,�7 C��'LiMTi�711 ��•�T■
COUNCIL MEMBERS
CATHERINE ALVAREZ
TIMOTHY HORN
HECTOR SOSA
Special Meeting - 4:30 p.m.
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
iur
Scan QR
Code to view
Agenda Packet
Notice regarding Public Comment: In order to ensure that limited English proficiency 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 limited English proficiency 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 and closed session items, and one 3-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 — 4:30 P.M.
ROLL CALL: Council Members Alvarez, Horn, Sosa, Mayor Pro Tern Trujillo, Mayor Frometa
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on any item on the Closed Session Agenda items may do so at this time. Please limit your comments to no more than three (3) minutes).
APPROVE CLOSED SESSION MINUTES: Regular Closed Session Meetings of December 12, 2022; January 12-13, 2023: Administration.
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
Government Code Section 54956.95 — Liability Claim: Michael Galindo v. City of Downey, Worker's Compensation Claim No.: 20-148576; WCAB NO.: ADJ13514492; Agency claimed against: City of Downey.
2. Government Code Section 54956.95 — Liability Claim: Kevin McCaster v. City of Downey, Worker's Compensation Claim No.: 20-146831 and 18-135363; WCAB NO.: ADJ15157532 and ADJ 11914957; Agency claimed against: City of Downey.
3. Government Code Section 54957.6 — Conference with labor negotiator James McQueen, Human Resources Director re: direction for labor negotiations with Downey Police Management Association.
4. Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation:
Torrecillas v. Downey Unified School District; City of Downey Los Angeles Superior Court Case No. 19STCV40416.
5. Government Code Section 54956.8 — Conference with City of Downey Real Property Negotiators:
Interim City Manager Mark Scott and Interim Assistant City Manager Vaniah De Rojas Re: Property at 12214 Lakewood Blvd. Downey,CA 90242; Negotiating Parties: Northwood Retail, LLC.; Under Negotiation: Price and Terms of payment.
6. Government Code Section 54956.8 — Conference with City of Downey Real Property Negotiators:
Interim City Manager Mark Scott and Interim Assistant City Manager Vaniah De Rojas Re: Property at Assessor Parcel Number 6254-019-029; Negotiating Parties: Avenue Theatre, LLC; Under Negotiation: Price and Terms of payment.
ROLL CALL: Council Members Alvarez, Horn, Sosa, Mayor Pro Tern Trujillo, Mayor Frometa INVOCATION: Greg Welch, Chaplain for the Downey Police Department FLAG SALUTE: Council Member Timothy Horn
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS: None.
PUBLIC HEARINGS
1. AMENDMENT TO THE DOWNEY MUNICIPAL CODE — HISTORIC PRESERVATION ORDINANCE: Community Development.
INTRODUCE ORDINANCE NO. 23- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 10 TO ARTICLE IX OF THE DOWNEY
MUNICIPAL CODE ESTABLISHING HISTORIC PRESERVATION STANDARDS IN THE CITY AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
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 three (3) 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.
2. APPROVE MINUTES: Special Meetings of January 26 and February 3, 2023; Regular Meeting of December 13, 2022: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 365304-365820; Payroll Wire Nos. 30004312-30004315; EFT Nos. 12166 — 12217; and, Manual Wire Nos. 2339-2346 in the total amount of $7,063,495.16:
Finance.
4 4. ACCEPTANCE OF WORK FOR CATCH BASIN INSERT PROJECT; APPROVE FINAL CONSTRUCTION CONTRACT AMOUNT OF $78,420; AND, AUTHORIZE THE INTERIM
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 20-33): Public Works.
5. AUTHORIZE THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF
DOWNEY AND DOWNEY UNIFIED SCHOOL DISTRICT AUTHORIZING THE SCHOOL
DISTRICT ACCESS AND USE OF THE CITY OF DOWNEY UHF MUTUAL AID AND ACCESS SYSTEM: Police.
6. AUTHORIZE THE POLICE DEPARTMENT TO AMEND THE ANNUAL TYLER TECHNOLOGIES SERVICE AGREEMENT: Police.
7. APPROVE PURCHASE AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 10226 LAKEWOOD BLVD.: Public Works. 1) ADOPT RESOLUTION 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE PURCHASE AND ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT BETWEEN COTTAGE DEVELOPMENT, INC. AND THE CITY OF DOWNEY FOR PROPERTY LOCATED AT 10226
LAKEWOOD BOULEVARD PURSUANT TO THE ADOPTED MITIGATED NEGATIVE
DECLARATION FOR THE FLORENCE AVENUE AT LAKEWOOD BOULEVARD INTERSECTION IMPROVEMENT PROJECT;
2) AUTHORIZE THE MAYOR TO EXECUTE PURCHASE AGREEMENT; AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY FOR THE PROJECT.
8. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT: Police.
1) ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY DESIGNATING AND AUTHORIZING CERTAIN CITY
OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE
PURPOSES OF ACCEPTING FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM;
2) ACCEPT THE TOBACCO LAW ENFORCEMENT GRANT; AND,
3) APPROVE THE MEMORANDUM OF UNDERSTANDING (MOU) AND DIRECT THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE THE MOU.
9. APPROVE APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 1:
Council Member Horn.
ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE APPOINTMENT OF CESAR ORTIZ TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 1.
3 10. RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE HUMAN RESOURCES DEPARTMENT RECORDS: Human Resources.
ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE HUMAN RESOURCES DEPARTMENT.
11. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION: Human Resources.
ADOPT RESOLUTION 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (JULY 1, 2023 — J U N E 30, 2026).
12. ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL RESCINDING PORTIONS OF RESOLUTION NO. 4852 TO CLARIFY THAT MEMBERS OF THE RECREATION AND COMMUNITY SERVICES COMMISSION DO NOT RECEIVE COMPENSATION:
Administration.
