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HomeMy WebLinkAboutMinutes 01-24-23 Special MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL MEETING JANUARY 24, 2023 The City Council of the City of Downey held a Special City Council Meeting on January 24, 2023, at 5:39 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 Vacant Council Member, District 1 Catherine Alvarez Council Member Hector Sosa Council Member ALSO PRESENT: Mark Scott, Interim City Manager Vaniah De Rojas, Interim Assistant City Manager Lauren Langer, Interim City Attorney Leslie Murray, Police Chief Dan Hurlock, Fire Chief Ed Norris, Interim Public Works Director Monica Ortiz, Recreation Manager Crystal Landavazo, Interim Community Development Director Maria Rivas, Acting Assistant to the City Manager M. Alicia Duarte, CMC, City Clerk The Invocation was delivered by Rev. Samuel W. Ward, St. Raymond Catholic Church. The Pledge of Allegiance was led by Chief Murray. Mayor Frometa announced the Agenda would be rearranged to address the Public Hearing item first, followed by Presentations, and then Council Members' and City Manager's Comments. PUBLIC HEARINGS 1. INTERVIEW APPLICANTS FOR THE COUNCIL DISTRICT 1 VACANCY, RECEIVE INPUT FROM THE COMMUNITY REGARDING THE VACANCY APPOINTMENT AND CONSIDERATION OF APPOINTMENT TO FILL THE VACANCY: City Clerk. 1) CONDUCTED INTERVIEWS OF FOUR APPLICANTS FOR THE COUNCIL DISTRICT 1 VACANCY; 2) RECEIVED INPUT FROM THE COMMUNITY REGARDING THE VACANCY APPOINTMENT; 3) ADOPTED THE FOLLOWING RESOLUTION: ADOPTED RESOLUTION NO. 23-8136, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING AND DECLARING THAT A TEMPORARY APPOINTMENT TO FILL A VACANCY ON THE DOWNEY CITY COUNCIL FOR ELECTORAL DISTRICT 1 IS ESSENTIAL TO PROPERLY CONDUCT CITY BUSINESS PURSUANT TO DOWNEY CITY CHARTER SECTION 503(E) PENDING THE NOVEMBER City Council Minutes Special Meeting — January 24, 2023 1 7, 2023 SPECIAL MUNICIPAL ELECTION TO FILL THE VACANCY FOR THE REMAINDER OF THE TERM; AND, 4) CONSIDERED APPOINTING A QUALIFIED APPLICANT TO BE SWORN IN ON JANUARY 26, 2023 TO TEMPORARILY FILL THE COUNCIL DISTRICT 1 SEAT UNTIL A SUCCESSOR IS ELECTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2023. Mayor Frometa opened the Public Hearing at 5:45 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Frometa, seconded by Council Member Alvarez, and carried 4-0, to receive and file the publication. City Clerk Duarte presented the staff report for Item No. 1. She shared details regarding the City Council's direction on December 8, 2022, to temporarily fill the Council District 1 vacancy created by the resignation of former Council Member Blanca Pacheco. She clarified the appointment would be temporary, until the holding of a Special Municipal Election on November 7, 2023, after which the seat would be filled by the candidate elected by the voters of District 1 into office for the remainder of the unexpired City Council term ending November 2024. She stated Council Member Pacheco's resignation on December 4, 2022, triggered a 60-day period for the City Council to temporarily fill the District 1 seat by appointment and that 60-day period was set to expire on February 2, 2023. She added if the City Council selects an applicant, he or she would be sworn in and seated at a Special City Council meeting to be held on January 26, 2023, however, if no applicant was selected by the City Council by the February 2, the seat would remain vacant until the holding of the Special Municipal Election on November 7, 2023. She provided details regarding the application process and confirmed that voter eligibility and registration status was verified with the Los Angeles Registrar Recorder - County Clerk's Office. She announced the names of the four applicants: Timothy Horn, Hector Lujan, Elvira Meraz, and Horacio Ortiz. Mayor Frometa thanked the applicants for their interest in filling the Council District 1 vacancy and provided a description of the process for the Council District 1 applicant interviews. She stated each applicant would have the opportunity to introduce themselves, respond to two questions from each of the Council Members, and provide closing remarks. She explained that the City Council would receive public comment at the conclusion of the interviews and would deliberate and consider taking formal action to appoint an applicant to temporarily fill the Council District 1 seat, until the holding of a Special Municipal Election on November 7, 2023. City Clerk Duarte conducted the random drawing to determine the order of interviews. The randomized drawing produced the list in the following order: 1) Timothy Horn 2) Hector Lujan 3) Horacio Ortiz 4) Elvira Meraz Mayor Frometa requested the applicants step into their designated seating area until they were called upon for their interview. Mr. Timothy Horn was interviewed by the City Council. Mr. Horn thanked the City Council for the opportunity and identified areas for improvement within his District and in the City. He provided his main priorities of addressing public safety and parking. He shared his concerns regarding preferential parking districts. He suggested setting enforcement of preferential parking hours from 6 p.m. to 6 a.m. to allow working individuals to park on City Council Minutes Special Meeting — January 24, 2023 2 their street. He commented regarding alternatives that adequately address parking and traffic issues. He provided the example of Ward Elementary adding three parking spaces, which does not sufficiently address their traffic backup. Mayor Frometa asked Question Nos. 1 and 2. 1) Why are you interested in this appointment? Mr. Horn commented regarding parking issues brought up by Mayor Pro Tern Trujillo and stated each parking issue is unique and would require multiple approaches for resolution. He provided the example of 2nd St. and Paramount Blvd. which has back alleys, trash bins, and vehicles blocking access to garages. He commented regarding public safety at schools and expressed concerns regarding vandalism of new school buildings due to recent construction. He advocated for a proactive approach, such as installation of additional lighting at the schools. 