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Agenda Packet
CITY COUNCIL
MAYOR
BLANCA PACHECO
MAYOR PRO TEM
SEAN ASHTON
COUNCIL MEMBERS
CATHERINE ALVAREZ
CLAUDIA M. FROMETA
MARIO TRUJILLO
SEE ATTACHED SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY FOR THE JANUARY 11, 2022 SPECIAL AND REGULAR DOWNEY CITY COUNCIL MEETINGS Notice regarding Public Comment: In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, the City of Downey will continue to follow Government Code Section 54954.3(b)(2) and provide non-English speakers double the allotted time to make their public comments utilizing a translator during public meetings of the City Council. All other speakers will be given the allotted 3-minute speaking time as established by the Downey Municipal Code. To request oral language interpretation at a City Council meeting contact the City Clerk's Office at (562) 904-7280, 48-hours in advance of the meeting.
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING – 5:30 P.M.
ROLL CALL: Council Members Alvarez, Frometa, Trujillo, Mayor Pro Tem Ashton, Mayor Pacheco
APPROVE CLOSED SESSION MINUTES: Special Meeting Minutes of December 7, 2021.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on any item on the Closed Session Agenda may do so at this time. Please limit your comments to no more than three (3) minutes).
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
1. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation – Kessner v. City of Downey, et al., Santa Clara County Superior Court, Case No. 20CV364054.
2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation – Orange County Council of Governments, et al. v. California Department of Housing and Community Development, et al., Los Angeles Superior Court, Case No. 21STCP01970.
3. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation – Central and West Basin Replenishment District v. Adams, et. al., Los Angeles Superior Court Case No. 786656.
4. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Pending Litigation – Adolfo Cabrera-Martinez v. Los Angeles County; City of Downey, et al., Los Angeles Superior Court, Case No. 20STCV20331.
JANUARY 11, 2022
CITY COUNCIL MEETING
Special Meeting – 5:30 p.m.
Regular Meeting – 6:30 p.m.
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
2 5. Government Code Section 54956.8 – Conference with City of Downey Real Property Negotiator:
City Manager Gilbert Livas and Deputy City Manager/Community Development Aldo E. Schindler Re: Property at Assessor Parcel Number 6255-002-900 Negotiating Parties: Betty Wilshire, LLC a California Limited Liability Company; Under Negotiation: Price and Terms.
6. Government Code Section 54956.8 – Conference with City of Downey Real Property Negotiator:
City Manager Gilbert Livas and Deputy City Manager/Community Development Aldo E. Schindler Re: Property at Assessor Parcel Number 6255-002-900 Negotiating Parties: Bijan Radnia; Under Negotiation: Price and Terms.
ADJOURNMENT
CALL TO ORDER THE REGULAR CITY COUNCIL MEETING – 6:30 P.M.
ROLL CALL: Council Members Alvarez, Frometa, Trujillo, Mayor Pro Tem Ashton, Mayor Pacheco
INVOCATION: Council Member Frometa
FLAG SALUTE: Police Chief Murray
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
PRESENTATIONS
1. Update regarding COVID-19 by City of Downey Emergency Manager Rakdy Khlok.
PUBLIC HEARINGS
1. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE DRAFT MAP FOR ELECTION DISTRICT BOUNDARIES: Administration.
NON-AGENDA PUBLIC COMMENT
This portion provides an opportunity for the public to address the City Council on items within the jurisdiction of the City Council and not listed on the agenda. It is requested, but not required, that you state your name, address and subject matter upon which you wish to speak. Please limit your comments to no more than three (3) minutes. Pursuant to the Brown Act, no discussion or action, other than a brief response, referral to the City Manager/staff or schedule for a subsequent agenda, shall be taken by the City Council/Agency on any issue brought forth under this section.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a City Council Member requests an item be removed. Removed items will be considered following approval of the Consent Calendar.
2. WARRANTS ISSUED: Warrant Nos. 356380 – 356914; Payroll Wire Numbers 30004181, 30004183 – 30004186 & 30004189 – 30004191; EFT Nos. 11120 – 11173; Manual Wire No. 2200 – 2205in the total amount of $7,909,907.01: Finance.
3. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. IN THE AMOUNT OF $250,000 FOR DESIGN ENGINEERING SERVICES RELATED TO THE IMPLEMENTATION OF THE CITYWIDE BUS SIGNAL PRIORITY SYSTEM; AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY (CAPITAL IMPROVEMENT PROJECT NO. 17- 07): Public Works.
3 4. ACCEPT WORK FOR STEWART & GRAY RD. FIBER-OPTIC TRAFFIC SIGNAL COMMUNICATION SYSTEM AND UPGRADES; APPROVE FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,357,035.84; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 17- 10): Public Works.
5. ACCEPT WORK FOR FY2020/2021 RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 9; APPROVE HARDY & HARPER, INC.’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,070,984.39; AND, AUTHORIZE the PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 21-03): Public Works.
