HomeMy WebLinkAboutMinutes 06-27-23 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JUNE 27, 2023
The City Council of the City of Downey held a Regular City Council Meeting — Open Session on
June 27, 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 (left meeting at 10:03 p.m.)
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3
ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Assistant City Manager
Lauren Langer, Interim City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Matthew Baumgardner; Public Works Director
James McQueen, Human Resources 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 b Reverend Tana Lopez, Downey Memorial Christian Church,
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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 Chamber of Commerce Ambassador Luncheon,
meetings with residents of all districts regarding various matters of concern, his District 1 Town Hall
meeting, the Open House event for Assemblymember Pacheco, and a meeting with businesses
interested in operating in Downey.
Mayor Pro Tern Trujillo reported attending the Chamber of Commerce Ambassador Luncheon,
an informational session hosted by the Los Angeles (L.A.) County District Attorney's Office, the Father -
Con event; and the Dodgers Pride Night event. He wished everyone a Happy Father's Day.
Council Member Sosa reported attending the Father -Con event and the Los Padrinos Juvenile
Hall Interfaith Dedication Ceremony.
Mayon Frometa reported attending the Father -Con event, Council Member Horn's District 1
Town Hail meeting, the Rancho Los Amigos Amphitheatre renaming ceremony of in honor of Carlos
Benavides, and the Downey Chamber of Commerce Board of Directors meeting. She acknowledged
Michael Calvert and Carmen 'Padilla in the audience. She thanked the . Police Department for
responding to issues in the community and requested staff address speeding on small streets and
drivers ignoring stop signs, make businesses aware of City codes regarding storefront lighting, and
address transient issues. She invited the public to attend the Twilight Summer Concert series and the
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`Regular Meeting — June 27, 2023 1
Calvary Chapel Church Freedom Festival event. She reminded residents regarding illegal fireworks and
encouraged the community to stay safe.
CITY MANAGER/STAFF MEMBER COMMENTS
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City Manager Bradley confirmed staff address stop sign issues and traffic enforcement, work
with businesses regarding storefront lighting, and address homeless issues. He commented regarding
a budget request for additional staff to workon homeless issues.
Mayor Frometa requested staff return to the City Council with a report regarding the City's street
sweeping contract. The request received concurrence from Council Member Sosa.
PRESENTATIONS
1. Mayor Frometa with ;assistance from Chief Murray presented Special Awards to Downey Police
Department Personnel.
2. Mayor Frometa presented the Mayor's Legacy Award to Pastor Dan Dutch, Desert Reign Church.
3. Mayor Frometa presented a Proclamation in honor of "Parks Make Life Better!" Month to Parks and
Recreation Director Jason Chacon and Recreation Manager Monica Ortiz.
4. Mayor Frometa presented a Proclamation in honor of the United States Army 248th Birthday.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:30 p.m. Mayor Frometa reconvened the
City Council meeting at 7:-36 p.m. with all Council Members present.
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PUBLIC HEARINGS
1. REQUEST TO AMEND ARTICLE IX WITHIN THE DOWNEY MUNICIPAL CODE TO REGULATE
ACCESSORY DWELLING UNITS: Community Development:
INTRODUCED BY TITLE ONLY, AND WAIVE FULL READING OF ORDINANCE NO. 23=
1507, AN ORDINANCE OF THE 'CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
SECTIONS OF ARTICLE IX OF THE DOWNEY MUNICIPAL - CODE RELATING TO
ACCESSORY DWELLING UNITS AND DETERMINING THE ACTION TO BE EXEMPT FROM
CEQA
Mayor Frometa opened the Public Hearing at 7:37 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern
Trujillo, seconded by Mayor Frometa, and carried 4-0, to receive and file the publication.
Interim City Planner Art Bashmakian presented the staff report for Item No. 1:--He provided
background information regarding accessory dwelling units (ADUs) and junior iaccessory dwelling units
and the history of legislation. He stated the proposed amendment would repeal the existing Ordinance,
which was superceded by State law, provide new and revised definitions to further clarify terms used in
the Ordinance, and reflect State standards as stipulated by State ;law. ; He shared requirements
regarding setbacks, lot coverage and Floor Area Ratio, parking, garages, size, and height. He stated r
the General Plan adopted by the City Council included a program within the Housing Element to amend
the ADU Ordinance to reflect State laws. He shared the Planning Commission held a'Public Hearing on
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Regular Meeting — June 27, 2023 2
May 3, 2023 and voted to recommend approval of the Ordinance with the understanding that the
amendment is mandated; by the State.
Mayor Pro Tern Trujillo inquired regarding Leadership in Energy and Environmental Design
(LEED) certification requirements for duplexes. Mr. Bashmakian responded this item would be
discussed later in the meeting.
Mayor Frometa, at 7:44 p.m., opened this item for public comment. Mayor Frometa asked City
Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City
Clerk Duarte confirmed no written public comments were received.