2) What qualities do you have that will help bring stability and help promote compromise to this Council? Mr. Horn stated he is an open thinker and has offered differing opinions during his service on the Public Works Committee. He shared that some issues must be elaborated on to help individuals understand the matter. He provided examples of rewording signage in the area of the schools to promote understanding. Mayor Pro Tern Trujillo asked Question Nos. 3 and 4. 3) If appointed what would be your top three goals to work on during your time on the Council? Mr. Horn responded his first goal would be public safety and providing lighting to the local elementary schools. He shared his goal to address parking issues in the City. He provided an example of large trucks causing limited space issues at the main Post Office parking lot for other vehicles. He suggested parking large trucks at a further lot or developing special parking for mail trucks. 4) What do you believe are the top issues facing Downey today? Mr. Horn stated one of the top issues is public safety and commented regarding public safety incidents in the City. He emphasized ensuring the City has the staff necessary for enforcement. He shared issues surrounding parking and vandalism. Council Member Sosa asked Question Nos. 5 and 6. 5) What service organizations are you part of and for how long have you been serving on them? Mr. Horn stated he has been active in Downey since the 1980s and commented regarding his experience and service with the IRS Volunteer Income Tax Assistance (VITA) program. He mentioned being a recipient of the IRS Gold Leaf Award for his service and knowledge in the field of taxation. He shared his participation in canned food drives and the Warren High School recycling programs, many years of experience dealing with the senior population and the Medicare system, and work to bring the headquarters of a health -based organization to Downey. City Council Minutes Special Meeting — January 24, 2023 3 6) How long have you lived in District 1? What do you feel are the top priorities for your District? Mr. Horn stated that he has lived in District 1 for 50 years. He commented regarding changes in traffic lights and signage. He shared his involvement in a coalition of 213 homes concerned with crime prevention and commented regarding public safety as a top priority. Council Member Alvarez asked Question Nos. 7 and 8. 7) One of the persistent issues the community brings up is the cost of housing, especially rents. Over half of Downey residents are renters. What are your broad views on addressing this issue faced by Downey families? Mr. Horn commented regarding lack of parking for residents of rental units and overflow of parking in the neighborhood. He commented regarding monthly parking fees for residents of the rental units and regarding rental issues and eviction laws. He made mention of a rental assistance grant program, expanding programs for job seekers, and rehabilitation for homeless individuals at Rancho Los Amigos. He reiterated the need for programs to retrain and retool individuals who are not able to obtain employment. 8) Are you planning to run in November? Mr. Horn responded he is considering running in the November election depending on his performance as a Council Member. He commented regarding his tenure as a Public Works Committee Member and his proactive approach to issues such as parking, theft and vandalism at schools, and substance abuse at certain locations within the City. Mr. Horn concluded his interview by stating he has ideas he would like to share with the City and commented regarding the need to discuss issues in detail, make rules, possibly change laws, and enforce them. He commented regarding issues such as parking on lawns and the need to determine the extent of the issue to resolve the problem. Hector Lujan was interviewed by the City Council. Mr. Lujan thanked the City Council for the opportunity and expressed his desire to become colleagues with the Council Members. He shared he is a longtime Downey resident of 26 years and raised family in Downey. He shared his love for Downey and involvement in public service. He stated he and his wife work in public education and are involved the community through youth sports and at St. Raymond Church. He provided his history as a teacher, Dean of Paramount High School, and his current role as an Assistant Principal for Paramount Adult School. He shared his leadership roles with West Downey Little League, Downey AYSO Region 24, Kiwanis, and Relay for Life. Mayor Frometa asked Question Nos. 1 and 2. 1) Why are you interested in this appointment? Mr. Lujanshared Assembly Member Pacheco contacted him and they discussed his application for the Council seat. He shared his love for the City and his desire to make a positive impact by serving on the City Council. 2) What qualities do you have that will help bring stability and help promote compromise to this Council? Mr. Lujan commented regarding his leadership experience, lack of bias, and desire to help the community. He commented regarding professionalism, disagreeing in a respectful manner, and listening. City Council Minutes Special Meeting — January 24, 2023 4 Mayor Pro Tern Trujillo asked Question Nos. 3 and 4. 3) If appointed what would be your top 3 goals to work on during your time on the Council? Mr. Lujan identified public safety as a top priority and referred to incidents in Monterey Park and Half Moon Bay. He emphasized the need to prioritize safety for everyone including children and the elderly. He commented regarding supporting the Police and Fire Departments and supporting public safety resources. He added parks and recreation as a priority due to his involvement in youth sports. He commented regarding the Rancho Los Amigos Sports Complex, his previous role as a Planning Commissioner, and partnership with Los Angeles County. He stated children need spaces to play and compete, stay safe, and build friendships. He identified his third priority would be economic development as prospering businesses help the City. He commented regarding his past experience as a Planning Commissioner. He commented regarding the need to be open and inviting to new businesses and local mom and pop shops. 