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. 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
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: Gregory Welch, Chaplain, Downey Police Department
FLAG SALUTE
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
REVISED
APRIL 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 1. Mayor’s Excellence Award to Downey High School Cheer Team for winning 1st place at the U.S.A Spirit Nationals.
2. Mayor’s Excellence Award to Christina Osorio, Downey High School senior for winning the 2024 CIF State Wrestling Championship.
3. Proclamation in honor of Fair Housing Month.
4. Proclamation in honor of National Library Week, April 7 – 13.
5. Proclamation in honor of Arbor Day.
PUBLIC HEARINGS:
1. ESTABLISHMENT OF A RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE NORTH
AND SOUTH SIDES OF BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE: Public Works.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING CONCERNING A RESOLUTION ESTABLISHING A
RESIDENTIAL PREFERENTIAL PARKING DISTRICT ON THE NORTH AND SOUTH
SIDE OF BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE; AND,
2) ADOPT RESOLUTION NO. 24-8237, ESTABLISHING A RESIDENTIAL
PREFERENTIAL PARKING DISTRICT ON THE NORTH AND SOUTH SIDES OF BAYSINGER STREET BETWEEN VULTEE AVENUE AND HALEDON AVENUE.
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. WARRANTS ISSUED: Warrant Nos. 376626 – 377050; Payroll Wire Nos. 30004447 – 30004448 & 30004450; EFT Nos. 13398 – 13434; Manual Wire Nos. 2496 – 250; and, Cashier’s Check Nos. 91181 – 91182 in the total amount of $3,087,187.77: Finance.
3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE FOR ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HIGHWAY, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 17-01: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE FOR ENVIRONMENTAL REMEDIATION SERVICES FOR A 12-MONTH TERM BEGINNING ON APRIL 10, 2024, FOR A TOTAL CONTRACT AMOUNT OF $315,340.80;
3 2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE IN THE AMOUNT OF $315,340.80, INCLUDING ANY NON-SUBSTANTIVE EXTENSIONS, CHANGE
ORDERS AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $350,000; AND,
3) AUTHORIZE A TRANSFER OF WATER FUNDS IN THE AMOUNT OF $170,000 FROM ACCOUNT NO. 51-1-8679 TO ACCOUNT NO. 51-1-6583.
4. ACCEPTANCE OF WORK FOR WELL NO. 24 REHABILITATION, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 23-27: Public Works.
THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE WELL NO. 24 REHABILITATION, CIP NO. 23-27;
2) APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $230,663; AND,
3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A
NOTICE OF COMPLETION INDICATING THE WORK IS COMPLETE AND HAS BEEN ACCEPTED BY THE CITY.
5. APPROVAL OF A CONTRACTED EMERGENCY REPAIR WORK WITH LETNER ROOFING COMPANY FOR THE MCCAUGHAN GYM ROOF REPLACEMENT: Public Works.
THAT THE CITY COUNCIL:
1) RATIFY THE CITY MANAGER’S APPROVAL OF A CONTRACTOR SERVICES AGREEMENT WITH LETNER ROOFING COMPANY IN THE AMOUNT OF $355,360 FOR THE MCCAUGHAN GYM ROOF REPLACEMENT; AND,
2) AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE AGREEMENT.
6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC,
LLC FOR TRAFFIC SIGNAL, FLASHING BEACON AND FIBER-OPTIC COMMUNICATION MAINTENANCE SERVICES: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC FOR A THREE-YEAR TERM BEGINNING ON APRIL 1, 2024 FOR A TOTAL ANNUAL CONTACT AMOUNT OF $434,970.32, SUBJECT TO ANNUAL CPI
ADJUSTMENTS, WITH AN OPTION TO EXTEND FOR UP TO THREE ADDITIONAL 12-MONTH TERMS; AND,
2) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC IN THE AMOUNT OF $434,970.32 ANNUALLY, INCLUDING ANY NON-SUBSTANTIVE
EXTENSIONS, CHANGE ORDERS AND AMENDMENTS UP TO THE AUTHORIZED BUDGET AMOUNT OF $815,000.
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL, AND LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES: Finance.
THAT THE CITY COUNCIL:
4 APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL, AND LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES FOR A THREE (3) YEAR TERM BEGINNING APRIL 15, 2024 FOR A TOTAL CONTRACT AMOUNT OF UP TO $191,290.