BC; resident, commented in opposition to State law permitting Accessory Dwelling Units.
Armando Herman, non-resident, commented regarding increased tax assessments, parking,
and density.
Having no one else, Mayor Frometa closed the Public Hearing at 7:50 p.m.
It was moved by Mayor Pro Tern Trujillo, seconded by Mayor Frometa, and carried 4-0, to
introduce by title only, and waive full reading of Ordinance No 23-1507, an Ordinance of the City
Council of the City of Downey amending sections of Article IX of the Downey Municipal Code relating to
Accessory Dwelling Units and determining the action to be exempt from CEQA:
2. ADOPTION OF THE PROPOSED BUDGET FOR 2023-2024 FISCAL YEAR: Finance.
1) CONDUCTED A PUBLIC HEARING CONSIDERING THE ADOPTION OF THE CITY'S
FISCAL YEAR 2023-2024 BUDGET AND ANNUAL APPROPRIATIONS LIMIT; AND,
2) ADOPTED RESOLUTION NO. 23-8174, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 2023-2024 BUDGET AND THE
ANNUAL APPROPRIATIONS LIMIT.
Mayor Frometa opened the Public Hearing at 7:52 p.m.
RECESS/RECONVENE
Mayor Frometa recessed the City Council meeting at 7:55 p.m. Mayor Frometa reconvened the
City Council meeting at 8:02 p.m. with all Council Members present.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern
Trujillo, seconded by Mayor Frometa, and carried 4-0, to receive and file the publication.
City Manager Bradley introduced the item and thanked staff for their hard work. He discussed
the City Council priorities and incorporation of feedback from the City Council "Goals Workshop into the
budget. He listed the Fiscal Year 2023-2024 Council Priorities, stated the objectives require additional
resources including staffing, noted many positions are funded through grants or are budget neutral, and
provided a list of the proposed personnel additions.
Director Stephen Hannah provided the presentation regarding the $249,572,000 proposed
budget. He stated the General Fund comprises 46.1%, special revenue funds comprise 32.6%,
enterprise funds comprise 13.7%, and the remaining funds comprise 7.6% of the total budget. He noted
appropriations requested outside of the General Fund primarily use resources legally restricted to
specific purposes and the Capital Improvement Plan budget is a multi -year resource allocation of $98.3
million spread out across numerous City funds over the life of the capital projects and shared the
estimated revenues of $221,746,000 comprised of 53.3% from the General Fund, 29.1 % from special
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Regular Meeting - June 27, 2023 3
revenue funds, '11.3% from enterprise funds, and 6.3% from the remaining funds of the City. He
provided estimates regarding individual fund revenues including $19 million from water utilities, $16.3
million from transportation related revenues, and $17.3 million from interfund charges and transfers
related to insurance facility and debt service obligations and stated revenues programmed to fund the I
Capital Improvements Plans will be collected over the lifespan of each capital project.
Director Hannah ,provided an executive summary of the General Fund balance including
estimated revenues in the amount of $116,208,000, use of prior year resources in the amount of
-- $1,980,000, requested appropriations in the amount of $115,108,000, and a projected $3,080,000
budget surplus and identified fund balance categories and characteristics of each category regarding
the availability of resources and provided the projected $33,748,000 General Fund Reserve, the means
of calculating the targeted level for Reserves, and the purpose of the Emergency Reserve in the case
of an unforeseen catastrophic event and the Stability Reserve to provide a bridge in the event of an
unexpected significant loss of revenue or unanticipated major expenditures. He shared the proposed
General Fund expenditures and noted an overall 2.7% increase over the prior year. He stated, when
excluding transfers out which decreased over the prior year, the increase is 7% as a result of the
increase in personnel services due to labor costs related to recently approved Memorandums of
Understanding and added materials and supplies costs increased 14.4% and contract services costs
increased 13% due to -inflation. He emphasized the City's commitment to public safety, which
comprises 62% of the 'overall budget and was increased by $3.4 million and stated the City's
investment in quality of life services increased by 21.7% driven by demand for fee -based programs and
services and the expenditures for community enhancement comprise 13% of the overall budget. He
reported a 24.1 % increase to the general government budget due to the cost of the upcoming Special
Election, a $296,000 increase for SEAACA services, and the addition of three full-time positions.
Council Member Horn inquired regarding the definition of transfers out. Director Hannah
responded transfers out refers to funding taken from one fund to pay for services that occur in an
outside fund such as a special revenue fund, utility fund, or debt services fund.