13. RESOLUTION APPROVING APPLICATION OF THE CALIFORNIA DEPARTMENT OF WATER RESOURCES 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM: Public Works.
ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING APPLICATION OF THE CALIFORNIA DEPARTMENT OF WATER RESOURCES 2022 URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM BY THE GATEWAY WATER MANAGEMENT AUTHORITY JOINT POWERS AUTHORITY.
14. APPROVE THE STREET CLOSURE APPLICATION SUBMITTED BY THE DOWNEY CHAMBER
OF COMMERCE AND LE COCO ENTERTAINMENT FOR THE CLOSURE OF A CITY OWNED PARKING LOT AND BREEZEWAY FOR "LA FERIA DEL EMPRESARIO" TO BE HELD ON FEBRUARY 26, 2023: Community Development.
15. APPROVE A FEE WAIVER REQUEST FROM THE ARC OF LOS ANGELES AND ORANGE COUNTY FOR USE OF THE SHOWMOBILE FOR THE 2023 ARC WALK FOR INDEPENDENCE ON MARCH 25, 2023: Council Member Trujillo.
16. APPROVE A FEE WAIVER REQUEST FROM THE DOWNEY CHAMBER OF COMMERCE FOR USE OF THE SNOWMOBILE FOR THE 2023 "LA FERIA DEL EMPRESARIO" TO BE HELD ON FEBRUARY 26, 2023: Mayor Frometa.
17. APPROVE A FEE WAIVER REQUEST FROM THE DOWNEY CHAMBER OF COMMERCE FOR USE OF THE SNOWMOBILE FOR THE 2023 DOWNEY STREET FAIRS TO BE HELD ON MARCH 18, 2023: Mayor Frometa.
ADMINISTRATIVE REPORTS
18. ADOPT RESOLUTIONS CERTIFYING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023, AND CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN COUNCIL DISTRICT 3 ON NOVEMBER 7, 2023 TO FILL THE VACANCY CREATED BY THE RECALL: City Clerk. rd
A. THAT THE CITY COUNCIL ADOPT THE FOLLOWING RESOLUTIONS ENTITLED:
1) ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD IN COUNCIL DISTRICT 3 ON JANUARY 31, 2023, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW;
2) ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY COUNCIL DISTRICT 3 ON TUESDAY, NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES;
3) ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER FULL SERVICES
TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL; AND,
4) ADOPT RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023.
B. PROVIDE DIRECTION ON THE APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT CITY COUNCIL DISTRICT 3; BY MAKING A MOTION TO:
1) REMOVE THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS SERVING TO REPRESENT CITY COUNCIL DISTRICT 3, THANKING THEM FOR
THE THEIR SERVICE TO THE CITY AND DIRECTING STAFF TO INITIATE
PROCEEDINGS TO FILL THOSE SEATS BY APPOINTMENT OF THE CITY COUNCIL; OR
2) ALLOW THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS TO
CONTINUE TO SERVE IN THEIR ROLES REPRESENTING CITY COUNCIL DISTRICT 3 UNTIL THOSE SEATS MAY BE FILLED BY APPOINTMENT OF THE CITY COUNCIL; OR
3) ALLOW THE EXISTING APPOINTED BOARD AND COMMISSION MEMBERS TO
CONTINUE TO SERVE IN THEIR ROLES REPRESENTING CITY COUNCIL DISTRICT 3 UNTIL THE CITY COUNCIL SEAT VACANCY IS FILLED FOR DISTRICT 3 AT THE NOVEMBER 2023 SPECIAL MUNICIPAL ELECTION; OR,
4) DIRECT STAFF TO REPORT BACK AT A FUTURE MEETING WITH MORE INFORMATION BEFORE MAKING A DECISION.
5 19. CONSIDERATION OF DISCOUNTS FOR RECREATIONAL CLASSES FOR FAMILIES WITH MULTIPLE CHILDREN ENROLLED IN CITY RECREATIONAL CLASSES: Parks & Recreation.
20. ADOPT RESOLUTION AUTHORIZING THE ADDITION OF A THIRD POLICE CAPTAIN:
Administration.
ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AUTHORIZING THE ADDITION OF A BUDGETED THIRD POLICE CAPTAIN.
• • •I 1 1 i• • • I A 1 • ' • • • • • • ' •
ADOPT RESOLUTION NO. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPOINTING ROGER BRADLEY AS THE CITY MANAGER AND APPROVING EMPLOYMENT AGREEMENT.
22. ADOPTION OF SALARY AND BENEFITS RESOLUTION FOR EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT POSITIONS: Administration.
ADOPT RESOLUTION NO. 237 , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE SALARY AND
BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS.
ADJOURNMENT: In memory of the victims of the earthquakes in Turkey and Syria; and, the lives lost due to COVID-19.
Supporting documents are available at: 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 [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 Titulo VI de la Ley de Derechos Civiles, la Ciudad de Downey prohibe la discriminacion 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.
A
[ Maria Alicia Duarte, CIVIC, City Clerk, City nfDowney, dohereby certify, under penalty ofperjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Coda Section 54050 Et.
Soq., at the following locations: Downey City Ha||, Downey City Library. and Barbara J. Riley Community and Senior Center.
[}�
@��dLhiS9m��Y���
day � Duarte,Clerk
Scan QR Code to view the City of Downey City Accomplishments 2021-2022 To view the livestrearn of the Special Meeting at 4:30 p.m.:
Zoom Teleconference: (888)788-0009or(877)853-5247
Members Ofthe public wishing tJsubmit written public comment can d0G0bv sending an email to or by submitting their written comments t7the City Clerk's Office in person no later than 2:00 p.m. on the day of the meeting.