4) What do you believe are the top issues facing Downey today? Mr. Lujan commented regarding the need to bring in new businesses, closure of businesses on Firestone Blvd., and the impact of COVID-19. He shared his goal of helping businesses flourish again. Council Member Sosa asked Question Nos. 5 and 6. 5) What service organizations are you part of and for how long have you been serving on them? Mr. Lujan responded that he has served AYSO for the past 21 years in different capacities as a coach, Division Manager, and Commissioner. He has served as a basketball coach at St. Raymond School. He stated that he is a team captain for Relay for Life and reported that his team raised $1,600- $1,700. He shared the difficulty in recruiting volunteers following the COVID-19 pandemic and stated the cities of Paramount, Downey, Bellflower and Norwalk came together to host Relay for Life. He highlighted his involvement with the Kiwanis Club and West Downey Little League. 6) How long have you lived in District 1? What do you feel are the top priorities for your district? Mr. Lujan responded his family has lived in Downey for 26 years. He noted safety as a priority. He stated that he lives close to Paramount Blvd and while there are areas of concern, there are no problems with graffiti. He commented regarding local liquor stores and stated that the District is flourishing and Kaiser and the Promenade have made a positive impact. Council Member Alvarez asked Question Nos. 7 and 8. 7) One of the persistent issues the community brings up is the cost of housing, especially rents. Over half of Downey residents are renters. What are your broad views on addressing this issue faced by Downey families? Mr. Lujan responded that the cost of housing has risen everywhere, not just in Downey, and affects everyone. He commented regarding consideration of the cost of living, property taxes, and public safety. He stated that Downey is a great place to live and residents may pay more to live in a City with great schools. He stated that he is a homeowner and commented regarding the cost of repairs, which may be passed down to renters. 8) Are you planning to run in November? City Council Minutes Special Meeting — January 24, 2023 5 Mr. Lujan responded that he has not decided whether he will run in the November election. He stated he talked to his wife and expressed his interest in running. He reiterated his love for the City and his desire to be involved. Mr. Lujan concluded by thanking the City Council for the opportunity. He stated he has served the City in different capacities and as an educator, he is here to help the community and the kids. He stated if he were selected, he would enjoy the experience, do the best he can, and take the position seriously. He shared that he is very loyal and has worked at the Paramount Unified School District as an aide, then worked at the District office for 5 years before teaching for 16-17 years, and finally serving 7-8 years as an Assistant Principal at the Paramount Adult School. He stated he would provide stability and loyalty as a Council Member and shared his desire to create a positive impact as a representative for the community. Mayor Frometa recessed the Public Hearing at 6:34 p.m. PRESENTATIONS 1. Mayor Frometa presented Certificates of Recognition to the Downey High Football and Boys' Water Polo Teams for winning the CIF Championships. RECESS/RECONVENE Mayor Frometa recessed the City Council meeting at 6:48 p.m. Mayor Frometa reconvened the City Council meeting at 6:57 p.m. with all Council Members present. PUBLIC HEARING — CONTINUED Mayor Frometa reconvened the Public Hearing at 6:57 p.m. with all Council Members present. Horacio Ortiz was interviewed by the City Council. Mr. Ortiz thanked the City Council for the opportunity and announced his interested in filling the vacancy on the City Council. He stated serving the residents of District 1 will be his focus and added that Downey Council Members represent all Downey residents. He commented regarding unity and shared his position as a business owner and the need for stability in the workforce. He stated that he has lived in Downey for the last 29 years and loves the City. He shared his age and role as a son, brother, friend, business owner, neighbor, and public servant. He shared his family's history in Downey and his hopes of raising a family in Downey as well. He commented regarding his service as Chair of the Planning Commission and commented regarding his "no" vote regarding the Ojos Locos project. He noted that the community's core family values would guide him through his appointment and provided his educational background and efforts to get to know the City. He shared his faith and belief in his calling as a Council Member. He commented regarding his qualifications, integrity to do what is right for the City, and the experience to be an effective Council Member. He expressed his hope to work alongside the City Council for the benefit of the City. Mayor Frometa asked Question Nos. 1 and 2. 1) Why are you interested in this appointment? Mr. Ortiz commented regarding businesses leaving Downey and the Recall Election. He commented regarding the need for new leadership and his interest in helping the community. City Council Minutes Special Meeting — January 24, 2023 6 2) What qualities do you have that will help bring stability and help promote compromise to this Council? Mr. Ortiz shared that his family taught him regarding compassion for the needs of the community and passion to see Downey move forward to a new future. He stated that he hears what the community needs and the qualities of a good Council Member. He added he would bring these qualities to the City Council and make sure the City has stability. Mayor Pro Tern Trujillo asked Question Nos. 3 and 4. 