Director Hannahpresented the proposed expenditures by department and estimated revenues
for the General Fund and shared staff utilized a conservative approach to ensure estimates are
reasonable and not overstated. He noted current year-end estimates are not final and stated property
tax, sales tax, and Measure S sales and use tax account for 64% of estimated revenues and property
taxes are projected to grow by 3.1 % and sales taxes are projected to grow by 1 % while utility user tax
is projected to decrease 3.5%, which reflects the affect of the change in the cost of natural gas and the
gas and electric utility. He explained the increase in transfers from and charges to other funds primarily
reflects the impact of the Cost Allocation Plan and the increases in liability and workers compensation
insurance and stated the increase of 12.5% in charges for services revenue is driven by the increase in
enrollments in various parks programs and the increase in other revenues is due to the increase in
investment returns consistent with the rise in interest rates, the one-time sale of land, and refuse tipping
fees.
Mayor Frometa thanked Director Hannah for his report and inquired regarding impact of the
proposed personnel additions. City Manager Bradley responded the City has met the requirements of
its reserve policy and is proposing a balanced budget. He assured the Council the City has adequate
revenues to cover its expenses and was conservative in project sales tax revenues to be relatively flat.
He emphasized staffs approach to providing the 'level of services requested in a fiscally prudent
manner. Mayor Frometa commented regarding the budget process, the needs of the public, and the
necessity of the proposed 'personnel additions.
Mayor Frometa, at 8:24 p.m., opened this item for public comment. Mayor Frometa asked City
Clerk Duarte if there were any written public comments received regarding the Public Hearing item. City
Clerk ,Duarte confirmed no written public comments were received, %
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Regular Meeting — June 27, 2023 4
BC, resident, commented regarding staffs presentation, bureaucracy, corruption, funding of
non-profit organizations, and public safety.
Rodolfo Cortes Barragan, non-resident, commented regarding Council Members, auditing, fiscal
mismanagement; Finance records, and transparency.
Armando Herman, non-resident, commented regarding Council priorities, repair of the bridge
near the 605 freeway, the Downey Promenade, funding of non-profit organizations, and auditing.'
Speaker, no name provided, commented in support of funding two community gardens and the
addition of an Economic Development Director and Homelessness Solutions Manager.
Having no one else, Mayor Frometa closed the Public Hearing at 8:36 p.m.
It was moved by Mayor Frometa; seconded by Mayor Pro Tern Trujillo and carried 4-0, to adopt
Resolution No. 23-8174, a Resolution of the City Council of the City of Downey adopting the Fiscal
Year 2023-2024 Budget and the Annual Appropriations Limit.
Mayor Frometa requested staff return with an item regarding a community based organization
funding program and a line item for annual funding of the Rose Float. ,Mayor Pro Tern Trujillo provided
concurrence for this request. City Manager Bradley requested to confirm the line item for annual
funding of the Rose Float would be separate from the funding program. Mayor Frometa confirmed the
items would be separate and allow more funding allocation for other organizations. She clarified she is
not suggesting the City fund the entirety of the Rose Float.--
3. ADJUSTMENT OF CITYWIDE USER FEES FOR FISCAL YEAR 2023-2024: Administration.
1) CONDUCTED A PUBLIC HEARING; AND,
2) ADOPTED RESOLUTION NO. 23-8176, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADJUSTING THE CITY'S UNIFORM SCHEDULE OF FEES. -
Mayor Frometa opened the Public Hearing at 8:39;p.m.
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.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Mayor Pro Tern
Trujillo, seconded by Council Member Horn and carried 4-0, to receive and file the publication.
Assistant City Manager Vaniah De Rojas presented the staff report for Item No. 3. She provided
background information regarding the variety of services provided to citizens, methods of funding
services, legal requirements for setting user fees, and the Cost Allocation and -User Fee- Study
conducted in 2016. She shared the City Council approved an automatic annual adjustment to user fees
based on the consumer price index with the exception of flees set by State statue and fees recently
adopted at full cost recovery and stated fees not set by State regulations which do not currently receive
full cost recovery were increased by 3.7% and account for the majority of changes to the fee schedule.
She noted fee increases were rounded up or down by one dollar if they were greater or less than $0.50
with the exception of Building & Safety Division fees which were increased by the actual dollar amount
because they are based on the project valuation and the increase in fees ensure General Fund
revenues are not used to subsidize specialized services received by businesses and developers and
prevents the need to enact large increases. She shared certain fees were amended to market rates for
facility rentals, reservations, and admissions and stated a'Citywide fee was included as "Credit/Debit
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Regular Meeting — June 27, 2023 5
Card Transaction Fee" to account for any credit card/debit transactions that involve a banking fee and
noted the City currently absorbs these costs:
Council Member Horn inquired regarding the proposed fees for Miscellaneous Administration
Action, Time Extension, and Landscape/Irrigation Plan -Review. Assistant City Manager De Rojas
responded ;the fees for Miscellaneous Administration Action and Time Extension have increased from
$591 to $613 and the fees for Landscape/Irrigation Plan Review have increased from $307 to $319.
