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Special Meeting — 5:30 p.m
Regular Meeting — 6:30 p.m
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
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COUNCIL MEMBERS
SEAN ASHTON
RICK RODRIGUEZ
ALEX SAAB
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SEE SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY FOR
MAY 12, 2020 DOWNEY CITY COUNCIL MEETING.
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING — 5:30 P.M.
ROLL CALL: Council Members Ashton, Rodriguez, Saab, Mayor Pro Tem Frometa, Mayor Pacheco
APPROVE CLOSED SESSION MINUTES: Special Meeting of March 10, 2020 and April 14 and 28,
2020: 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 three (3) minutes).
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING
AUTHORITIES:
1. Government Code Section 54957.6 - Conference with labor negotiators John Oskoui/James
McQueen re: direction for labor negotiations with Downey Police Officers` Association.
2. Government Code Section 54956.95 — Liability Claim — Worker's Compensation Claim
Claimant: Robert Linares Claim No.: Workers' Compensation Appeals Board Case # ADJ11562752
Agency claimed against: City of Downey
3. Initiation of Litigation: One (1) potential case.
ADJOURNMENT
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CALL TO ORDER THE REGULAR CITY COUNCIL MEETING — 6:30 P.M.
ROLL CALL: Council Members Ashton, Rodriguez, Saab, Mayor Pro Tern Frometa, Mayor Pacheco
INVOCATION
FLAG SALUTE
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
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PUBLIC HEARING
1. FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIPS GRANTS FY 2020-24 CONSOLIDATED PLAN, FY 2020-21 ANNUAL ACTION
PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND CITIZEN
PARTICIPATION PLAN: Community Development.
1) APPROVE THE PROPOSED 5-YEAR CONSOLIDATED PLAN, THE ANNUAL ACTION
PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, CITIZEN
PARTICIPATION PLAN;
2) AUTHORIZE THE CITY MANAGER TO TRANSMIT ALL FOUR DOCUMENTS AND
REQUIRED CERTIFICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; AND,
3) MODIFY AND EXECUTE EACH AGREEMENT AND/OR CONTRACT RELATED TO THE
IMPLEMENTATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT PROGRAMS,
INCLUDING THE SUB -RECIPIENT GRANT AGREEMENTS BASED ON THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S APPROPRIATION TO
THE CITY.
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 three (3) 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 requests an item be
removed. Removed items will be considered following approval of the Consent Calendar.
2. APPROVE MINUTES: Special and Regular Meetings of April 28, 2020: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 342937 — 343332; Payroll Wire Nos. 30003983, 30003987 —
30003990; and, Manual Wire Nos. 1995 — 2002 in the total amount of $4,383,572.77: Finance.
4. REJECT THE BID PROTEST FROM PACIFIC AQUASCAPE INTERNATIONAL, INC.; AWARD A
CONSTRUCTION CONTRACT, IN THE AMOUNT OF $1,425,500 TO NR DEVELOPMENT, INC.
FOR THE WILDERNESS PARK POND RESTORATION PROJECT — PONDS AND ELECTRICAL
IMPROVEMENTS; AUTHORIZE THE ASSISTANT CITY MANAGER TO EXECUTE ANY
CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR
DESIRABLE UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT (CAPITAL
IMPROVEMENT PROJECT NO. 15-21D): Administration.
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5. ACCEPT WORK FOR SAMOLINE AVE. AND MELVA ST. WATER SYSTEM IMPROVEMENTS;
APPROVE FINAL CONSTRUCTION CONTRACT AMOUNT OF $788,838; AND, AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE NOTICE OF COMPLETION
(CAPITAL IMPROVEMENT PROJECT NO. 19-04): Public Works.
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR
CONSTRUCTION BIDS FOR THE FY 2019/20 RESIDENTIAL STREETS PAVEMENT
REHABILITATION PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 20-03): Public Works.
7. SALE AGREEMENT FOR 8.76 ACRES OF CITY -OWNED LAND AND RELATED THIRD
AMENDMENT TO GROUND LEASE: Community Development.
