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Special Meeting — 5:30 p.m.
Regular Meeting — 6:30 p.m.
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
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SEE ATTACHED SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY FOR THE FEBRUARY 8, 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 for public hearing items and one 4-minute speaking time for agenda, consent calendar and non - agenda items 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
PUBLIC COMMENT ON SPECIAL MEETING AGENDA ITEMS
(Persons wishing to address the City Council on any item on the Special Meeting Agenda may do so at this time. Please limit your comments to no more than four (4) minutes).
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
Government Code Section 54956.95 — Liability Claim — Claimants: Erik Mendoza; Milton Andrade — Agency claimed against: City of Downey.
2. 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.
3. Public Employee Discipline/Dismissal/Separation/Release-Government Code Section 54957(b)(1).
ADJOURNMENT
CALL TO ORDER THE REGULAR CITY COUNCIL MEETING — 6:30 P.M.
ROLL CALL: Council Members Alvarez, Frometa, Trujillo, Mayor Pro Tern Ashton, Mayor Pacheco INVOCATION: Council Member Frometa
FLAG SALUTE: Fire Chief Hurlock
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
PRESENTATIONS: None.
PUBLIC HEARINGS
1. MUNICIPAL CODE AMENDMENTS TO COMPLY WITH SENATE BILL 9: Community Development.
INTRODUCE ORDINANCE NO. 22- , AN 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 ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO TWO UNIT PROJECTS IN THE R-1 ZONE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
2. ADOPT 2021-2029 HOUSING ELEMENT UPDATE AND CORRESPONDING CALIFORNIA ENVIRONMENTAL QUALITY ACT INITIAL STUDY/NEGATIVE DECLARATION: Community Development.
ADOPT RESOLUTION NO. 22- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADOPTING A CALIFORNIA ENVIRONMENTAL QUALITY
ACT NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT THEREBY UPDATING THE HOUSING ELEMENT FOR THE 2021-2029 SIXTH REGIONAL HOUSING NEEDS ASSESSMENT CYCLE.
3. PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE DRAFT MAP FOR ELECTION DISTRICT BOUNDARIES: Administration.
PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON -AGENDA ITEMS This portion provides an opportunity for the public to address the City Council on agenda, consent calendar and items not listed on the agenda within the jurisdiction of the City Council. 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 four (4) minutes. The total public comment period is limited to 30 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.
4. APPROVE MINUTES: Special Meetings of November 16, 2021; January 12, 2022: City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 357186 — 357476; Payroll Wire Numbers 30004192 & 30004197 — 30004199; EFT Nos. 11208 — 11234; Manual Wire No. 2210 — 2219, in the total amount of $3,429,042.76: Finance.
6. ACCEPT WORK FOR FOSTER BRIDGE BLVD., RIVERGROVE DR., AND GLENCLIFF DR.
PAVEMENT REHABILITATION; APPROVE FINAL CONSTRUCTION CONTRACT IN THE AMOUNT OF $334,094.22; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 20-30): Public Works.
7. AUTHORIZE THE PURCHASE OF TECHNICAL RESCUE EQUIPMENT FROM MALLORY SAFETY AND SUPPLY, LLC IN THE AMOUNT OF $12,091.97: Fire.
8. APPROVE AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND OCLC, INC. TO ACCESS AUTOMATED DATABASE AND EXPANDED INTER -LIBRARY LOAN SERVICES; AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS: Library.
9. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LOCALITY MEDIA INC., DBA
FIRST DUE TO PROVIDE RECORDS MANAGEMENT SOLUTIONS FOR THE FIRE DEPARTMENT; AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND,
AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AS DEEMED NECESSARY: Fire.
10. STATE OF CALIFORNIA PERMANENT LOCAL HOUSING ALLOCATION FUNDING: Community Development.
ADOPT RESOLUTION NO. 22- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AUTHORIZING THE APPLICATION AND ADOPTING THE
PERMANENT LOCAL HOUSING ALLOCATION PLAN FOR THE PERMANENT STATE OF CALIFORNIA LOCAL HOUSING ALLOCATION PROGRAM.
11. DECLARATION OF CITY -OWNED LAND AS EXEMPT SURPLUS LAND UNDER THE STATE OF CALIFORNIA SURPLUS LAND ACT: Community Development.
ADOPT RESOLUTION NO. 22- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT ASSESSOR PARCEL NUMBER 6255-002-900, COMMONLY KNOWN AS DOWNEY PUBLIC PARKING LOT NO. 4, IS EXEMPT SURPLUS LAND, AND FINDING THAT
SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
12. RATIFY THE FINDINGS PURSUANT TO AB 361 AND RE -AUTHORIZE REMOTE TELECONFERENCING FOR AN ADDITIONAL 30 DAYS: City Attorney.
ADOPT RESOLUTION NO. 22- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE FINDINGS PURSUANT TO AB 361 AND TO RE- AUTHORIZING USE OF REMOTE TELECONFERENCING FOR AN ADDITIONAL 30 DAYS:
City Attorney.
13. ADOPT ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH SIFT 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.
ADOPT ORDINANCE NO. 22- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING A DEVELOPMENT AGREEMENT WITH SIFT
NETWORKS DOWNEY, LLC FOR IMPLEMENTATION OF A CITYWIDE FIBER OPTIC NETWORK SYSTEM.
