1 CITY COUNCIL
MAYOR
MARIO TRUJILLO
MAYOR PRO TEM
HECTOR SOSA
COUNCIL MEMBERS
CLAUDIA M. FROMETA
HORACIO ORTIZ
DOROTHY PEMBERTON
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 Frometa, Ortiz, Pemberton, Mayor Pro Tem Sosa, Mayor Trujillo
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).
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING AUTHORITIES:
1. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Government Code sections 54956.9(d)(2), (e)(3), and (e)(5). One (1) potential case.
2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation:
Mariela Martinez v. City of Downey, Los Angeles Superior Court Case No. 23NWCV01799.
3. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Government Code sections 54956.9(d)(2) and (e)(3). Attached letter from Dawn Diaz, General Counsel for Ojos Locos Sports Cantina dated December 21, 2023, also available for public inspection at the City Clerk’s Office at 11111 Brookshire Avenue during normal City business hours.
4. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Whittier et al. v. Superior Court of the State of California, County of Los Angeles et al., Los Angeles Superior Court Case No. 23STCP03579.
RECONVENE AND ANNOUNCE CLOSED SESSION ACTION
REVISED
JANUARY 9, 2024
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 Frometa, Ortiz, Pemberton, Mayor Pro Tem Sosa, Mayor Trujillo
INVOCATION: Father Sam Ward, St. Raymond Catholic Church
FLAG SALUTE: Fire Chief Dan Hurlock
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Special recognition to Pablo Lemus Navarro, Mayor of Guadalajara.
2. Presentation of City Tile to retiring employee with 21 years of service, Lucy Reyes, Code Enforcement Officer.
3. Presentation of City Tile to retiring employee with 34 years of service, Desiderio “Desi” Gutierrez, Principal Civil Engineer.
PUBLIC HEARINGS
1. AMENDMENT TO THE FISCAL YEAR 2023-2024 ACTION PLAN: Community Development.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING AND RECEIVE COMMENTS ON THE REVISED SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, THEREBY REALLOCATING $165,000 TO THE EXISTING HOUSING REHABILITATION PROGRAM;
2) SUBMIT AN UPDATED HOME VALUE ANALYSIS SPECIFIC TO THE CITY OF DOWNEY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ESTABLISHING A LOCAL 95 PERCENT OF MEDIAN AREA PURCHASE PRICE LIMIT;
3) APPROVE THE PROPOSED 2023-2024 ANNUAL ACTION PLAN SUBSTANTIAL
AMENDMENT AND AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT THE PLAN AND ANY NECESSARY AMENDMENTS TO THE PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND,
4) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO MODIFY AND EXECUTE ANY
AND ALL APPROPRIATE INSTRUMENTS, AGREEMENTS, CONTRACTS, AND
IMPLEMENTING DOCUMENTS RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF THE SUBSTANTIAL AMENDMENT TO THE 2023-2024 ANNUAL
ACTION PLAN FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS.
3 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: September 26, 2023 (Open Session); October 24, 2023 (Open and Closed Session): City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 373845 – 374625; Payroll Wire Nos. 30004395, 30004397 & 30004415, 30004416, 30004418, 30004420, 30004422 and 30004423; EFT Nos. 13132 – 13198; and, Manual Wire Nos. 2453 – 2461 in the total amount of $7,411,418.14: Finance.
4. ACCEPTANCE OF WORK FOR THE MANZANAR AVE. AND BERGMAN LN. STREET IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-04: Public Works.
THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE MANZANAR AVE. AND BERGMAN LN. STREET IMPROVEMENTS PROJECT, CIP NO. 24-04;
2) APPROVE GENTRY GENERAL ENGINEERING INCORPORATED’S FINAL CONSTRUCTION CONTRACT AMOUNT OF $279,540.50; AND,
3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE
OF COMPLETION FOR THE PROJECT WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED BY THE CITY.
5. PURCHASE OF WATER METERS AND RADIO EQUIPMENT FOR PUBLIC WORKS UTILITIES OPERATIONS: Public Works.
THAT THE CITY COUNCIL:
APPROVE A PURCHASE ORDER WITH AQUAMETRIC SALES COMPANY, INC. FOR
WATER METERS AND ASSOCIATED RADIO EQUIPMENT FOR A TOTAL AMOUNT OF $363,492.
6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH AVAIL TECHNOLOGIES, INC.