Council Member Horn inquired regarding the increase in the Plumbing Permit Issuance fee. Assistant
City Manager De Rojas responded the fee increased to $49. Council Member Horn inquired regarding
the fees for curb inspection. Assistant City Manager De Rojas responded the fees remain the same at
$3 per lineal foot for curbs over 50 feet and an increase to $264 for inspection of curbs under 50 feet.
Mayor Frometa, at 8:47 p.m., opened this item for public comment.
BC,- resident, commented regarding user fees, -cost of living, and inflation, the Taxpayer
Protection and Government Accountability Act, and in opposition to adjusting the schedule of fees.
Armando Herman, non-resident, commented regarding affordable taxes and fees and inflation,
in opposition to raising fees, and in favor of using of taxpayer funds to help the homeless.
Rodolfo Cortes Barragan, non-resident, commented in opposition to fee increases, oppression,
and Ukraine.
Having no one else, Mayor Frometa closed the Public Hearing at 8:56 p.m.
It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Sosa, and carried 4-0,
to adopt Resolution No. 23-8175, a Resolution of the City Council of the City of Downey adjusting the
City's Uniform Schedule of Fees:
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:
Alan Halstensgaard, resident, commented regarding artwork at Firestone Blvd. and Paramount
Blvd., bible verses, and harvest.org.
Speaker, no name provided, commented in opposition to additional bars in Downey, thanked
the Mayor for her comments in the Mayor's Corner column, and commented in opposition to Item No:
20.
Armando Herman, non-resident, commented regarding discrimination and prejudice, free
speech, and non-profit organizations:
BC, resident, commented regarding Item No. 19, environmental, social, and government factors
for buildings, fees,- public funds; Calvary Chapel Church, Item No. 20, and the Sisters of Perpetual
Indulgence:
John Lacey, resident, commented regarding State legislation on shoplifting, the effect on
consumers, penalties, and the effect on crime:
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Speaker, no name provided, commented regarding the Pride flag flown on City property, the
policy regarding certain flags, Council Members, Item No. 20, and LGBTQ programs: -
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Regular Meeting — June 27, 2023 6
Arthur Schaper, non-resident, commented regarding the Pride Flag flown on City property; the
policy regarding certain flags, former Council Members, Pride festivals, and elected officials:
Dorothy Pemberton, resident, commented in favor of a community garden.
Irwin Luna, resident, commented regarding his intent to open a Karate Federation in Downey.
Rodolfo Cortes Barragan, resident, commented in favor of not flying any flags, Council
Members, public comment speaking time, and freedom of speech;
Speaker, no name provided; commented regarding relocation of youths .to Los Padrinos
Juvenile Hall and in support of the Pride flag and the Pride Festival.
Alfred Tovar, resident, commented regarding acceptance of LGSTQ youth, the Pride flag, the
Pride Festival, and inclusion.
Ramon Casas, resident, commented regarding public safety in Downtown Downey and the
need for additional Police Officers.
It was moved by Mayor Frometa, seconded by Mayor Pro Tern Trujillo, and carried 4-0, to close
public comment.
CONSENT CALENDAR
Mayor Pro Ter Trujillo abstained from Item No. 6 due to owning property in the area:
It was moved by Council Member Horn, seconded by Mayor Pro Tern Trujillo, and carried 4-0, to
approve the Consent Calendar.
4. APPROVED MINUTES: Special Meeting of June 8, 2023 (Closed Session); and, Regular Meeting
of June 13, 2023 (Closed Session): City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 368722 - 369114; Payroll Wire Nos. 30004344, 30004348,
30004357, 30004359, and 3004361; EFT Nos. 12592 - 12634; Manual Wire Nos. 2382 - 2386 in
the total amount of $8,177,284.25: Finance.
6. ACCEPTANCE OF 'WORK FOR 3RD ;ST. WATER SYSTEM IMPROVEMENTS, CAPITAL
'IMPROVEMENT PROJECT (CIP) NO. 22-13: Public Works.
1) ACCEPTED THE WORK FOR THE 3RD ST. WATER SYSTEM IMPROVEMENTS, CIP NO.
22-13;
2) APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1 815,0 5; AND,
3) AUTHORIZED THE , DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A
NOTICE OF COMPLETION.
7. ACCEPTANCE OF WORK FOR RESIDENTIAL STREETS PAVEMENT REHABILITATION _.
AREA 2, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 22-16: Public Works.
1) ACCEPTED THE WORK FOR THE RESIDENTIAL STREETS PAVEMENT
REHABILITATION AREA 2, CIP NO. 22-16;
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Regular Meeting - June 27, 2023 7
2) APPROVED SEQUEL CONTRACTORS' FINAL CONSTRUCTION CONTRACT AMOUNT
OF $2873,244; AND,
3) AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO A FILE A NOTICE
OF COMPLETION.
8. ACCEPTANCE OF WORK FOR FIRE STATION NO. 4 FIRE DAMAGE REPAIR AND
RECONSTRUCTION, CAPITAL IMPROVEMENT PROJECT (CIP) NO. '23-26: Public Works.