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR AN OPERATIONAL ASSESSMENT OF THE DOWNEY POLICE DEPARTMENT: Administration.
THAT THE CITY COUNCIL:
1) APPROVE AN AGREEMENT WITH MATRIX CONSULTING GROUP TO CONDUCT AN
ORGANIZATIONAL ASSESSMENT OF THE DOWNEY POLICE DEPARTMENT AT AN AMOUNT NOT TO EXCEED $135,000 AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT;
2) APPROPRIATE $135,000 FROM THE GENERAL FUND, MEASURE S RESERVE TO FUND THE ASSESSMENT; AND,
3) AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND
EXECUTE AGREEMENT RENEWALS AND ANY EXTENSIONS AND/OR
AMENDMENTS WHICH ARE EITHER NON-SUBSTANTIVE OR ARE OTHERWISE IN COMPLIANCE WITH THE CITY COUNCIL'S ACTIONS HEREUNDER.
9. RESOLUTION ORDERING PREPARATION OF ENGINEER’S REPORT FOR RENEWAL OF LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT NO. 121 FOR FISCAL YEAR 2024-2025: Public Works.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8238, ORDERING PREPARATION OF THE ENGINEER’S REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE “LANDSCAPING AND LIGHTING ACT OF 1972” (STREETS & HIGHWAYS CODE SECTION 22500, ET, SEQ.), BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA FOR THE MAINTENANCE, OPERATION AND SERVICING OF
STREET AND PUBLIC FACILITY LANDSCAPING, LIGHTING, TRAFFIC SIGNALS AND
APPURTENANT WORK IN THE CITY OF DOWNEY FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025.
10. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MAINTENANCE UNIT: Human Resources.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8239, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES’ ASSOCIATION – MAINTENANCE UNIT (APRIL 1, 2023 – MARCH 31, 2026).
5 11. FISCAL YEAR 2024-2025 INVESTMENT POLICY: Finance.
THAT THE CITY COUNCIL:
ADOPT THE INVESTMENT POLICY FOR THE INVESTMENT OF PUBLIC FUNDS OF THE CITY OF DOWNEY AND ITS RELATED ENTITIES.
12. 2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT: Community Development.
THAT THE CITY COUNCIL:
RECEIVE AND FILE THE 2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT.
13. STREET CLOSURE APPLICATION REQUEST BY THE DOWNEY CHAMBER OF COMMERCE FOR STREET FAIR EVENT: Community Development.
THAT THE CITY COUNCIL:
APPROVE THE STREET CLOSURE PERMIT FOR SATURDAY, MAY 11, 2024, FROM 8:00 A.M. TO 8:00 P.M. TO ACCOMMODATE THE “DOWNEY STREET FAIRE” TAKING PLACE FROM 11:00 A.M. TO 6:00 P.M.
ADMINISTRATIVE REPORTS
14. NEW RESIDENTIAL STREET LIGHTING INSTALLATION PROGRAM: Public Works.
THAT THE CITY COUNCIL:
RECEIVE AND FILE A REPORT ON THE NEW CITY PAID RESIDENTIAL STREET
LIGHTING PROGRAM PILOT PROGRAM, AND AUTHORIZE STAFF TO BEGIN SOLICITING THE PROGRAM.
15. STREET CLOSURE APPLICATION REQUEST BY ANGEL CITY MARKET ON BEHALF OF THE DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION (DDIA) AND FEES FOR THREE (3) COMMUNITY EVENTS IN 2024: Community Development.
THAT THE CITY COUNCIL:
APPROVE THE STREET CLOSURE PERMIT AND REQUESTED FEE WAIVER OF $5,940.50. SUBMITTED BY ANGEL CITY MARKET FOR THREE (3) COMMUNITY EVENTS SCHEDULED IN 2024.
ADJOURNMENT: In memory of Detective First Grade Jonathan Diller of the New York City Police Department, who was fatally shot during a traffic stop; Deputy Sheriff Christina Musil of DeKalb County Sherriff’s Office, who was killed after her patrol car was struck by another vehicle; Agent Eliezer Ramos- Velez of the Puerto Rico Police Department, who was shot and killed while on duty; and, Lead Police Officer Adam Buckner of the Tucson Police Department, who was struck and killed in a vehicle accident.
6 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 4th day of April, 2024. 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.