FOR THE PROCUREMENT AND IMPLEMENTATION OF TRANSIT MANAGEMENT SYSTEMS
FOR DOWNEY LINK BUSES IN CONJUNCTION WITH CITYWIDE BUS SIGNAL PRIORITY PROJECT, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 17-07: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH AVAIL TECHNOLOGIES, INC. FOR THE PROCUREMENT AND IMPLEMENTATION OF TRANSIT MANAGEMENT SYSTEMS FOR A ONE-YEAR TERM BEGINNING ON JANUARY 10, 2024, WITH THE OPTIONAL EXTENDED TERM OF THREE ADDITIONAL YEARS, FOR A TOTAL AMOUNT OF $427,500; AND,
4 2) AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT WITH AVAIL TECHNOLOGIES, INC. IN THE AMOUNT OF $427,500, INCLUDING ANY
NON-SUBSTANTIVE EXTENSIONS, CHANGE ORDERS, PURCHASE ORDERS, AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $427,500.
7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR SUCCESSOR AGENCY AND HOUSING AUTHORITY SERVICES WITH TIERRA WEST ADVISORS INC.: Community Development.
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH TIERRA WEST ADVISORS INC. FOR SUCCESSOR AGENCY AND HOUSING AUTHORITY SERVICES, IN A NOT-TO- EXCEED AMOUNT OF $127,580;
2) APPROPRIATE $67,580 TO GENERAL FUND, COMMUNITY DEVELOPMENT ACCOUNT NO. 10-4-5910-0700; AND,
3) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEES, TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT.
8. APPROVAL OF AGREEMENT WITH STAR-DUST TOURS FOR CHARTER BUSES FOR ADULT AND YOUTH FIELD TRIPS: Parks & Recreation.
THAT THE CITY COUNCIL:
APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH STAR-DUST TOURS, INC.
FOR YOUTH AND ADULT FIELD TRIP TRANSPORTATION SERVICES FOR A TERM OF 1.5 YEARS BEGINNING ON JANUARY 9, 2024, WITH THE OPTIONAL EXTENSION OF TWO, 1- YEAR TERMS, FOR A TOTAL CONTRACT AMOUNT OF $151,200.
9. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH SEAACA FOR THE “PETS FOR FUR-ST RESPONDERS” PROGRAM: Administration.
THAT THE CITY COUNCIL:
APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SOUTHEAST AREA ANIMAL CONTROL AUTHORITY (SEAACA) FOR THE “PETS FOR FUR-ST RESPONDERS” PROGRAM AND AUTHORIZE THE CITY MANAGER TO SIGN IT.
10. APPROVAL OF MASTER AGREEMENT BETWEEN THE CITY OF DOWNEY AND CALIFORNIA
DEPARTMENT OF TRANSPORTATION ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS: Public Works.
THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION NO. 24-8210, APPROVING THE MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE-FUNDED PROJECTS (AGREEMENT NO. 07-5334S21); AND,
2) AUTHORIZE THE CITY MANAGER TO EXECUTE PROGRAM SUPPLEMENTS TO THE AGENCY-STATE MASTER AGREEMENT FOR VARIOUS STATE-FUNDED PROJECTS.
5 11. RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALIFORNIA
DEPARTMENT OF RESOURCES, RECYCLING, AND RECOVERY (CALRECYCLE) PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS: Public Works.
THAT THE CITY COUNCIL:
1) ADOPT RESOLUTION NO. 24-8211, AUTHORIZING THE SUBMITTAL OF
APPLICATION(S) FOR ALL CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING,
AND RECOVERY (CALRECYCLE) PAYMENT PROGRAMS AND RELATED
AUTHORIZATION; AND,
2) AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT-RELATED DOCUMENTS.
12. RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN OBSOLETE POLICE DEPARTMENT RECORDS: Police.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8212, APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT.
13. APPOINTMENT TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 1: Council Member Ortiz.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8213, APPROVING THE APPOINTMENT OF HECTOR LUJAN TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 1.
14. APPOINTMENT TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT 1: Council Member Ortiz.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8214, APPROVING THE APPOINTMENT OF SANDRA LOZANO TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT 1.
15. APPOINTMENT TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8215, APPROVING THE APPOINTMENT OF JUAN SOTO TO
THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT
3. 16. APPOINTMENT TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8216, APPROVING THE APPOINTMENT OF KATIE CASTELLANOS TO THE LIBRARY ADVISORY BOARD FOR COUNCIL DISTRICT 3.
17. APPOINTMENT TO THE INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE FOR COUNCIL DISTRICT 3: Council Member Pemberton.
6 THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8217, APPROVING THE APPOINTMENT OF REBECCA REYES TO THE INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE FOR COUNCIL DISTRICT 3.
18. APPOINTMENT TO THE BOARD OF BUILDING APPEALS FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8218, APPROVING THE APPOINTMENT OF JEFF MCCAUGHAN TO THE BOARD OF BUILDING APPEALS FOR COUNCIL DISTRICT 3.