1) ACCEPTED THE WORK FOR THE FIRE STATION NO. 4 FIRE DAMAGE REPAIR AND
RECONSTRUCTION, CIP NO. 23-26;
2) APPROVED GLOBAL BUILDERS' FINAL CONSTRUCTION CONTRACT AMOUNT OF
$311,352; AND,
3) AUTHORIZED THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF ,
COMPLETION.
9. CONSTRUCTION CONTRACT FOR THE FIRESTONE BLVD. AT LAKEWOOD BLVD. WATER
SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 3-29: Public
Works.
1) AWARDED A CONTRACT TO WILLIAMS PIPELINE CONTRACTORS, INC. IN THE
AMOUNT OF $2,662,280 FOR THE CONSTRUCTION OF , FIRESTONE BLVD. AT
LAKEWOOD BLVD. WATER SYSTEM IMPROVEMENTS, CIP NO. 23-29;
2) APPROVED THE TRANSFER OF $145,000 FROM WATER FUND, CIP ACCOUNT NO.
51-1-8696 TO WATER FUND, CIF' ACCOUNT NO. 51-1.8696; AND,
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3) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED
NECESSARY OR 'DESIRABLE UP TO THE APPROVED 'PROJECT BUDGET OF
_$3,345,000.
10. CONTRACT EXTENSION FOR JANITORIAL SERVICE WITH ALLIED UNIVERSAL: Public
Works.
1) APPROVED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ALLIED UNIVERSAL COMMENCING FOR A SIX-MONTH TERM BEGINNING ON
JULY 1, 2023, AND ENDING DECEMBER 31, 2023 FOR A TOTAL CONTRACT AMOUNT
OF $274,404;
2) AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT
NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALLIED UNIVERSAL IN
THE AMOUNT OF $274,404, INCLUDING ANY ,NON -SUBSTANTIVE EXTENSIONS,
CHANGE ORDERS, PURCHASE ORDERS, AND AMENDMENTS UP TO THE
AUTHORIZED BUDGET AMOUNT OF $548,806; AND,
3) AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO PROCEED TO PRE -QUALIFY
POTENTIAL JANITORIAL SERVICE FIRMS AND SOLICIT BIDS FROM THE PRE -
QUALIFIED LIST FOR THE JANITORIAL SERVICE CONTRACT.
11. AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY CITY EMPLOYEES FEDERAL CREDIT UNION: Administration.
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Regular Meeting — June 27, 2023 8
2) ADOPTED RESOLUTION NO. 23-8178, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DECLARING ITS INTENTION TO LEVY AND COLLECT
LIGHTING AND LANDSCAPING ASSESSMENTS WITHIN THE LIGHTING AND
LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FOR FISCAL YEAR 2023-
2024; AND SET A PUBLIC HEARING FOR JULY 26, 2023 ON THE PROPOSED
ASSESSMENTS.
17.2022 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development.
RECEIVED AND FILED THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
ADMINISTRATIVE REPORTS
18. FEE WAIVER REQUEST FROM CALVARY CHAPEL. CHURCH: Community Development.
DISCUSSED AND PROVIDED STAFF WITH DIRECTION ON WHETHER TO WAIVE ALL
RELATED CITY FEES FOR THE CALVARY CHAPEL CHURCH FREEDOM FESTIVAL
EVENT AT DOWNEY ,HIGH SCHOOL OCCURRING ON JULY 1, 2023 AT AN ESTIMATED
COST OF $4,766
Interim Director of Community Development Greg Pfost ;presented the staff 'report for Item No:
18. He stated Calvary Chapel Church would host the Freedom Festival with a firework show, kids play
activities, musical performance, food trucks and vendor booths. He added the Planning Commission
approved the Special Event Permit Application and shared the request from Calvary Chapel Church to
waive all City fees associated with the event in the amount of $4766 and noted the Downey Municipal
Code does have not procedures for staff to consider fee waiver requests. kt -
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Mayor Frometa inquired regarding public safety and security at the event. Interim Director Pfost
responded four Police Officers will be present at the event per the conditions set through the Planning
Commission Special Event Permit in addition to two parking assistants and security personnel and the
request only included four Police Officers at a cost of approximately $3,400. Mayor Frometa inquired
regarding the anticipated number of attendees. Interim Director Pfost responded he did not have that
information available. Mayor Frometa commented regarding the cost of the Police Officers comprising
the bulk of the fees.
Council Member Sosa commented regarding the scale and cost of the event, the service to the
community, and the amount requested.
Mayor Pro Tern Trujillo thanked Calvary Chapel for holding the event and shared his hope the
event would be well attended.
Council Member Horn stated over 4,000 attendees were expected and the value of the City's
investment for the number of attendees.
It was moved by Mayor Pro Tern Trujillo, seconded by Council Member Sosa, and carried 4-0,
to waive all related City fees for the Calvary Chapel Church Freedom Festival event at Downey High
School occurring on July 1, 2023 at an estimated cost of $4,766.
