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 54956.95 – Liability Claim - Worker’s Compensation Claim – Claimant:
Jose Barajas – Claim No.: 22-163840; W orker’s Compensation Appeals Board No.: ADJ17473291; Agency claimed against: City of Downey.
2. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: In re Aqueous Film-Forming Foams Product Liability Litigation, United States District Court for the District of South Carolina, Case No. MDL 2:18-MN-2873-RMG.
3. Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Laurel Goodwin v. City of Downey et al., Los Angeles County Superior Court Case No. 20STCV45245.
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
SEPTEMBER 24, 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 INVOCATION: Pastor Chris Famisaran, Downey Seventh-Day Adventist Church
FLAG SALUTE: Girl Scout Troop 1745
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
CITY MANAGER/STAFF MEMBER COMMENTS
PRESENTATIONS
1. Mayor’s Excellence Award to the Vasquez Family.
2. Mayor’s Excellence Award to the Downey Foundation for Educational Opportunities.
3. Certificates of Appointment to new Youth Commissioners.
PUBLIC HEARINGS
1. APPROVAL OF THE AMENDED CITIZEN PARTICIPATION PLAN (CPP) FOR PROGRAMS
FUNDED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD): Economic Development.
THAT THE CITY COUNCIL:
1) CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON THE DRAFT
AMENDMENT TO THE CPP,
2) ADOPT THE AMENDED CPP AND AUTHORIZE THE CITY MANAGER, OR THEIR DESIGNEE, TO SUBMIT THE PLAN TO HUD; AND,
3) AUTHORIZE THE CITY MANAGER, OR THEIR DESIGNEE, TO MAKE NECESSARY
ADJUSTMENTS TO THE CPP IN RESPONSE TO FEDERAL REGULATIONS OR GUIDANCE FROM HUD.
2. APPROVAL OF A ZONE CHANGE, SITE PLAN REVIEW, CONDITIONAL USE PERMIT, VARIANCE, AND LOT MERGER TO FACILITATE THE DEVELOPMENT OF A NEW 18,718 SQUARE FOOT YMCA FACILITY (PLN-23-00168): Community Development.
THAT THE CITY COUNCIL:
1) INTRODUCE AN ORDINANCE APPROVING A ZONE CHANGE DESIGNATION FROM
OPEN SPACE (OS) ZONE TO THE COMMERCIAL OFFICE (CP) ZONE FOR THE PROPERTY LOCATED AT 11531 DOWNEY AVENUE;
2) ADOPT RESOLUTION NO. 24-8269, (1) APPROVING A SITE PLAN REVIEW, (2) CONDITIONAL USE PERMIT, AND (3) A VARIANCE, THEREBY ALLOWING THE CONSTRUCTION OF AN 18,718 SQUARE FOOT YMCA PARKS AND RECREATIONAL FACILITY AND 975 SQUARE FOOT GYMNASIUM ADDITION LOCATED AT 11521 DOWNEY AVENUE, 11531 DOWNEY AVENUE, AND 8268 ARNETT STREET (PLN-23- 00168); AND,
3) ADOPT RESOLUTION NO. 24-8270, APPROVING A LOT MERGER FOR THE CONSOLIDATION OF THREE PARCELS (PLN-23-00168) FOR THE PROPERTIES
3 LOCATED AT 11521 DOWNEY AVENUE, 11531 DOWNEY AVENUE, AND 8268 ARNETT STREET (APNs: 6255-013-032, 6255-013-033, AND 6255-013-034).
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.
3. WARRANTS ISSUED: Warrant Nos. 381438 – 381873; Payroll Wire Nos. 30004498 & 30004501 – 30004503; EFT Nos. 13890 – 13925; and, Manual Wire Nos. 2581 – 2583, in the total amount of $3,352,701.63: Finance.
4. APPROVAL OF PLANS, SPECIFICATIONS, AND SOLICITATION FOR CONSTRUCTION BIDS FOR THE WOODRUFF AVENUE STREET IMPROVEMENT PROJECT, PHASE 2, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 14-14B: Public Works.
THAT THE CITY COUNCIL:
APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR
CONSTRUCTION BIDS FOR THE WOODRUFF AVENUE STREET IMPROVEMENT PROJECT, PHASE 2, CIP NO. 14-14B.
5. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH BAS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR RIO SAN
GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT, CAPITAL IMPROVEMENT PROGRAM (CIP) NO. 23-31: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH TETRA TECH BAS, INC.
FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES FOR THE RIO SAN GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT CIP NO. 23-31;
2) AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $179,360 FROM THE GENERAL FUND – FUND BALANCE TO THE CAPITAL IMPROVEMENT PROJECT FUND, CIP NO. 23-31 RIO SAN GABRIEL PARK GREEN, SAFE AND ACTIVE PARK IMPROVEMENTS PROJECT; AND,
3) AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY.
6. ACCEPTANCE OF WORK FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 24-27: Public Works.
4 THAT THE CITY COUNCIL:
1) ACCEPT THE WORK FOR THE WESTERN AVENUE WATER SYSTEM IMPROVEMENTS, CIP NO. 24-27;
2) APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $647,000; AND,
3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE A NOTICE OF COMPLETION.
7. APPROVAL OF PURCHASE AND INSTALLATION OF POLICE EMERGENCY LIGHTING,
COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR POLICE VEHICLES: Police.
