HomeMy WebLinkAbout00. Agenda CC - 11-12-19COUNCIL MEMBERS
SEAN ASHTON
CLAUDIA M. FROMETA
ALEX SAAB
Special Meeting — 5:30 p.m.
Regular Meeting — 6:30 p.m.
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING — 5:30 P.M.
ROLL CALL: Council Members Ashton, Frometa, Saab, Mayor Pro Tem Pacheco, Mayor Rodriguez
APPROVE CLOSED SESSION MINUTES: October 8, 2019; October 22, 2019: Administration.
PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on any item on the Closed Session Agenda may do so at
this time. Please limit your comments to no more than 5 minutes)
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING
AUTHORITIES:
1. Government Code Section 54956.9(a) and (e)(3): Conference with Legal Counsel — Anticipated
Litigation- Receipt of written communication from the Greater Downey Association of REALTORS
threatening litigation against the City (copy available for public inspection in City Clerk's Office).
2. Government Code Section 54956.9(d)(1) — Pending Litigation - City of Downey v. General
Reinsurance Corporation, et al., LASC Case No. 19NWCV00625.
3. Government Code Section 54957.6 - Conference with labor negotiators John Oskoui/James
McQueen re: direction for labor negotiations with Downey Firemen's Association.
4. Government Code Section 54956.95 - Liability Claim: Jerry Price v. City of Downey, Worker's
Compensation Claim No. 16-124724; WCAB NO.: ADJ10243247.
5. Government Code Section 54957(b)(1) — Public Employee Performance Evaluation — Title:
City Manager
6. Government Code Section 54957(b)(1) — Public Employee Performance Evaluation — Title:
City Attorney
7. Government Code Section 54957(b)(1) — Public Employee Performance Evaluation Title:
City Clerk
ADJOURNMENT
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CALL TO ORDER THE REGULAR CITY COUNCIL MEETING — 6:30 P.M.
ROLL CALL: Council Members Ashton, Frometa, Saab, Mayor Pro Tem Pacheco, Mayor Rodriguez
INVOCATION: Dale & Brenda Warner, Downey United Methodist Church
FLAG SALUTE: Alex Bernard
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
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1. Mayor's Servant Heart Award to Alex Vargas, Kimberly Barnette, & Frase Family.
2. Downey's Finest Award to Carlos Guerra.
3. Certificates of Recognition to CERT Program Graduates.
4. Certificate of Recognition to Soroptimist International of Downey in recognition of their work for
Breast Cancer Awareness Month.
5. Certificate of Recognition to Soroptimist International of Downey in recognition of Domestic
Violence Month.
PUBLIC HEARING: None.
NON -AGENDA PUBLIC COMMENT
This portion provides an opportunity for the public to address the Council on items within the jurisdiction of the Council and not
listed on the agenda. 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 5 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
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 Council Member request an item be
removed. Removed items will be considered following approval of the Consent Calendar.
1. APPROVE MINUTES: Special Meeting of October 22, 2019; Regular Meetings of October 8: City
Clerk.
2. WARRANTS ISSUED: Warrant Nos. 337996 — 338546; Payroll Wire Nos. 30003920, 30003927 &
30003929 — 30003932; and, Manual Wire Nos. 1921 — 1922 in the total amount of $6,531,762.86:
Finance.
3. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,565,000 TO HARDY &
HARPER, INC. FOR THE PARAMOUNT BLVD. MEDIAN ISLAND IMPROVEMENTS BETWEEN
FIRESTONE BLVD. AND FLORENCE AVE. (PHASE 2); AUTHORIZE TRANSFER $284,500 IN
PROPOSITION C FUNDS FROM ACCOUNT NO. 54-1-7806 TO ACCOUNT NO. 54-1-6702 TO
COVER THE SHORTFALL IN FUNDING, AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND ANY AMENDMENTS TO THE AGREEMENT DEEMED NECESSARY; AND,
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE
UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 14-19):
Public Works.
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4. REJECT ALL BIDS RECEIVED FOR THE WILDERNESS PARK PONDS RESTORATION
PROJECT; AUTHORIZE SOLICITATION OF BIDS FROM MULTIPLE PRIME CONTRACTORS;
AND, AUTHORIZE STAFF TO PURCHASE A PRE -FABRICATED PEDESTRIAN BRIDGE
SYSTEM THROUGH A SOLE SOURCE INFORMAL BID PROCESS (CAPITAL IMPROVEMENT
PROJECT NO. 15-21): Administration.
5. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $379,673.50 TO CJ CONCRETE
CONSTRUCTION, INC. FOR THE ANNUAL MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIRS (COUNCIL DISTRICT 4) AND ADA IMPROVEMENTS (CITYWIDE) PROJECTS;
AUTHORIZE TRANSFER OF $226,050 OF BUDGETED GAS TAX FUNDS FROM ACCOUNT
NO. 30-1-6788 TO ACCOUNT NO. 30-1-6761 TO COVER SHORTFALL IN FUNDING; APPROVE
AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR PARKWAY
IMPROVEMENTS ADJACENT TO VARIOUS SCHOOL CAMPUSES; AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS DEEMED
NECESSARY; APPROPRIATE AN ADDITIONAL $30,000 IN DUSD REIMBURSABLE FUNDS IN
ACCOUNT NO. 26-1-6761 TO COVER SHORTFALL IN FUNDING; AND, AUTHORIZE THE
PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE
OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT
BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-11): Public Works.