19. SENATE BILL- 9 ORDINANCE PROVISION REQUIRING iLEED CERTIFICATION: Community
Development.
DISCUSSED AND PROVIDED STAFF WITH DIRECTION REGARDING WHETHER TO
INITIATE A ZONE TEXT AMENDMENT TO REVISE THE CITY'S EXISTING '-ORDINANCE
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Regular Meeting — June 27, 2023 10
Interim Director of Community Development Gregory Pfost presented the staff report for item
No. 19. He provided background information regarding Senate Bill (SB) 9, the history of the City's SB 9
Ordinance, the provision requiring new structures built under SB 9 to meet Leadership in Energy and
Environmental Design (LEED) Platinum Certification, and the various levels in the LEED certification
process. He stated the City is well within its rights to add LEED Platinum standards to SB 9 structures
and noted doing so would increase the cost of building the units.- He shared the City does not require
LEED Certification of any other types of developments. He advised if the -City Council desired to
change the Ordinance as it related to LEED Certification, the Council could direct staff to proceed with
a Zone Text Amendment, which would return to the Planning Commission and the City Council for
review and adoption.
Council Member Sosa commented in favor of reducing red tape.
Mayor Pro Tern Trujillo shared the intent of the Ordinance was not to increase the cost value or
red tape and commented regarding the cost of living and facilitating the building of units for families.
Mayor Frometa concurred the Council's intention was not to add more red tape and commented
regarding the need for stringent requirements for Accessory Dwelling Units to maintain quality of life for
residents. She inquired regarding the requirements for the Gold Certification. Interim Director Pfost
responded being LEED Certified is the lowest of the four levels in which an architect, developer, or
homeowner would create an energy efficient home and involves a points -based system in which
various items provide a certain number of points wherein the more items contributed or more energy
efficient the home, the higher the LEED rating. He explained the four levels are Certified, Silver, Gold,
and Platinum, with Platinum being the highest level of energy efficiency and requiring the building or
site to incorporate more energy efficient improvements and increasing the cost of the project. Mayor
Frometa inquired regarding the difference in energy efficiency and project cost if the Council were to
lower the requirement to Gold Certification and commented regarding the City's focus on environmental
sustainability, lowering the carbon 'footprint, and making buildings more energy efficient. Interim
Director Pfost responded he could not provide an exact amount and shared the Interim Building Official
estimated a cost of over $30,000 for a unit that is restricted to a maximum of 800 square feet. Mayor
Frometa requested a range for the cost difference and expressed concerns regarding lowering
standards.
Council Member Sosa inquired regarding the decreased energy efficiency for each tier and the
construction of the buildings. Interim Director Pfost confirmed each unit must be built according to
Building Code with certain energy efficient items and the LEED Certification provides additional energy
efficient improvements. He stated if the Council is interested in the various LEED Certification levels,
staff can provide this information to the Planning Commission and return to the City Council to evaluate
the LEED Certification levels. City Manager Bradley added the difficulty in quantifying the savings with
each level because of the various types of improvements used to obtain points. He commented
regarding the LEED Certification being an up -front investment in the home with savings over time on
energy; utility, and environmental costs_
Mayor Pro Tem Trujillo requested to clarify the LEED levels and the standards adopted by the
City. Interim Director Pfost responded the City adopted Platinum, the highest LEED Certification level
and stated some improvements are required in all structures per the Building Code. Mayor Pro Tern
Trujillo stated the LEED 'Certification issue is about energy efficiency, not about habitability. Interim
Director Pfost confirmed all structures must comply with Building Code requirements regardless of the
LEED Certification requirements. Mayor Pro Tern Trujillo requested to confirm the ,LEED 'Certification
requirement is more stringent than that of commercial properties because the LEED Certification is not
required for any other type of -development. interim Director -Pfost confirmed the Platinum LEED
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Regular Meeting — June 27, 2023 11
Certification requirement is applied only to SB 9 properties and there is no LEED Certification
requirement for new commercial or residential buildings.
Mayor Frometa expressed her interest in the difference between Platinum and Gold i
Certifications. City Manager Bradley confirmed staff can return to the City Council with a report. Interim
Director Pfost stated staff can move forward with Zone Text Amendment and return to the City Council
with the Planning Commission's recommendation.
Council Member Sosa requested the item return to the City Council as a report.
Mayor Pro Tern Trujillo clarified Council Member Sosa was directing staff to return to the City
Council, not to bring the item before the Planning Commission. He expressed his interest in reviewing
the difference between Gold Certification, the basic Certification, and no LEED Certification. City
Manager Bradley confirmed staff would provide an estimate of the cost at each level.
It was moved by Mayor Frometa, seconded by Mayor Pro Tern Trujillo, and carried 4-0, to return
a report to the City Council evaluating the LEED Certification levels.
