate remotely, either
through Zoom or a phone call as long as the City is broadcasting the meeting live. She commented
regarding the livestream delay possibly causing issues for those participating from horse. She
explained the agenda must provide notice that a Council Member will be participating remotely and how
the public may participate in the meeting remotely. She shared staff would need direction from the
Council in advance in order to prepare the agenda in the event that a Council Member requests to
participate remotely and stated the meeting would need to be stopped if technical disruptions occur. In
addition, all votes would be by roll call, and the public must be allowed to participate remotely. She
listed the just cause and emergency reasons for which a Council Member may participate virtually. She
noted limitations stating that this option may be used twice in a year and cannot be utilized for more
than 20% of meetings in a year. She confirmed if the City Council would prefer not to pursue the option
under AB 2449, traditional teleconferencing is available if the Council Member's meeting location is
posted on the Council Meeting Agenda.
Council Member Horn requested to clarify the quorum requirement. City Attorney Langer
confirmed three Council Members must be present and, this option is not intended for a larger issue but
when one Council Member has a personal need or family need.
Mayor Frometa commented regarding traditional teleconferencing pursuant to the Brown Act
without involving AB 2449.
Mayor Pro Tern Trujillo expressed concerns that the process is too cumbersome. He stated the
City does not need to consider the AB 2449 option as the traditional teleconferencing option would be
available.
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting at 9.28 p.m. in memory of Rex
"Scott" Knox, retired City employee; the nine U.S. Army Service Members who perished during a
helicopter accident in Kentucky; the three U.S. Army Soldiers who perished during a helicopter crash in
Alaska; Los Angeles Police Officer Baldemar Sandoval, who perished while off duty in a traffic collision;
Riverside County Sheriff's Deputy Andrew Davidson, who perished hile off duty in a motorcycle
collision; the victims of the Allen, Texas mall shooting; and, the live d to CO 9
A ALICIA DUART CLAUDIA M. FROME A
City Clerk Mayor
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Regular Meeting — May 9, 2023 11