3 14. RATIFY THE EXPENDITURE RELATED TO THE GOLF TEE SPONSORSHIP FOR THE RANCHO LOS AMIGOS FOUNDATION 31ST ANNUAL LOS AMIGOS RANCHO GOLF CLASSIC WHICH WAS HELD ON OCTOBER 18, 2021 AT THE FRIENDLY HILLS COUNTRY CLUB IN WHITTIER, CA.: Council Member Frometa.
ADMINISTRATIVE REPORTS
15. DISCUSS A RECOMMENDATION MADE BY THE MEMBERS OF THE ARTS AND CULTURE SUBCOMMITTEE TO CONDUCT A PLANNING WORKSHOP ON FEBRUARY 24, 2022 AND PROVIDE DIRECTION TO STAFF: Administration.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of Fire Captain Max Fontana, 47, Stockton Fire Department, killed in the line of duty; and, the lives lost due to COVID-19.
Supporting documents are available at: www.down eyca.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.
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 ADACoordinator a(�_downeyca.org: 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 Titulo VI de la Ley de Derechos Civiles, la Ciudad de Downey prohibe la discriminaci6n de cualquier persona en todos sus programas y servicios. En caso de necesitar una traduccion escrita de las ordenes del dia o las actas de las reuniones de la ciudad, o para solicitar un interprete oral para una reunion de la ciudad, comuniquese a la oficina de la Secretaria de la Ciudad al (562) 904-7280, o al (562) 299-6619, en el horario de atencion comercial, 48 horas antes de la reunion. 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 31 day of February, 2022. VaKa Alicia Dtfarfe, CVC, gLN Clerk ' ` .'10
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Scan QR Code to view the City of Downey City Accomplishments 2020-2021 r rd
SPECIAL NOTICE
Public Participation and Accessibility for the February 8, 2022, Downey Special and Regular City Council Meetings
Pursuant to Downey City Council Resolution No. 22-8048 (attached), Authorizing the Use of Remote Teleconferenceing Provision Pursuant to AB 361, adopted on January 12, 2022, the Special and Regular City Council Meetings scheduled for February 8, 2022 at 5:30 p.m. and 6:30 p.m. will allow members of the public to view, listen and participate in the meetings virtually/remotely. Members of the public wishing to submit public comment to the City Council regarding items on the agenda or non - agenda may do so in writing prior to the meeting or telephonically during the meeting at the indicated times.
If o experience any technical difficulties with either Zoom or YouTube virtual meeting(s) please switch to the alternate platform.
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
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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 four (4) 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) Agenda Item No.;
d) Public Comment.
5 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 period may do so by the following methods:
2. E-mail: ccpuliccoent(a�owneyca.org
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) Subject or Agenda Item No.;
d) Written Comments.
3. Teleconference phone number: (562) 299-6622
At the appropriate public comment periods during the meetings, the Mayor will make an announcement and the teleconference lines will be activated. Calls will be placed on hold in queue and participants will provide their public comments via speaker phone. Persons speaking on public hearing items are limited to three (3) minutes. Persons speaking on agenda, consent calendar, and non -agenda items are limited to one four (4) minute period. 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.
For any questions contact the City Clerk's Office at (562) 904-7280.
X
A RESOLUTION OF THE CITY COUNCIL • THE CITY • r•
AUTHORIZING USE OF REMOTE TELECONFERENCING PROVISION
PURSUANT • AB 361
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires • •- meeting via teleconference, including through •' virtual or electronic means, to, among other things, provide public access at each location in which members of the I
.egislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing or if meeting in person would present imminent risks to the health or safety of attendees; and
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at its FeSliar rneeting *nWfRM=,4—,21F 1 -27 Tf�fti @11 Ifie Man currently remains in effect; • ;l l ;lp g i 1;;Illll
transmissible Omicron Variant, as identified by the Los Angeles County Department of Public Health • the Center for Disease Control; and
WHEREAS, the City Council of the City of Downey has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVI D-1 9; and
WHEREAS, in light of the current surge of the Omicron Variant infection rate in Los Angeles County and increase in hospitalizations, meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City Council of the City of Downey desires to hold virtual meetings Aiursuant to AB 361 and Government Code section 54953(e) implementing AB 361's :equirements for providing virtual and remote public participation in the meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY OLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and shall be the findings of the City of Downey's City Council and each and every other legislative body of the City.
SECTION 2. The City Council and all other legislative bodies of the City of Downey created by the City Council or created through its City Charter shall continue to meet virtually in
participation in meetings shall be remote and virtual in compliance with AB 361.
SECTION 3. This Resolution is in effect for 30 days from the effective date of this Resolution, unless further extended by the City Council. Any conflicting orders or regulations are repealed by the adoption of this Resolution.
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APPROVED AND ADOPTED this 12 th day of January, 2022,
LANCA PACHECO, Mayor
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special meeting held on the 12 th day of January, 2022 by the following vote, to wit:
AYES:
Council Members:
Alvarez, Frometa, Mayor Pacheco
NOES:
Council Member:
None.
ABSENT:
Council Members:�
Ashton, Trujillo
ABSTAIN:
Council Member:
Unie.
LICIA D E* CNIC