3) If appointed what would be your top 3 goals to work on during your time on the Council? Mr. Ortiz identified his goal of tackling homelessness and noted the Los Angeles County Board of Supervisors announced a State of Emergency on Homelessness. He shared his intent to get educated and improve resources to tackle the issue. He stated his second priority is public safety and referred to the recent mass shootings. He commented regarding having funds and resources available to make sure the community is safe. He stated his most important goal is to make sure Downey is a more business friendly community. He shared a conversation with a developer who stated that $70,000 has been paid in property taxes without the development moving forward. He shared his intent to cut the red tape and ensure developers do not move to other cities. 4) What do you believe are the top issues facing Downey today? Mr. Ortiz commented regarding stability on the City Council, the City Manager position, and the departure of City department heads. He expressed concerns regarding businesses leaving District 1 and noted District 1 is a major industrial and commercial area. He commented regarding focusing on progress in District 1 and bringing more businesses to the area. Council Member Sosa asked Question Nos. 5 and 6. 5) What service organizations are you part of and for how long have you been serving on them? Mr. Ortiz responded he started serving as an altar server in the fourth grade and became the alumni director for youth programs at his high school, Don Bosco Technical Institute. He stated he then became involved in the community and was appointed to the Planning Commission where he now serves as the Chair. He shared he joined Downey Kiwanis and Gangs Out of Downey and added he joined the Downey Rose Float Association and donated fruits and vegetables that were part of the float. 6) How long have you lived in District 1? What do you feel are the top priorities for your district? Mr. Ortiz shared the main issue of homelessness and stated the District 1 has the highest concentration of homelessness, encampments, and crime. He stated he has lived in Downey for 29 years, first in District 4, then District 3, and he now lives in District 1. City Council Minutes Special Meeting — January 24, 2023 7 Council Member Alvarez asked Question Nos. 7 and 8. 7) One of the persistent issues the community brings up is the cost of housing, especially rents. Over half of Downey residents are renters. What are your broad views on addressing this issue faced by Downey families? Mr. Ortiz shared his awareness of rental issues and his status as a renter in Downey. He emphasized the importance of the issue of housing due to the number of renters in the City. He commented regarding maximizing production to have more affordable housing available. He shared that as a Planning Commissioner he voted to approve a project in Rancho Los Amigos that will provide 600-800 more homes. He identified himself as a housing advocate and stated that more development would bring affordable housing and address the issue. 8) Are you planning to run in November? Mr. Ortiz confirmed that he will run for the position in November. Mr. Ortiz concluded by thanking the City Council and acknowledging the difficulties in serving as a Council Member. He shared his desire for the betterment of the community and his love for the community. He commented regarding his family's history in Downey. He shared his willingness to work alongside the City Council as an independent voice. Elvira Meraz was interviewed by the City Council. Ms. Meraz introduced herself as a woman of faith, wife, mother to four children, small business owner, and concerned resident. She shared her decision to apply for the position to bring change and a sense of stability to the City. She announced that she is not interested in higher office elsewhere and seeks to serve her community by representing her District. She listed her involvement in the Ward Elementary School Site Council and her roles as auditor for the Ward Elementary PTA, Kiwanis member, Downey Chamber of Commerce Ambassador, and Neighborhood Watch Block Captain. She stated she has lived in District 1 for over a decade and has witnessed many changes to the District. She shared her conversation with Assembly Member Pacheco regarding her concerns and representing the outskirts of Downey. She stated her desire to help the City move forward as a city where residents want to live long-term and businesses want to open and thrive. She expressed her love for the City and her hard work in buying a home in the City eight years ago. She commented regarding housing affordability in District 1 and the desire of residents to raise their families in a safe and welcomimg environment. She shared that she works in Downey and her children go to school in Downey. She stated that she wants what is best for the City. Mayor Frometa asked Question Nos. 1 and 2. 1) Why are you interested in this appointment? Ms. Meraz shared her desire to represent her District well and without any agenda. She stated she can relate to her constituents in District 1. 2) What qualities do you have that will help bring stability and help promote compromise to this Council? Ms. Meraz stated compromise is one of her strengths and a part of her position as a mortgage loan originator. She shared how having a blended family involves great compromise and how she can serve that role for the City. City Council Minutes Special Meeting — January 24, 2023 8 Mayor Frometa provided the opportunity to address an article in the local newspaper and how it relates to promoting compromise and stability in the City. Ms. Meraz clarified that she filed a restraining order against an individual and clarified the details in The Downey Patriot article were not accurate. She stated that her family is a loving blended family and shared details regarding her children's accomplishments. She added that staying together through challenges as a blended family makes them stronger. Mayor Pro Tern Trujillo asked Question Nos. 3 and 4. 