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Agenda Packet
CITY COUNCIL
MAYOR
CLAUDIA M. FROMETA
MAYOR PRO TEM
MARIO TRUJILLO
COUNCIL MEMBERS
TIMOTHY HORN
HECTOR SOSA
DISTRICT 3 VACANT
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 REGULAR CITY COUNCIL MEETING – CLOSED SESSION - 5:30 P.M.
ROLL CALL: Council Members Horn, Sosa, Mayor Pro Tem 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: Special Meeting of June 8, 2023; Regular Meetings of April 11, May 23 and June 13, 2023: City Attorney.
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
1. Government Code Section 54957.6 - Conference with labor negotiator James McQueen, Director of Human Resources re: direction for labor negotiations with Downey Public Safety Auxiliary Association.
2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation:
Evan Mahoney v. City of Downey, Los Angeles Superior Court Case No. 22 STCV07530.
3. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation:
John Tjia v. City of Downey, Los Angeles Superior Court Case No. 22STCV11699.
4. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation:
Angela Leon Avila v. City of Downey, Los Angeles Superior Court Case No. 22STCV04706.
RECONVENE AND ANNOUNCE CLOSED SESSION ACTION
JUNE 27, 2023
CITY COUNCIL MEETING
Regular Meeting
5:30 p.m. – Closed Session
6:30 p.m. – Open Session
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
2 CALL TO ORDER THE REGULAR CITY COUNCIL MEETING – OPEN SESSION - 6:30 P.M.
ROLL CALL: Council Members Horn, Sosa, Mayor Pro Tem Trujillo, Mayor Frometa
INVOCATION: Reverend Tanya Lopez, Downey Memorial Christian Church
FLAG SALUTE: Council Member Sosa
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Special Awards Presentation to Downey Police Department Personnel.
2. Mayor’s Legacy Award to Pastor Dan Dutch, Desert Reign Church.
3. Proclamation in honor of “Parks Make Life Better!” Month.
4. Proclamation in honor of the United States Army 248th Birthday.
PUBLIC HEARINGS
1. REQUEST TO AMEND ARTICLE IX WITHIN THE DOWNEY MUNICIPAL CODE TO REGULATE ACCESSORY DWELLING UNITS: Community Development.
THAT THE CITY COUNCIL:
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.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING CONSIDERING THE ADOPTION OF THE CITY’S FISCAL YEAR 2023-2024 BUDGET AND ANNUAL APPROPRIATIONS LIMIT; AND,
2) 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.
3 3. ADJUSTMENT OF CITYWIDE USER FEES FOR FISCAL YEAR 2023-2024: Administration.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING; AND,
2) 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 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.
4. APPROVE 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.
THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE 3RD ST. WATER SYSTEM IMPROVEMENTS, CIP NO. 22- 13;
2) APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $1,815,085; AND,
3) AUTHORIZE 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.
THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE RESIDENTIAL STREETS PAVEMENT REHABILITATION - AREA 2, CIP NO. 22-16;
2) APPROVE SEQUEL CONTRACTORS’ FINAL CONSTRUCTION CONTRACT AMOUNT OF $2,873,244; AND,
3) AUTHORIZE 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.
4 THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE FIRE STATION NO. 4 FIRE DAMAGE REPAIR AND RECONSTRUCTION, CIP NO. 23-26;
2) APPROVE GLOBAL BUILDERS’ FINAL CONSTRUCTION CONTRACT AMOUNT OF $311,352; AND,
3) AUTHORIZE 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. 23-29: Public Works.
THAT THE CITY COUNCIL:
1) AWARD 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) APPROVE THE TRANSFER OF $145,000 FROM WATER FUND, CIP ACCOUNT NO. 51- 1-8695 TO WATER FUND, CIP ACCOUNT NO. 51-1-8696; AND,
3) AUTHORIZE 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.
THAT THE CITY COUNCIL:
1) APPROVE 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) AUTHORIZE 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) AUTHORIZE 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.
THAT THE CITY COUNCIL:
5 APPROVE THE LEASE AGREEMENT AMENDMENT NO. 2 WITH THE DOWNEY CITY
EMPLOYEES FEDERAL CREDIT UNION FOR LEASING SPACE AT DOWNEY CITY HALL, FOR A TWO -YEAR TERM BEGINNING ON JULY 1, 2023.
12. FIRE COMPUTER AIDED DISPATCH (CAD) SOFTWARE SERVICES AGREEMENT BETWEEN
MOTOROLA SOLUTIONS AND THE CITY OF DOWNEY TO REPLACE END OF LIFE SOFTWARE: Fire.