20. DISCUSSION REGARDING THE WAIVING OF CITY FEES AND STAFF LABOR COSTS
RELATED TO THE L.A. CADA PRIDE EVENT: Administration.
DISCUSSED AND PROVIDED DIRECTION TO STAFF REGARDING THE WAIVING OF CITY
FEES AND STAFF LABOR COSTS RELATED TO THE 2023 L.A. CADA PRIDE EVENT.
Mayor Pro Tern Trujillo recused himself due to his position as a Board Member of L.A. CADA
and left the meeting at 10:03 p.m.
Assistant City Manager Vaniah De Rojas presented the staff report for Item No. 20. She
provided background information regarding the history of the item and listed the items requested by
L.A. CADA: permission to close down Downey Ave. on Saturday, August 26, 2023 from 10 a.m. — 2
a.m.; assistance from the City to notify all businesses about the street closure street closure using City
vehicles and barriers; use of the City's mobile stage, sound system, and an engineer; staff time for
event organization (both during the planning phase and on the day of the event); Police coverage which
includes four Officers for a total of 27 hours; City fees to be waived; and, for the City topromotethe
event on the City website, Theatre, and social media platforms. She noted the City did not authorize a
donation to the event as a Community Based Organization grant program was included as part of the
FY 2023-2024 Budget process and non-profit organizations such as L.A. CADA are encouraged to
apply.
Assistant City Manager De Rojas stated staff provided to L.A. CADA the Street Closure/Special
Event Permit Application to close Downey Ave. and the application is pending submittal to City staff.
She noted during the review process; there may be conditions placed on the event, permits required
with associated City fees and required Downey Police Officer staffing. She advised the requests for use
of the City's mobile stage, sound system, and an engineer and for City fees to be waived were
approved at the May 23, 2023 City Council meeting and shared L.A. CADA informed the City that they
are no longer requesting use of the City's mobile stage, sound system, and an engineer due to changes
in the event layout. She noted the City fees waived are mainly Building and Safety permit costs which
are currently unknown and estimated at $350. She provided a cost breakdown for the remaining
requests and reiterated this is an estimated cost and the total dollar amount could significantly change
once ;a completed Street Closure/Special Event Permit Application is submitted to the City and the
Downey Police Department provides their recommendations regarding Police Officer staffing needs.
She summarized the total anticipated value of the City's in -kind contributions is approximately $16,600
and added it has been the City's practice to post only City or City -sponsored events on its social media
platforms. She noted the 2021 L.A. CADA PRIDE event was not posted on the City's social media
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Regular Meeting — June 27;-2023 12
platforms and the 2022 L.A. CADA PRIDE event was advertised on the City's social media platform
because it was considered a City-sponsoredevent due to the City's $25,000 donation.
Mayor Frometa inquired regarding the 27 hours of Police Officer coverage for the event and the
amount of staff time for event organization in the prior year. Assistant City Manager De Rojas
responded the number was provided by L.A. CADA and the Police Department will provide a better
assessment of the hours and associated cost when the Street Closure/Special Event Permit Application
is submitted and -staff time was not tracked previously and confirmed Parks and Recreation staff
provided guidance and input as well as Development Review Committee meetings where Community
Development and Fire Department staff guided the organizers in development of the process. Mayor
Frometa inquired regarding the City's practice in guiding organizations with special events. Assistant
-City Manager De Rojas responded the City typically does not assist outside organizations but provided
guidance as it was the first time the event was being held In the City.
Council Member Sosa requested to confirm the L.A. _ CADA PRIDE event is not a City -
sponsored event. Assistant City Manager De Rojas responded the event is not considered City -
sponsored because the City Council has not authorized a donation and posting the event on social
media would be per the City Council's discretion and noted the City's, past practice has been not to
promote events that are not held by the City or City -sponsored. Council Member Sosa shared Calvary
Chapel Downey had also requested promotion of their event on social media and were denied because
the event was not City -sponsored. Assistant City Manager De Rojas confirmed the event was not
posted on social media due to the same practice. Council Member Sosa commented regarding staying
consistent with the policy and in opposition to posting the event on social media.
Council Member Horn concurred with Council Member Sosa's comments.
Mayor Frometa expressed concerns regarding safety and inquired regarding additional security
aside from the four Downey Police Officers. Assistant City Manager De Rojas responded Downey
Police Department provided security in the previous year, funded by L.A. County Supervisor Hahn's
Office.
Council Member Sosa inquired regarding the hours of the event and whether the Police Officers'
time would be considered overtime. Assistant City Manager De Rojas responded the event totals 28
hours. Chief Murray responded the time would be considered overtime for the Police Officers. Council
Member Sosa inquired regarding Police coverage at the Calvary Chapel Church Freedom Festival
event. Assistant City Manager De Rojas responded Calvary Chapel Church's fee waiver request
included Police coverage.