3) If appointed what would be your top 3 goals to work on during your time on the Council? Ms. Meraz identified her goals as opening a line of communication with residents and business owners of District 1 to address the issues they are experiencing, improving the appearance of the highest traffic areas to deter crime, and developing sensible solutions for all residents of all ages to feel safe being outdoors at all hours. 4) What do you believe are the top issues facing Downey today? Ms. Meraz responded the top issue is turmoil on the City Council. She shared she gets along well with others, can promote stability, and believes in order. Council Member Sosa asked Question Nos. 5 and 6. 5) What service organizations are you part of and for how long have you been serving on them? Ms. Meraz responded she has served on the Ward Elementary School Site Council for the past year, the Ward Elementary PTA for several years, and now serves as the auditor for the PTA. She shared that she is a member of Downey Kiwanis and added she is the Ambassador to the Chamber of Commerce for her business in Downey and serves as a Neighborhood Watch Block Captain. 6) How long have you lived in District 1? What do you feel are the top priorities for your district? Ms. Meraz confirmed she has lived in District 1 for over 10 years. She stated District 1 is unique and may be hard to understand for those who have not lived there for a long time. She highlighted good attributes such as the Downey Promenade, Downey Landing, and other businesses and mentioned some areas need improvement and attention. She commented regarding the impact of the Gangs Out of Downey organization and the need to do more due to rising crime. She reiterated that she can represent District 1 well due to understanding its unique needs. Council Member Alvarez asked Question Nos. 7 and 8. 7) One of the persistent issues the community brings up is the cost of housing, especially rents. Over half of Downey residents are renters. What are your broad views on addressing this issue faced by Downey families? Ms. Meraz responded that as long as the City continues to move forward, the cost of living is a small price to pay compared to the reward of living in the City. She expressed sympathy for those who cannot afford rent and shared that she was a renter in Downey for many years before she purchased her home. She commented regarding the issue of the high cost of living statewide and rent control laws implemented by the State. She commented regarding the sensitive nature of the issue. City Council Minutes Special Meeting — January 24, 2023 9 8) Are you planning to run in November? Ms. Meraz confirmed she will run for the position in November. Ms. Meraz concluded by thanking the Council for the opportunity. She shared her passion for serving her community and eagerness to help and be a voice to her constituents. She emphasized the importance of earning the trust of the residents of District 1. She stated her intention of making a difference, bridging the gap between voters and elected officials, and serving without a hidden agenda, only a desire to make a positive difference. Mayor Frometa, at 7:26 p.m., opened this item for public comment. Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding the Public Hearing item. City Clerk Duarte confirmed no written comments were received. Resident, no name provided, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Resident, no name provided, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Non-resident, no name provided, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Lee Squire, resident, commented regarding transparency, fiduciary duty to the voters, disclosure to the voters, the American flag, parents, and disclosure of business interests and conflicts. BC, resident, commented in opposition to appointing an applicant to fill the Council District 1 vacancy, Public Hearings, and First Amendment rights. Juan Martinez, resident, commented regarding applicants, potential conflicts of interest, questions asked to the candidates, and Council Members. Business owner, no name provided, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Manuel Franco, Don Bosco Technical Institute Trustee, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Danya Janoszek, resident, commented in favor of appointing Hector Lujan to the Council District 1 vacancy. Dorothy Pemberton, resident, commented regarding the advantage of incumbents running in the November Special Municipal Election and in favor of appointing long term residents such as Hector Lujan or Timothy Horn to the Council District 1 vacancy. Cheryl Van Rensselaer, resident, inquired regarding the appointment process and commented in favor of incumbents running in the November Special Municipal Election, experience, and consideration of all applicants. Speaker, no name provided, commented in favor of appointing Hector Lujan to the Council District 1 vacancy. City Council Minutes Special Meeting — January 24, 2023 10 Rodolfo Cortes Barragan, non-resident, commented regarding a newspaper publication article concerning an applicant, selection of applicants, and potential conflicts of interest. Paula Mejia, resident, commented regarding the need to appoint a temporarily applicant to fill the Council District 1 and in favor of appointing Horacio Ortiz to the seat. Alexandra Vargas, resident, commented regarding communication and in favor of appointing Elvira Meraz or Horacio Ortiz to the Council District 1 vacancy. Oscar Cisco, resident, commented regarding District 1, qualifications for the Council District 1 appointee, and leadership of the City Council. Alexandra Hanks, local business owner, commented in favor of appointing Horacio Ortiz to the Council District 1 vacancy. Alfred