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES AGREEMENT AND MASTER CUSTOMER
AGREEMENT WITH MOTOROLA SOLUTIONS, FOR FLEX COMPUTER AIDED DISPATCH SOFTWARE SERVICES, FOR A FIVE-YEAR TERM BEGINNING ON JULY 1, 2023, FOR A TOTAL CONTRACT AMOUNT OF $684,858.00; AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT AND MASTER CUSTOMER AGREEMENT FOR FLEX CAD SOFTWARE WITH MOTOROLA SOLUTIONS.
13. SERVICE RENEWAL AGREEMENT BETWEEN DIGITAL EMS SOLUTIONS, INC. AND THE CITY OF DOWNEY FOR ELECTRONIC PATIENT CARE REPORTING: Fire.
THAT THE CITY COUNCIL:
1) APPROVE THE DIGITAL EMS SUBSCRIPTION AGREEMENT, WITH DIGITAL EMS SOLUTIONS, INC., FOR ELECTRONIC PATIENT CARE REPORTING FOR A THREE (3), ONE (1) YEAR TERM BEGINNING ON JULY 1, 2023, FOR A TOTAL ESTIMATED CONTRACT AMOUNT OF $115,197 ($38,399 PER YEAR ACTUAL CONTRACT
AMOUNT VARIES BASED ON TOTAL NUMBER OF INCIDENTS UPLOADED INTO THE SYSTEM); AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE DIGITAL EMS SUBSCRIPTION AGREEMENT.
14. FUNDING AGREEMENT FOR CALIFORNIA URBAN SEARCH AND RESCUE REGIONAL TASK FORCE 2: Fire.
THAT THE CITY COUNCIL:
AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AGREEMENT NUMBER A221010051 WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES IN THE AMOUNT OF $77,250 INCLUDING ANY SUBRECIPIENT AGREEMENTS
NECESSARY FOR THE EQUITABLE DISTRIBUTION OF THE FUNDS TO PARTICIPATING AGENCIES IN REGIONAL TASK FORCE-2 OPERATIONS.
15. RESOLUTION REGARDING MANDATED FIRE/LIFE SAFETY INSPECTION COMPLIANCE:
FIRE.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 23-8176, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF
THE DOWNEY FIRE DEPARTMENT REGARDING THE ANNUAL INSPECTIONS OF CERTAIN OCCUPANCIES PURSUANT TO SECTION 13146.2 AND 13145.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
6 16. ENGINEER'S REPORT FOR ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2023-2024 AND SETTING THE DATE OF PUBLIC HEARING FOR THE ADOPTION OF THE ANNUAL LEVY: Public Works.
THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION NO. 23-8177, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER’S REPORT FOR ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPING DISTRICT, ASSESSMENT DISTRICT 121, FOR FISCAL YEAR 2023-2024; AND,
2) ADOPT 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 25, 2023 ON THE PROPOSED ASSESSMENTS.
17. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development.
THAT THE CITY COUNCIL:
RECEIVE AND FILE THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT.
ADMINISTRATIVE REPORTS
18. FEE WAIVER REQUEST FROM CALVARY CHAPEL CHURCH: Community Development.
THAT THE CITY COUNCIL:
DISCUSS AND PROVIDE 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.
19. SENATE BILL 9 ORDINANCE PROVISION REQUIRING LEED CERTIFICATION: Community Development.
THAT THE CITY COUNCIL:
DISCUSS AND PROVIDE STAFF WITH DIRECTION REGARDING WHETHER TO INITIATE A ZONE TEXT AMENDMENT TO REVISE THE CITY’S EXISTING ORDINANCE PERTAINING SB 9 AS IT RELATES TO REQUIRING NEW STRUCTURES TO OBTAIN LEED CERTIFICATION AT THE PLATINUM LEVEL.
20. DISCUSSION REGARDING THE WAIVING OF CITY FEES AND STAFF LABOR COSTS RELATED TO THE L.A. CADA PRIDE EVENT: Administration.
THAT THE CITY COUNCIL:
DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING THE WAIVING OF CITY FEES AND STAFF LABOR COSTS RELATED TO THE 2023 L.A. CADA PRIDE EVENT.
7 ADJOURNMENT: 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 Maynard who perished while on duty.
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 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 22nd day of June, 2023. Maria Alicia Duarte, CMC, City Clerk
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