1 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: Regular Meeting of June 27, 2023: City Attorney.
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
1. Government Code Section 54956.8 – Conference with City of Downey Real Property Negotiators:
City Manager Roger Bradley and 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.
2. Government Code Section 54957.6 - Conference with labor negotiator James McQueen, Director of Human Resources re: direction for labor negotiations with Downey City Employees’ Association- Maintenance Unit.
3. Government Code Section 54956.95 - Liability Claim: Leigh Lacy v. City of Downey, Worker’s Compensation Claim No.: 21-154444; WCAB NO.: ADJ14270503; Agency claimed against: City of Downey.
4. 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.
JULY 25, 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 RECONVENE AND ANNOUNCE CLOSED SESSION ACTION
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: Pastor Bradley Biggerstaff, Downey United Methodist Church
FLAG SALUTE
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Proclamation in honor of Disability Pride Month.
2. Presentation to the City Council by Dr. Jose Fierro, President, Cerritos Community College.
PUBLIC HEARINGS
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2023-2024: Public Works.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING CONCERNING THE CONFIRMATION AND LEVY OF ASSESSMENTS FOR ASSESSMENT DISTRICT 121 FOR FISCAL YEAR 2023-2024; AND,
2) ADOPT RESOLUTION NO. 23-8179, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE CITY OF DOWNEY LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT FOR FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.
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 lis ted on the agenda within the jurisdiction of the City Council. It is requested, but not required, that you state your name, addre ss 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, ref erral 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 un less a City Council Member requests an item be removed. Removed items will be considered following approval of the Consent Calendar.
2. APPROVE MINUTES: Special Meeting of July 20, 2023 (Closed Session); and, Regular Meetings of May 23, 2023 (Open Session) and June 27, 2023 (Closed Session): City Clerk.
3 3. WARRANTS ISSUED JULY 11, 2023: Warrant Nos. 369115 – 369467; Payroll Wire Nos. 30004353, 30004362, 30004364 – 30004365; EFT Nos. 12635 – 12661; Manual Wire Nos. 2387 – 2389 in the total amount of $2,984,792.63: Finance.
4. WARRANTS ISSUED JULY 25, 2023: Warrant Nos. 369468 – 369889; Payroll Wire Nos. 30004358, 30004367 – 30004369; EFT Nos. 12662 – 12701; Manual Wire Nos. 2390 – 2391 in the total amount of $3,834,831.80: Finance.
5. CONSTRUCTION CONTRACT FOR LAKEWOOD BLVD. TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS (CAPITAL IMPROVEMENT PROJECT NO. 20-36A): Public Works.
THAT THE CITY COUNCIL:
1) AWARD THE LAKEWOOD BLVD. TRAFFIC SIGNAL UPGRADES AT FOUR LOCATIONS TO SELECT ELECTRIC, INC., THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, FOR THE TOTAL BID AMOUNT OF $1,045,950 AND WAIVE ANY AND ALL MINOR IRREGULARITIES IN THE BIDDING DOCUMENTS AS SUBMITTED BY SAID BIDDER;
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONSTRUCTION CONTRACT WITH SELECT ELECTRIC, INC. IN THE AMOUNT OF $1,045,950, INCLUDING ANY NON-SUBSTANTIVE EXTENSIONS, CHANGE ORDERS,
PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $1,150,545; AND,
3) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF BELLFLOWER IN THE AMOUNT OF $331,016,
INCLUDING ANY NON-SUBSTANTIVE EXTENSIONS AND AMENDMENTS, FOR THEIR SHARE OF THE PROJECT COST.
6. CONSTRUCTION CONTRACT FOR THE 3RD ST. PAVEMENT REHABILITATION PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 22-04): Public Works.
THAT THE CITY COUNCIL:
1) AWARD A CONTRACT TO SEQUEL CONTRACTORS, INC. IN THE AMOUNT OF $728,626 FOR THE CONSTRUCTION OF THE 3RD ST. PAVEMENT REHABILITATION PROJECT;
2) APPROVE THE TRANSFER OF $236,000 FROM MEASURE M BOND FUNDS, CIP ACCOUNT NO. 58-1-6877, TO MEASURE M BOND FUNDS, CIP ACCOUNT NO. 58-1- 6823; AND,
3) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY CHANGE
ORDERS OR ADDITIONAL SCOPE OF WORK FOR THIS PROJECT UP TO THE APPROVED PROJECT BUDGET OF $960,245.
7. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM SERVICES:
Public Works.
THAT THE CITY COUNCIL:
1) APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR MS4 NPDES PROGRAM SERVICES; AND,
4 2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY.