Tovar, resident, commented regarding priorities in the City, leadership, service and in favor of appointing Horacio Ortiz to the Council District 1 vacancy. It was moved by Council Member Sosa, seconded by Mayor Pro Tern Trujillo, and carried 4-0, to close the Public Hearing at 8:16 p.m. It was moved by Mayor Frometa, seconded by Council Member Alvarez, and carried 4-0, to adopt Resolution No. 23-8136, a Resolution of the City Council of the City of Downey determining and declaring that a temporary appointment to fill a vacancy on the Downey City Council for Electoral District 1 is essential to properly conduct City business pursuant to Downey City Charter Section 503(e) pending the November 7, 2023 Special Municipal Election to fill the vacancy for the remainder of the term. Council Member Sosa commended all applicants, and shared his belief in earning the Council seat by reaching out to voters, the benefit of filling the vacancy, and his open-minded approach to the process. Mayor Pro Tern Trujillo thanked the applicants and commented regarding quorum at future City Council meetings and in favor of making an appointment to fill the vacancy in order to conduct City business. Mayor Frometa concurred regarding the Council being entrusted to act on behalf of residents and thanked the applicants. She commented in favor of making the appointment to fill the vacancy due to the need to conduct City business, and the opportunity for District 1 residents to elect their representative in the November 2023 Special Election. It was moved by Council Member Sosa, seconded by Mayor Frometa, and failed 2-2, with Council Member Alvarez and Mayor Pro Tern Trujillo voting no, to appoint Hector Lujan to fill the City Council seat for District 1. Mayor Frometa commented regarding the need to remain fair and impartial. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and failed 2-2, with Council Member Sosa and Mayor Frometa voting no, to appoint Horacio Ortiz to fill the City Council seat for District 1. Mayor Pro Tern Trujillo commented regarding concerns of an unfair advantage to appointed incumbents, issues in Council District 1, representation of District 1 residents, and regarding applicants. City Council Minutes Special Meeting — January 24, 2023 11 Mayor Frometa commented regarding the need to be fair and honest in appointing an applicant to fill the Council District 1 vacancy. She commented regarding the applicants and impartiality. She commented in favor of appointing Hector Lujan to the Council District 1 vacancy due to his experience and service to the City. Council Member Sosa commented regarding keeping an open mind and giving applicants a chance. Mayor Frometa commented regarding the duty of the Council to appoint an applicant to fill the seat. She commented regarding the applicants, impartiality, and the conduct of City business; and, emphasized the responsibility of the City Council to fill the Council District 1 seat. Interim City Attorney Langer commented regarding changes to the public comment process, disturbances at the City Council meetings, and the need to balance the rights of the public to address the Council and to conduct the business of the City. She shared the opportunity for the public to provide comment for closed session items, public hearing items, and general public comment. She commented regarding the City's efforts to bring decorum to the City Council meetings and stated there is no legal obligation that the meetings be televised. She noted the substance of the meeting is being recorded for the public record. She listed steps taken, including requiring speakers to stay seated, requiring number cards, and providing a static PowerPoint slide on the screen during the public comment period, to bring decorum so the City Council may conduct its business in an orderly fashion. Mayor Frometa recessed the City Council meeting at 8:40 p.m. Mayor Frometa reconvened the City Council meeting at 8:50 p.m. with all Council Members present. She commented regarding serving with ethics and integrity. Mayor Frometa commented regarding the need to fill the City Council seat for District 1 and the qualifications of the applicants. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and failed 2-2, with Council Member Sosa and Mayor Frometa voting no, to appoint Timothy Horn to fill the City Council seat for District 1. It was moved by Mayor Frometa, seconded by Council Member Sosa, and failed 2-2, with Council Member Alvarez and Mayor Pro Tern Trujillo voting no, to appoint Hector Lujan to fill the City Council seat for District 1. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and failed 2-2, with Council Member Sosa and Mayor Frometa voting no, to appoint Horacio Ortiz to fill the City Council seat for District 1. Council Member Sosa requested Council Member Alvarez's thoughts regarding the applicants. Council Member Alvarez commented regarding her stance in favor of appointing Horacio Ortiz to the Council District 1 vacancy. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Sosa, and carried 4-0, to delay discussion of the Public Hearing Item at 8:57 p.m. to discuss other City business on the Council Agenda and return to the Public Hearing item. CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS Mayor Pro Tern Trujillo commented regarding the process of selecting the City Manager. He reported attending the Crumbl Cookies ribbon cutting event, the League of California Cities Policy City Council Minutes Special Meeting — January 24, 2023 12 Committee Orientation, Boy Scout Joseph Simonian's raincoat collection event for the homeless, the Taylor Dayne and Sheena Easton concert at the Downey Theatre, and a meeting with Chief Murray regarding the Police Department budget, and the swearing -in ceremony for Assembly Member Pacheco. He requested concurrence to place an item to discuss a request for funding from the YMCA on the next Council meeting agenda. Council Member Sosa provided concurrence for this request. Council Member Sosa reported attending the