Mayor Frometa commented the Calvary Chapel Church's fee waiver request totaled $4,766.
Assistant City Manager De Rojas clarified Calvary Chapel Church had provided the plans and layout for
the event and the plans and layout for the PRIDE event have not been received. She added the PRIDE
event would include a beer garden, which changes the staffing - requirement. Mayor Frometa
commented in opposition to City staff planning and organizing events that are not City events, stated
the City would be able to waive fees and be fair and consistent, and commented in opposition to
allowing organizations to request staff time to plan events. She inquired regarding the amount of time
staff spends with other organizations for event planning. City Manager Bradley responded staff answers
questions, provides feedback on submitted plans, and provides clarification on the feedback
Council Member Sosa requested to confirm L.A. CADA is in the process of submitting the plans
and layout for the event. Assistant City Manager De Rojas ' confirmed staff provided the Street
Closure/Special Event Permit Application to L.A. CADA staff and is waiting to receive the completed
application:
Mayor Frometa inquired regarding the deadline to receive the Street Closure/Special Event
Permit Application for the PRIDE event. "Interim Director Pfost responded Special Event Permit
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Regular Meeting — June 27, 2023 13
Applications must be submitted 30 days in advance to bring the item to a Planning Commission
meeting and shared it would be beneficial to submit the Street Closure Application at the same time.
Assistant City Manager De Rojas stated the Administrative Regulation regarding street closures require ;
the application to come before the City Council and noted the application should be submitted as soon
as possible to bring the item to the City Council meeting before the event.
Mayor Frometa commented in favor of eliminating the request for staff time for event
organization and requested to confirm the L.A. CADA no longer needs use of the City's mobile stage,
sound system, and an engineer. Assistant City Manager De Rojas confirmed. Mayor Frometa
commented regarding the need for Police coverage and in favor of approving the item except for the
requests for staff time for event organization; use of the City's mobile stage, sound system, and an
engineer; and for the City to promote the event on the City's website, Theatre, and social media
platforms. Assistant City Manager De Rojas clarified staff time is necessary to plane barriers to close
the street.
Council Member Sosa inquired regarding the estimated cost after removing the items as stated
by Mayor 'Frometa. Assistant City Manager De Rojas responded the cost is roughly $13,500 and
advised a "majority of the cost is for Police coverage, the cost of which could fluctuate based on the
application submitted. Council Member Sosa inquired regarding the scheduling of the Officers. Chief
Murray responded staff received a request for four Officers for 27 hours and is not aware of the
proposed staffing as they have not yet seen a plan and cannot make a recommendation. City Manager
Bradley inquired regarding the service level in the previous year. Chief Murray responded this year's
event will be different in scope. Assistant City Manager De Rojas shared last year's PRIDE event
consisted of a picnic at Furman Park and an event held in Downtown Downey stated the PRIDE event
has been combined into one event to be held in the Downtown area.
Mayor Frometa requested to confirm the PRIDE event would be a one -day event and inquired
regarding the event hours. Assistant City Manager De Rojas responded L.A. CADA provided the hours
of 10:00 aim. to 2:00 a.m. but staff has not been provided the hours of the event itself.
i
Council Member Sosa inquired regarding the anticipated date of receipt of the final ,plan for the
event. Assistant City Manager De Rojas responded staff has reached out and has not received a
response.
Mayor Frometa inquired regarding the hours of the evening event in the previous year,
expressed concerns regarding ending the event at 2:00 a.m.; and commented in favor of ending the
event at an hour consistent with other events such as the International Food Festival and Havana
Nights. Director Chacon shared the prior year's event was held from 5:00 p.m. to 10:00 p.m. and the
2:00 a.m, end time accounted for the street closure and event breakdown.
Council Member Sosa requested to bring the event plan to the next City Council meeting to '
provide additional information regarding the items requested. Assistant City Manager De Rojas
responded staff can follow up with L.A. CADA to submit the plan and have staff review before the next
City Council meeting.
Mayor Frometa reiterated her desire to _ eliminate the requests for staff time for event
organization outside of staff time to place barricades and for the City to promote the event on the City's
website, Theatre, and social media platforms.
It was moved by Council Member Sosa, seconded by Council Member Horn, and carried 3-0,
with Mayor Pro Tern absent, to return the item to the next City Council meeting with a detailed plan and
estimated cost for the L.A. CADA PRIDE event.
l
City Council Minutes
Regular Meeting — June 27, 2023 14
ADJOURNMENT
Mayor Frometa adjourned the Regular City Council Meeting — Open Session at 10:27 p.m. in
memory of Madison Police Department Officer Horren Randy Tyler who perished during a tactical
operation; Denham Springs Corporal Shawn Kelly who succumbed to his injuries after responding to a
call while on duty; and, West Virginia State Police Sergeant Cory May rd who perished while on duty.
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City Council Minutes
Regular Meeting — June 27, 2023 15