6. ACCEPT WORK FOR 3RD ST. PAVEMENT REHABILITATION; APPROVE FINAL CONSTRUCTION CONTRACT AMOUNT OF $211,654.70; AND, AUTHORIZE THE PUBLIC
WORKS DIRECTOR/CITY ENGINEER TO FILE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 21-05): Public Works.
7. AWARD CONTRACT TO ALL CITIES ENGINEERING, INC. IN THE AMOUNT OF $982,905 FOR THE CONSTRUCTION OF 5TH ST. WATER SYSTEM IMPROVEMENTS; AUTHORIZE TRANSFER OF $50,000 FROM WATER FUND CIP ACCOUNT NO. 51-1-8674 TO WATER FUND CIP ACCOUNT NO. 51-1-8634; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR
THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 21-15): Public Works.
8. AWARD CONTRACT IN THE AMOUNT OF $2,355,000 TO HARDY & HARPER, INC. FOR CONSTRUCTION OF RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 10;
AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR
DESIRABLE UP TO THE APPROVED PROJECT BUDGET CAPITAL IMPROVEMENT PROJECT NO. 22-02): Public Works.
9. AWARD CONTRACT IN THE AMOUNT OF $1,290,000 TO HARDY & HARPER, INC. FOR CONSTRUCTION OF STOAKES AVE., MELDAR AVE., MANZANAR AVE. AND VISTA DEL ROSA ST. IMPROVEMENTS; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK FOR
THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 22-19): Public Works.
10. RATIFY ENGAGEMENT AGREEMENT WITH STRUMWASSER & WOOCHER FOR ELECTION LAW LEGAL SERVICES: City Attorney.
11. APPROVE RETAINER AGREEMENT WITH THE LAW OFFICES OF FERGUSON, PRAET & SHERMAN FOR PROFESSIONAL LEGAL SERVICES: Police/City Attorney.
12. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KANE, BALLMER & BERKMAN FOR ON-CALL PROFESSIONAL LEGAL SERVICES; AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY: Public Works.
13. AUTHORIZE STAFF TO ENTER INTO A COPIER/PRINTER PURCHASE INCLUDING A THREE-
YEAR AGREEMENT FOR MANAGED PRINT SERVICES WITH PACIFIC OFFICE AUTOMATION (POA): Finance.
4 14. ADOPT A RESOLUTION TO AUTHORIZE REMOTE TELECONFERENCING FOR 30 DAYS PURSUANT TO AB 361: Mayor Pacheco.
ADOPT RESOLUTION NO. 22-______, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING USE OF REMOTE TELECONFERENCING PROVISION PURSUANT TO AB 361.
15. INTRODUCE ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH SIFI
NETWORKS DOWNEY, LLC FOR IMPLEMENTATION OF A CITYWIDE FIBER OPTIC NETWORK SYSTEM; AUTHORIZE THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Public Works.
INTRODUCE ORDINANCE NO. 22-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING A DEVELOPMENT AGREEMENT WITH SIFI
NETWORKS DOWNEY, LLC FOR IMPLEMENTATION OF A CITYWIDE FIBER OPTIC NETWORK SYSTEM.
16. ADOPT THE 2022 LEGISLATIVE PLATFORM AND AUTHORIZE THE MAYOR (OR MAYOR PRO TEM IN THE MAYOR’S ABSENCE) TO SIGN POLICY AND POSITION LETTERS WITHIN THE GUIDELINES OF THE PLATFORM: Administration.
17. APPROVE THE ATTACHED BUDGET CALENDAR FOR THE FISCAL YEAR 2022-2023 BUDGET:
Finance.
ADMINISTRATIVE REPORTS
18. MUNICIPAL CODE AMENDMENTS TO COMPLY WITH SENATE BILL 9: Community Development.
ADOPT ORDINANCE NO. 22-______, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9965 TO CHAPTER 9 OF
ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND AMENDING SECTION 9312.08 OF CHAPTER 3 OF THE DOWNEY MUNICIPAL CODE RELATING TO TWO UNIT PROJECTS IN THE R-1 ZONE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
19. DISCUSS PROCLAIMING OCTOBER AS INDIGENOUS’ PEOPLES MONTH: Council Member Alvarez.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of Los Angeles County Firefighter, Jonathan Flagler, 47, who died in the line of duty; and, the lives lost due to COVID-19.
Supporting documents are available at: www.downeyca.org; City Hall-City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m. Video streaming of the meeting is available on the City’s website. In compliance with the Americans with Disabilities Act (ADA), if special assistance is needed to participate in this meeting, complete the City’s Title II ADA Reasonable Accommodation Form located on the City’s website and at City Hall - City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m., and submit to the City Clerk’s Department or contact (562) 904-7280 or TTY 7-1-1, 48 business hours prior to the City Council meeting.