Downey Chamber Ambassadors Luncheon, the Crumb) Cookies ribbon cutting event, the Chamber of Commerce City Affairs event, the Fire Wings ribbon cutting event, the Contract Cities Association Board meeting, the SEAACA Board meeting, and the Eco-Rapid Transit Board meeting. He commented regarding the importance of good representation. He reported attending a tour of the Hall of Justice, a discussion with L.A. County Sheriff Luna, and the swearing -in ceremony for Assembly Member Pacheco. Council Member Alvarez commented regarding the Special Recall Election and in support of bringing rent control to Downey. She commented regarding issues with apartment buildings in Downey, and the issues she brought up while in office such as hazard pay, healthcare workers minimum wage increase, the Pride Picnic, the Arts and Culture Subcommittee, and Indigenous Peoples Day. Mayor Frometa reported attending the U.S. Conference of Mayors and shared the topics discussed including homelessness, affordable housing, mental health, mass shootings. She commented regarding the formation of a coalition of cities to discuss homelessness and bring resources to Downey. She stated she was appointed Vice Chair of the Public Safety Policy Committee for the League of California Cities and the Committee would be working to address the fentanyl crisis, homelessness, cash bail, and rising crime. She shared her involvement in the Council of Government and her position as a Contract Cities Association Executive Board Director at Large. She thanked staff, Interim City Manager Scott, Interim Assistant City Manager De Rojas, and the various Department Heads for their hard work and regarding the process in selecting a City Manager. CITY MANAGER/STAFF MEMBER COMMENTS Interim City Manager Scott thanked the Public Works Department and other City Departments for their work managing the rainfall caused by the atmospheric river and commented regarding the challenges the weather posed for City projects. He commented regarding the neutrality of the City Manager in the selection of the appointed City Council Member. He commended the four applicants to fill the Council District 1 vacancy and the four City Council Members selecting the appointed City Council Member. He commented regarding the Special City Council Closed Session meeting regarding interviews for the position of City Manager. He commented regarding efforts to address the issues on Manzanar Ave. 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 no written public comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non -Agenda items. Jesse Caceres, resident, commented regarding free composting bins and food waste. Mayor Frometa referred Mr. Caceres to the Community Development Department and shared regarding the pilot program for the new composting law. Interim City Manager Scott suggested returning to the City Council with a report regarding the organic waste disposal program. City Council Minutes Special Meeting — January 24, 2023 13 Manuel and Miranda Ojeda, residents, commented regarding addressing of public safety issues on Cecilia St. John Lacey, resident, commented regarding government spending and budgets. Joaquin Beltran, resident, commented regarding the mass shooting in Monterey Park, transparency, public safety, and an incident that occurred with a City Council Member. BC, resident, commented regarding public input and public hearings, allowing Council District 1 residents to vote for their Council Member, and the Council District 3 seat uncertainty. Lee Squire, resident, commented regarding Law Enforcement Appreciation Day, flying the MLK flag at City Hall, Jewish Liberation Day, and transparency. Cheryl Van Rensselaer, resident, commented regarding Council Members and rent control. Juan Martinez, resident, commented regarding a landlord -tenant relationship, alliances, questions asked to the candidates, and protected free speech. Brandon Sanguily, resident, commented regarding the Special Recall Election, transparency, and Council Members. Carol Kearns, resident, commented regarding the Downey Theatre's air conditioning system and support of the Downey Symphony. Jose Gomez, resident, thanked the Council for the temporary wall at Manzanar Ave. and commented in favor of installation of a permanent barrier. Rodolfo Cortes-Barragan, non-resident, commented regarding a public safety call and free speech. Horacio Ortiz, resident, withdrew his application to fill the Council District 1 vacancy and stated his intention to run in the November 2023 Special Municipal Election. Having no one else, Mayor Frometa closed public comment. CONSENT CALENDAR Mayor Pro Tern Trujillo abstained from Item Nos. 7 and 11, due to owning real property and business/financial interests in the area. Council Member Sosa abstained from Item No. 2, Special Meeting Minutes of May 31, 2022 and Regular Meeting Minutes of June 28 and September 13, 2022 as he was not on the Council at the time. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and carried 4- 0, to approve the Consent Calendar. 2. APPROVED MINUTES: Special Meetings of May 31, 2022 and January 12-13, 2023; Regular Meetings of June 28, and September 13, 2022: City Clerk. 3. WARRANTS ISSUED: Warrant Nos. 364945 — 365303; Payroll Wire Nos. 30004305 — 30004311; EFT Nos. 12122 — 12165; Manual Wire Nos. 2336 — 2338; and, Cashier's Check Nos. 153 - 156 in the total amount of $3,752,252.66: Finance. City Council Minutes Special Meeting — January 24, 2023 14 4. ACCEPTED WORK FOR IMPERIAL HWY. TRAFFIC SIGNAL UPGRADES AND SAFETY ENHANCEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,314,616.41; AUTHORIZED THE INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION; APPROVED CHANGE ORDER NOS. 1-14 IN THE AMOUNT OF $281,480.41; AND, AUTHORIZED TRANSFER OF $315,908.53 IN MEASURE M LOCAL RETURN FUNDS FROM ACCOUNT NO. 57-16831 TO ACCOUNT NO. 57-16722 (CAPITAL IMPROVEMENT PROJECT NO. 18-07): Public Works. 5. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR LAKEWOOD BLVD. TRAFFIC SIGNAL UPGRADES AND FURTHER FINDING THAT THIS PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301(C), EXISTING FACILITIES; AND, AUTHORIZED THE PROCUREMENT OF CITY -FURNISHED MATERIALS (CAPITAL IMPROVEMENT PROJECT NO. 20-36A): Public Works. 6. ACCEPTED WORK FOR WELL NO. 30 REHABILITATION; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $175,773.75; AND, AUTHORIZED THE INTERIM DIRECTOR OF PUBLIC WORKS TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 21-23): Public Works. 7. AWARDED CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE AMOUNT OF $1,598,700 FOR THE CONSTRUCTION OF 3RD ST. WATER SYSTEM IMPROVEMENTS; AUTHORIZED TRANSFER OF $960,000 FROM WATER FUND CIP ACCOUNT NO. 51-1-8680 TO WATER FUND CIP ACCOUNT NO. 51-1-8676; AND, AUTHORIZED THE INTERIM PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 22-13): Public Works. 8. AUTHORIZED THE FIRE CHIEF TO ENTER INTO A TWO (2) YEAR AGREEMENT WITH MOTOROLA SOLUTIONS FOR 911 COMMUNICATION EQUIPMENT (RADIO INFRASTRUCTURE, MICROWAVE NETWORK, DISPATCH CONSOLES) UPGRADE AND IMPLEMENTATION SERVICES FOR CONTRACT PERIOD FROM JULY 1, 2022, TO JUNE 30, 2024: Fire. 9. RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE POLICE DEPARTMENT RECORDS: Police. ADOPTED RESOLUTION NO. 23-8137, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT 10. APPOINTMENT TO INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA): Administration. ADOPTED RESOLUTION NO. 23-8138, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING THE HUMAN RESOURCES DIRECTOR AS THE REPRESENTATIVE AND THE FINANCE DIRECTOR AS THE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) 11. APPROVED THE STREET CLOSURE APPLICATION SUBMITTED BY THE DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION (DDIA) FOR THEIR TWICE MONTHLY NIGHT MARKET SCHEDULED FOR EVERY 2ND AND 4T" THURSDAY OF EACH MONTH: Community Development. City Council Minutes Special Meeting — January 24, 2023 15 PUBLIC HEARING — CONTINUED Mayor Frometa reconvened the Public Hearing at 9:56 p.m. with all Council Members present. Mayor Frometa commented regarding Mr. Ortiz withdrawing his application for the Council District 1 vacancy. Council Member Sosa commented regarding the need to appoint a Council Member and for open-mindedness. Council Member Sosa made a motion to appoint Hector Lujan to fill the City Council seat for District 1. The motion died due to lack of a second. Mayor Pro Tern Trujillo commented in favor of appointing Mr. Horn and regarding his priorities and qualifications. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and failed 2-2, with Council Member Sosa and Mayor Frometa voting no, to appoint Timothy Horn to fill the City Council seat for District 1. Mayor Pro Tern Trujillo inquired how long the City Council would continue to discuss filling the City Council seat for District 1. Interim City Attorney Langer responded the proceedings are up to the discretion of the Mayor or a majority of the City Council to override the Mayor. She stated the City Council would continue to discuss until a decision is made. Mayor Pro Tern Trujillo commented regarding an impasse and requested to confirm the City Council may choose not to appoint an applicant to fill the vacant seat. Interim City Attorney Langer confirmed there is no legal requirement to fill the seat and doing so would require a majority of the Council Members voting to agree on an applicant. It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Alvarez, and failed 2-2, with Council Member Sosa and Mayor Frometa voting no, to leave the Council District 1 seat open. Mayor Frometa commented in favor of continuing to discuss applicants and regarding her desire to appoint Mr. Lujan to the Council District 1 vacancy. She shared her opposition to allowing the seat to remain unfilled and possible quorum issues due to conflicts of interest. Mayor Pro Tern Trujillo commented regarding endorsements of Mr. Ortiz by various elected officials. He commented in favor of ending discussion and allowing the voters to choose their representative. He reiterated the impasse faced by the City Council. He stated he has no further comments and would recuse himself from the discussion. Mayor Frometa commented regarding reaching an agreement, Mr. Ortiz's withdrawal of his application, and other viable applicants. Mayor Pro Tem Trujillo stated he could make a motion to appoint Mr. Horn to the Council District 1 vacancy and commented regarding other motions that did not pass. He stated residents may contact him via email regarding City issues. Council Member Sosa inquired regarding the Council's opinion of Mr. Horn. Mayor Frometa commented regarding Mr. Horn's service to the City, appointment to the Public Works Committee, and responses regarding light and street improvements. She commented in support of appointing Mr. Horn to the City Council seat for District 1. City Council Minutes Special Meeting — January 24, 2023 16 Council Member Alvarez commented regarding her desire to appoint Elvira Meraz to fill the City Council seat for District 1. Mayor Pro Tern Trujillo commented regarding public scrutiny faced by Council Members and expressed concerns regarding appointing Ms. Meraz. It was moved by Council Member Alvarez, seconded by Council Member Sosa, to appoint Elvira Meraz to fill the City Council seat for District 1. Council Member Alvarez withdrew her motion. It was moved by Mayor Pro Tem Trujillo, seconded by Council Member Alvarez, and carried 4-0 to appoint Timothy Horn to fill the City Council seat for District 1. ADMINISTRATIVE REPORTS: None. ADJOURNMENT Mayor Frometa adjourned the Regular City Council Meeting at 10:14 p.m. in memory of Riverside Sheriff Deputy Darnell Calhoun killed in the line of duty; L.A. County Sheriff's Detective Steven J. Lim, who died in a traffic accident; the victims of the tragedies in the cities of Monterey Park and Half Moon Bay; and, the lives lost due to COVID-19. MARIA ALICIA DUARTE, CLAUDIA M. FRO ETA City Clerk Mayor City Council Minutes Special Meeting — January 24, 2023 17