19. APPOINTMENT TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8219, APPROVING THE APPOINTMENT OF ELIAS SAIKALY TO THE PLANNING COMMISSION FOR DISTRICT 3.
20. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8220, APPROVING THE APPOINTMENT OF SUE SAIKALY TO THE PUBLIC WORKS COMMITTEE FOR DISTRICT 3.
21. APPOINTMENT TO THE GREEN TASK FORCE FOR DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8221, APPROVING THE APPOINTMENT OF BRIANA LOPEZ TO THE GREEN TASK FORCE FOR DISTRICT 3.
22. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 3: Council Member Pemberton.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8222, APPROVING THE APPOINTMENT OF ERNESTO VALLE TO THE PUBLIC WORKS COMMITTEE FOR DISTRICT 3.
23. APPOINTMENT TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 5: Mayor Trujillo.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8223, APPROVING THE APPOINTMENT OF LOUIS MORALES TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 5.
7 24. APPOINTMENT TO THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 5: Mayor Trujillo.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8224, APPROVING THE APPOINTMENT OF LISSETTE
RIVERA TO REPLACE THE EXISTING MEMBER ON THE PUBLIC WORKS COMMITTEE FOR COUNCIL DISTRICT 5.
25. APPOINTMENT TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 5: Mayor Trujillo.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8225, APPROVING THE APPOINTMENT OF ERNESTO VALLE
TO REPLACE THE EXISTING COMMISSIONER ON THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 5.
26. APPOINTMENTS TO THE 2023/2024 DOWNEY YOUTH COMMISSION IN DISTRICT 3: Parks & Recreation.
THAT THE CITY COUNCIL:
APPROVE THE APPOINTMENT OF ALEXIS AVALOS AND SOFIA VELA TO THE 2023/2024 DOWNEY YOUTH COMMISSION FOR DISTRICT 3.
27. STREET CLOSURE REQUEST – 12th ANNUAL 5K FOR TRUE LASTING CONNECTIONS FAMILY RESOURCE CENTER EVENT: Parks & Recreation.
THAT THE CITY COUNCIL:
AUTHORIZE THE FOLLOWING STREET CLOSURES FOR THE ANNUAL 5K FOR TRUE
LASTING CONNECTIONS FAMILY RESOURCE CENTER EVENT SCHEDULED FOR SATURDAY, FEBRUARY 24, 2024.
• RIVES AVE. BETWEEN HONDO ST. AND LEEDS ST.
• QUILL DR. BETWEEN OLD RIVER SCHOOL RD. AND MORNING AVE. • RICHEON AVE. BETWEEN QUILL DR. AND HONDO ST.
28. BUDGET CALENDAR FOR 2024-2025 FISCAL YEAR: Finance.
THAT THE CITY COUNCIL:
APPROVE THE ATTACHED BUDGET CALENDAR FOR THE FISCAL YEAR 2024-2025 BUDGET.
29. APPROVAL OF COUNCIL MEETING CALENDAR FOR 2024: Administration.
THAT THE CITY COUNCIL:
APPROVE THE COUNCIL MEETING SCHEDULE FOR 2024.
8 ADMINISTRATIVE REPORTS
30. CITY COUNCIL APPOINTMENTS TO THE INTER-GOVERNMENT AGENCIES AND COUNCIL SUBCOMMITTEES FOR 2024: City Clerk.
THAT THE CITY COUNCIL:
1) APPROVE THE CITY COUNCIL APPOINTMENTS TO THE INTER-GOVERNMENT AGENCIES AND COUNCIL SUBCOMMITTEES FOR 2024;
2) TERMINATE THE ECO-RAPID TRANSIT, RIO HONDO GOLF CLUB AND RANCHO LOS
AMIGOS PROPERTY SUBCOMMITTEES, AND,
3) MERGE THE AFFORDABLE HOUSING AND RENTER’S RIGHTS SUBCOMMITTEES INTO THE AFFORDABLE AND TENANTS’ HOUSING SUBCOMMITTEE.
ADJOURNMENT: In memory of Deputy Sheriff Justin Smith of the Stone County Sheriff’s Office, Arkansas, who died while servicing a warrant and attempting to arrest a subject for terroristic threats; Deputy Sheriff Justin Smith Minix of the Coweta County Sheriff’s Office, Georgia, who died after being struck by a vehicle when responding to a high-speed chase; the five crew members killed in a plane crash in Tokyo, Japan; and, Police Officer Tuan Le of the Oakland Police Department who was shot and killed while responding to a burglary call.
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 6th day of January, 2024. Maria Alicia Duarte, CMC, City Clerk
9 Scan QR Code to view the City of Downey City Accomplishments 2022-2023
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