5 The City of Downey prohibits discrimination on the basis of disability in any of its program and services. For questions, concerns, complaints, or for additional information regarding the ADA, contact the City’s ADA/Section 504 Coordinator at [email protected]: Phone: (562) 299-6619; or TTY at 7-1-1.
In compliance with Title VI of the Civil Rights Act, the City of Downey prohibits discrimination of any person in any of its program and services. If written language translation of City agendas or minutes, or for oral language interpretation at a City meeting is needed, contact the City Clerk's Office at (562) 904-7280, or (562) 299-6619, 48 business hours prior to the meeting.
En cumplimiento con el Título VI de la Ley de Derechos Civiles, la Ciudad de Downey prohíbe la discriminación de cualquier persona en todos sus programas y servicios. En caso de necesitar una traducción escrita de las órdenes del día o las actas de las reuniones de la ciudad, o para solicitar un intérprete oral para una reunión de la ciudad, comuníquese a la oficina de la Secretaria de la Ciudad al (562) 904-7280, o al (562) 299-6619, en el horario de atención comercial, 48 horas antes de la reunión. I, Maria Alicia Duarte, CMC, City Clerk, City of Downey, do hereby certify, under penalty of perjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Code Section 54950 Et. Seq., at the following locations: Downey City Hall, Downey City Library, and Barbara J. Riley Community and Senior Center.
Dated this 6th day of January, 2022. Maria Alicia Duarte, CMC, City Clerk
Scan QR Code to view the City of Downey City Accomplishments 2020-2021
6 SPECIAL NOTICE
Public Participation and Accessibility for the January 11, 2022, Downey Special and Regular City Council Meetings
Pursuant to City of Downey Emergency Order No. 5 – Temporarily Limiting Occupancy in Council Chambers for Public Meetings, the Special and Regular City Council Meetings scheduled for January 11, 2022 at 5:30 p.m. and 6:30 p.m. will allow members of the public to participate and address the City Council during the public comment portion of the meetings via email, teleconference, and in person, limited to the first 10 people, on a first come first serve basis.
Below are the ways to participate in the Special Meeting at 5:30 p.m.
1. Zoom Teleconference: (888) 788-0099 or (877) 853-5247
Meeting ID: 994 4403 4646 Passcode: 543846
Public Comment shall be on Closed Session Items Only
2. E-mail: [email protected]
In order to effectively accommodate public participation, participants are asked to provide their public comments via e-mail by 2:00 p.m. on the day of the meeting.
Participants submitting public comment via email are encouraged to provide the following information in their email:
a) Full Name;
b) City of Residence;
c) Agenda Item No.;
d) Written Comments.
3. Teleconference phone number: (562) 299-6622
Calls will be placed on hold in queue and participants will provide their public comments via speaker phone. Persons speaking are limited to a maximum of three (3) minutes. Please be mindful that the teleconference call will be recorded as any other person is recorded when appearing before the City Council, and all other rules of procedure and decorum will apply when addressing the City Council by teleconference.
Participants addressing the City Council by teleconference are encouraged to provide the following information:
a) Full Name;
b) City of Residence;
c) Subject or Agenda Item No.;
d) Public Comment.
7 Below are the ways to participate in the Regular Meeting at 6:30 p.m.
1. Zoom Webinar: (888) 788-0099 or (877) 853-5247
Meeting ID: 948 7430 0091
Members of the public wishing to address the City Council, during public comment or for a specific agenda item, or both, may do so by the following methods:
2. E-mail: [email protected]
In order to effectively accommodate public participation, participants are asked to provide their public comments via e-mail by 2:00 p.m. on the day of the meeting.
Participants addressing the City Council by email are encouraged to provide the following information:
a) Full Name;
b) City of Residence;
c) Subject or Agenda Item No.;
d) Written Comments.
3. Teleconference public comment phone number: (562) 299-6622
Calls will be placed on hold in queue and participants will provide their public comments via speaker phone. Persons speaking are limited to a maximum of three (3) minutes. Please be mindful that the teleconference call will be recorded as any other person is recorded when appearing before the City Council, and all other rules of procedure and decorum will apply when addressing the City Council by teleconference.
Participants addressing the City Council by teleconference are encouraged to provide the following information:
a) Full Name;
b) City of Residence;
c) Subject or Agenda Item No.;
d) Public Comment.
4. In Person Attendance at City Hall Council Chambers
Members of the public attending the City Council Meetings in person will be required to comply with the City of Downey’s Emergency Order No. 5 – Non-Contact Temperature Screening and Face Coverings at City Facilities (attached) to help prevent the spread of COVID-19.
All persons entering the City Council Chambers shall be subject to non-contact temperature checks. All persons shall wear masks while in the City Council Chambers, except when addressing the Council during public comment. These requirements shall be strictly enforced.
Members of the public are encouraged to continue accessing and participating in the City Council meetings by utilizing participation methods 1 – 3, listed above as in person attendance will be limited to the first 10 people, on a first come first serve basis.
For any questions contact the City Clerk’s Office at (562) 904-7280.