8. CONTRACT AND LICENSING AGREEMENT WITH SIMPLER SYSTEMS, INC. FOR THE PROVISION OF A CITYWIDE FINANCIAL DATA AND REPORTING INTERFACE: Finance.
THAT THE CITY COUNCIL:
APPROVE A LICENSE AND CONSULTING SERVICES AGREEMENT WITH SIMPLER SYSTEMS, INC. FOR THE DEVELOPMENT AND THE PROVISION OF A CITYWIDE BUDGET
AND FINANCIAL INFORMATION REPORTING TOOL FOR A TWO-YEAR TERM, BEGINNING JULY 1, 2023 WITH THE OPTIONAL EXTENSION OF THREE ADDITIONAL ONE-YEAR EXTENSIONS FOR A TOTAL CONTRACT AMOUNT OF UP TO $73,250.
9. TELEGRAPH RD. ON-STREET LANDSCAPE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITIES OF DOWNEY AND PICO RIVERA: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE THE ON-STREET LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH THE CITY OF PICO RIVERA;
2) AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND,
3) AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY.
10. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION: Human Resources.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 23-8181, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A SIDE LETTER AGREEMENT TO THE 2023-2026 MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION.
11. SECOND READING OF ORDINANCE NO. 23-1507 AMENDING PORTIONS OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS: Community Development.
THAT THE CITY COUNCIL:
ADOPT 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.
12. STREET CLOSURE REQUEST – CITY OF DOWNEY’S 10TH ANNUAL NATIONAL NIGHT OUT EVENT: Police.
THAT THE CITY COUNCIL:
APPROVE A STREET CLOSURE AT THE INTERSECTION OF CIVIC CENTER DR. AND 3 RD ST. FOR THE CITY OF DOWNEY’S 10TH ANNUAL NATIONAL NIGHT OUT EVENT ON TUESDAY, AUGUST 1, 2023.
5 ADMINISTRATIVE REPORTS
13. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE(S) FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO, SEPTEMBER 20-22, 2023 IN SACRAMENTO, CA: City Clerk.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 23-8183, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY DESIGNATING A VOTING DELEGATE AND ALTERNATE(S) FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO, SEPTEMBER 20 - 22, 2023 IN SACRAMENTO, CA.
14. STREET CLOSURE REQUEST – L.A. CADA PRIDE FESTIVAL AND DISCUSSION REGARDING THE WAIVING OF CITY FEES AND STAFF LABOR COSTS RELATED TO THE L.A. CADA PRIDE FESTIVAL EVENT: Community Development/Administration.
THAT THE CITY COUNCIL:
1) APPROVE A STREET CLOSURE APPLICATION FOR THE L.A. CADA PRIDE FESTIVAL; AND,
2) CONSIDER AND PROVIDE DIRECTION TO STAFF REGARDING L.A. CADA’S REQUEST OF THE CITY TO WAIVE EVENT RELATED CITY FEES.
15. DISCUSS WOODRUFF AVENUE BEAUTIFICATION PLAN: Public Works.
THAT THE CITY COUNCIL:
1) DISCUSS THE INFRASTRUCTURE, PARKING, AND CODE ENFORCEMENT ISSUES ALONG WOODRUFF AVE. AND THE STEPS UNDERWAY TO ADDRESS THE ISSUES,
2) APPROVE THE WOODRUFF AVENUE BEAUTIFICATION PLAN AS PROPOSED IN THIS REPORT; AND,
3) PROVIDE DIRECTION TO STAFF REGARDING TAKING ANY ADDITIONAL STEPS IN DEVELOPING A WOODRUFF AVENUE BEAUTIFICATION PLAN.
ADJOURNMENT: In memory of Camp Pendleton Marines Daniel Nichols, 26; Joshua Moore Jr., 27; Rodrigo Zermeno Gomez Jr., 21; and, Jose Martinez, 24 who perished in a car crash on the I-5 Freeway in Downey; Firefighters Jordan Melt and Jamal Jones shot while on duty at Fire Station #9 in Birmingham, Alabama; Indiana State Police Trooper Aaron Smith, killed in the line of duty; Indiana Tell City Police Department Sgt. Heather Glenn, killed in the line of duty; and, Virgin Islands Detective Delberth Phipps, Jr. killed in the line of 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.
6 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 20th day of July, 2023. Maria Alicia Duarte, CMC, City Clerk
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Members of the public wishing to submit written public comment can do so by sending an email to [email protected] or by submitting their written comments to the City Clerk’s Office in person no later than 2:00 p.m. on the day of the meeting.