THAT THE CITY COUNCIL:
1) APPROVE THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY LIGHTING,
COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR 12 DODGE DURANGOS AT AN AMOUNT OF $532,691 THROUGH COMMLINE INC.; AND,
2) APPROVE THE APPROPRIATION OF $532,691 FROM THE MEASURE S EQUIPMENT
AND CAPITAL IMPROVEMENT FUND FOR THE PURCHASE AND INSTALLATION OF
POLICE EMERGENCY LIGHTING, COMPUTERS, MOBILE VIDEO RECORDERS AND MISCELLANEOUS POLICE EQUIPMENT FOR 12 PREVIOUSLY PURCHASED DODGE DURANGOS.
8. APPROVAL OF 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 $427,924.
9. APPROVAL OF PROCUREMENT OF MERIDIAN BARRIERS FOR USE IN DOWNTOWN STREET CLOSURES: Public Works.
THAT THE CITY COUNCIL:
APPROVE THE PURCHASE OF MOVABLE MERIDIAN BARRIERS FOR ENHANCED SAFETY AND FLEXIBILITY IN TRAFFIC CONTROL.
10. APPROVAL OF A CONTRACT WITH F.M. THOMAS AIR CONDITIONING, INC. FOR THE
REPLACEMENT OF THE HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM AT THE POLICE DEPARTMENT FACILITY: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE A PUBLIC WORKS CONTRACT AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC. IN THE AMOUNT OF $1,769,205 FOR THE REPLACEMENT OF THE HVAC SYSTEM AT THE POLICE DEPARTMENT FACILITY; AND
2) AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $1,900,000 FROM MEASURE S FUNDS TO THE HVAC IMPROVEMENTS AT THE POLICE FACILITY PROJECT.
5 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES: Public Works.
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JONCOWEST IN THE AMOUNT OF $90,300 ANNUALLY FOR TWO YEARS COMMENCING OCTOBER 1, 2024,
WITH AN OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS FOR CITYWIDE BUS STOP CLEANING AND MAINTENANCE SERVICES;
2) AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT; AND,
3) AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AMENDMENTS TO THE AGREEMENT.
12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY PATRIOT FOR PUBLICATION OF LEGAL NOTICES: City Clerk.
THAT THE CITY COUNCIL:
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE DOWNEY PATRIOT IN AN AMOUNT NOT TO EXCEED $75,000 FOR THE PUBLICATION OF LEGAL NOTICES THROUGH JUNE 30, 2025.
13. ADOPTION OF RESOLUTION APPROVING APPOINTMENT TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 1: City Clerk.
THAT THE CITY COUNCIL:
ADOPT RESOLUTION NO. 24-8271, APPROVING THE APPOINTMENT OF OSCAR CISCO
TO THE RECREATION AND COMMUNITY SERVICES COMMISSION FOR COUNCIL DISTRICT 1.
14. RECEIVE AND FILE THE 2024 LOCAL AGENCY BIENNIAL NOTICE IDENTIFYING REQUIRED AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE: City Clerk/City Attorney.
THAT THE CITY COUNCIL:
RECEIVE AND FILE THE 2024 LOCAL AGENCY BIENNIAL NOTICE ADVISING THAT THE CITY’S CONFLICT OF INTEREST CODE REQUIRES AMENDMENTS TO BE APPROVED BY THE CITY COUNCIL.
15. APPROVAL OF STREET CLOSURE REQUEST FOR THE CITY OF DOWNEY’S 11TH ANNUAL DIA DE LOS MUERTOS ART FESTIVAL: Parks and Recreation.
THAT THE CITY COUNCIL:
APPROVE THE FOLLOWING STREET CLOSURES FOR THE CITY OF DOWNEY’S 11TH
ANNUAL DIA DE LOS MUERTOS ART FESTIVAL SCHEDULED FOR SUNDAY, OCTOBER 27, 2024.
• BROOKSHIRE AVENUE AT 2ND STREET
• CIVIC CENTER DRIVE AT 3RD STREET
ADMINISTRATIVE REPORTS
6 16. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 1 (“DISORDERLY CONDUCT, ETC.”) OF ARTICLE IV (“PUBLIC WELFARE, MORALS, AND POLICY”) AND CHAPTER 1 (“PUBLIC PARKS”) OF ARTICLE X (“PARKS, PLAYGROUNDS, AND RECREATION”) OF THE
DOWNEY MUNICIPAL CODE RELATED TO LOITERING, CAMPING, AND OBSTRUCTIONS OF PUBLIC RIGHTS-OF-WAY: City Attorney/City Prosecutor.
THAT THE CITY COUNCIL:
INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 1 (“DISORDERLY CONDUCT, ETC.”) OF ARTICLE IV (“PUBLIC WELFARE, MORALS, AND POLICY”) AND CHAPTER 1 (“PUBLIC PARKS”) OF ARTICLE X (“PARKS, PLAYGROUNDS, AND RECREATION”) OF THE DOWNEY MUNICIPAL CODE RELATED TO LOITERING, CAMPING, AND OBSTRUCTIONS OF PUBLIC RIGHTS-OF-WAY.
17. DISCUSSION REGARDING HOSTING A VIETNAM VETERANS MEMORIAL REPLICA:
Administration.
THAT THE CITY COUNCIL:
PROVIDE STAFF DIRECTION REGARDING HOSTING A VIETNAM VETERANS MEMORIAL REPLICA.
ADJOURNMENT: In memory of Army Private First-Class Matthew Perez, 20, of Whittier, California, assigned to the 3rd Brigade Combat Team, 82nd Airborne Division, who succumbed to his injuries sustained during a training accident at Joint Readiness Training Center in Fort Johnson, Louisiana.
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.
7 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 19th day of September, 2024. Maria Alicia Duarte, CMC, City Clerk
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