6. ACCEPT WORK FOR WELL NO. 16 REHABILITATION; APPROVE FINAL CONTRACT
AMOUNT OF $115,609.50; AND, AUTHORIZE DIRECTOR OF PUBLIC WORKS TO FILE
NOTICE OF COMPLETION: Public Works.
7. AUTHORIZE THE AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF
ADMINISTRATIVE HEARINGS (OAH) TO PROVIDE ADMINISTRATIVE SERVICES FOR
PERSONNEL PROCEEDINGS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE FOR
CERTAIN PUBLIC SAFETY MEMBER APPEAL PROCEEDINGS; AND, AUTHORIZE THE CITY
MANAGER TO EXECUTE THIS AGREEMENT: Human Resources.
8. AUTHORIZE THE MAYOR TO EXECUTE A LEGAL SERVICES AGREEMENT BETWEEN THE
CITY AND THE LAW OFFICES OF BRIAN T. RILEY FOR WORKER'S COMPENSATION
MATTERS: Human Resources.
9. APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR THE PUBLICATION OF LEGAL
NOTICES WITH THE DOWNEY PATRIOT FOR THE PERIOD BEGINNING NOVEMBER 1, 2019
TO JUNE 30, 2020: City Clerk.
10. APPROVE A SERVICES CONTRACT AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL
SERVICES, INC. IN THE AMOUNT OF $140,000 ANNUALLY FOR HAZARDOUS MATERIALS
DISPOSAL AND EMERGENCY ABATEMENT SERVICES; AUTHORIZE THE MAYOR TO
EXECUTE THE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY
AND ALL AMENDMENTS TO THE AGREEMENT: Public Works.
11. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE EMERGENCY
MANAGEMENT, INC. IN THE AMOUNT OF $29,998.08 TO BE COMPLETED BY FEBURARY 28,
2020 FOR THE EMERGENCY SHELTER PLANNING SERVICES; AUTHORIZE THE MAYOR TO
EXECUTE THE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY
AND ALL AMENDMENTS: Fire.
12. APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DIXON RESOURCES UNLIMITED TO
PROVIDE AN ANNUAL DOWNTOWN PARKING ASSESSMENT FOR AN AMOUNT NOT TO
EXCEED $22,761: Community Development.
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13. AUTHORIZE THE MAYOR TO EXECUTE THE ATTACHED AMENDMENT TO THE SPECIAL
SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF LIEBERT CASSIDY
WHITMORE (LCW): Human Resources.
14. ADOPT RESOLUTION NO, 19- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING AN UPDATED COMPREHENSIVE PAY SCHEDULE IN COMPLIANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5: Human Resources.
15. ADOPT RESOLUTION NO. 19- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, UPDATING THE CITY'S RECORDS RETENTION SCHEDULE, READOPTING
THE CITY'S POLICY REGARDING THE DISPOSITION OF OBSOLETE RECORDS, AND
RESCINDING RESOLUTION NO. 17-7711: City Clerk.
16. RECEIVE AND FILE THE CITY OF DOWNEY ADA TRANSITION PLAN ANNUAL REVIEW AND
UPDATE: Public Works.
17. APPROVE THE PARADE PERMIT/STREET CLOSURE APPLICATION SUBMITTED BY THE
DOWNEY CHAMBER OF COMMERCE FOR THE ANNUAL HOLIDAY PARADE ON SUNDAY,
DECEMBER 1, 2019: Administration.
ADMINISTRATIVE REPORTS
18. ADOPT RESOLUTION NO. 19- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ESTABLISHING COMPENSATION FOR THE POSITION OF FIRE CHIEF: Human
Resources.
19. DISCUSSION AND DIRECTION REGARDING PROHIBITING NO-FAULT EVICTIONS TO
PROTECT TENANTS UNTIL JANUARY 1, 2020 WHEN AB 1482 TAKES EFFECT: Council
Member Ashton.
STAFF MEMBER COMMENTS
ADJOURNMENT: to Wednesday, November 20, 2019, in memory of EI Dorado County, Nevada Sheriff
Deputy Brian Ishmael, killed in the line of duty; Sgt. Nathaneil G. Irish, 23, of Billings, Montana who was
supporting Operation Inherent Resolve; Retired Downey Fire Department Captain Ralph Friend; and,
longtime friend of the Downey Fire Department, Jay Bressler.
Supporting documents are available at: www.downevca.orq; 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 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 ADACoordinator(a),downevca.orq: 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 (562) 299-6619 or the City Clerk's Office at (562) 904-7280, 48
business hours prior to the meeting.
En cumplimiento con el Titulo VI de la Ley de Derechos Civiles, la Ciudad de Downey proh"ibe la discriminacion
de cualquier persona en todos sus programas y servicios. En caso de necesitar una traduccion escrita de las
ordenes del 6a o las actas de las reuniones de la ciudad, o para solicitar un interprete oral para una reunion de
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la ciudad, comuniquese al (562) 299-6619 o la Oficina de la Secretaria de la ciudad al (562) 904-7280 en el
horario de atencion comercial, 48 horas habiles antes de la reunion.
1, 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 Senior Center.
Dated this 7t" day of November, 2019 Varia Alicia Duarte, CVC, CiN Clerk