1) ADOPT RESOLUTION NO. 20- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING THE SALE AGREEMENT AND ESCROW
INSTRUCTIONS BETWEEN THE CITY OF DOWNEY AND HOLDINGS DOWNEY, LLC, A
DELAWARE LIMITED LIABILITY AND IRG DOWNEY, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY FOR THE SALE OF 8.76 ACRES OF CITY -OWNED LAND; AND,
2) INTRODUCE ORDINANCE NO. 20- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING THE THIRD AMENDMENT TO THE GROUND
LEASE BETWEEN THE CITY OF DOWNEY AND HOLDINGS DOWNEY, LLC AND IRG
DOWNEY, LLC, THEREBY CHANGING THE SCOPE OF THE PROPERTY SUBJECT TO
THE LEASE AND THE RELATED AMOUNT OF BASE RENT, ESTABLISHING A
REVISED TERMINATION DATE AND MAKING OTHER CLARIFYING AMENDMENTS
8. ADOPT ORDINANCE NO. 20- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, CALIFORNIA APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT BETWEEN THE CITIES OF NORWALK, PICO RIVERA, DOWNEY,
BELL GARDENS, MONTEBELLO, PARAMOUNT, SANTA FE SPRINGS, AND SOUTH EL
MONTE EXTENDING THE TERM OF THE SOUTHEAST AREA ANIMAL CONTROL
AUTHORITY: Administration.
9. ADOPT ORDINANCE NO. 20- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, CALIFORNIA APPROVING THE SIXTH AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT AMONG THE CITIES OF ARTESIA, BELLFLOWER,
CERRITOS, DOWNEY, HAWAIIAN GARDENS, LAKEWOOD, NORWALK, AND PARAMOUNT
FOR WORKFORCE DEVELOPMENT SERVICES: Administration.
ADMINISTRATIVE REPORTS
10. CREATION OF AN AD HOC SUBCOMMITTEE TO STUDY TARGETED RESIDENTIAL
PICKETING: City Attorney.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of the lives affected by Covid-19.
Supporting documents are available at: www.down evca.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 assistance is needed to
participate in this meeting, complete the City's Title II ADA Reasonable Accommodation Form located on theCity'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 ,f562) 904-7280 or TTY 7-1-1, 48 business hours
prior to the City Council meeting.
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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 the City Clerk's Office at (562) 904-7280, or (562) 299-6619, 48
business hours prior to the meeting.
En cumplimiento con el Titulo VI de la Ley de Derechos Civiles, la Ciudad de Downey prohibe la discriminacidn
de cualquier persona en todos sus programas y servicios. En caso de necesitar una traduccion escrita de las
ordenes del dia o las actas de las reuniones de la ciudad, o para solicitar un interprete oral para una reunion de
la ciudad, comuniquese a la oficina de la Secretaria de la Ciudad al (562) 904-7280, o al (562) 299-6619, en el
horario de atencion commercial, 48 horas antes de la reunion.
I, Maria Alicia Duarte, CIVIC, 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 8t" day of May, 2020. Maria Alicia Duarte, CVC, City Clerk
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SPECIAL NOTICE
Public Participation and Accessibility for May 12, 2020 Downey City Council Meeting
Pursuant to Paragraph 3 of Executive Order N-29-20, executed by the Governor of California on
March 17, 2020, and as a response to mitigating the spread of Coronavirus known as COVID-19, the
special and regular meetings of the City Council scheduled for Tuesday, May 12, 2020 at 5:30 p.m.
and 6:30 p.m. will allow members of the public to participate and address the City Council during the
open session of the meeting via live stream and/or teleconference only.
Below are the ways to participate in the Special Meeting at 5:30 p.m.
1. Conference Phone (audio only):
Call: (562) 299-6570
Enter Access Code: 0645764 and press the # (pound) key
Public Comment on Closed Session Items Only.
• i i i ii . •'i
In order to effectively accommodate public participation, participants are asked to provide
their public comments via e-mail by 4:00 p.m. on the day of the meeting.
3. Tele-conference phone number: (562) 299-6622
Calls will placed on hold in queue and participants will provide their public comments via speaker
phone. Persons speaking are limited to a maximum of three (3) minutes.
Below are the ways to participate in the Regular Meeting at 6:30 p.m.
1. View the City Council meeting live stream at:
YouTube Channel: https://www.voutube.com/channel/UCiWsukwViGl3Pl3UuqptpRq/live
2. City Council meeting Conference phone (audio only):
Call Toll -Free: (877) 853-5247 or (888) 788-0099
Enter Meeting ID: 946 9777 2479
Enter Password: 673226 and press the # (pound) key
Members of the public wishing to address the City Council, during public comments or for a
specific agenda item, or both, may do so by the following methods:
In order to effectively accommodate public participation, participants are asked to provide
their public comments via e-mail by 4:00 p.m. on the day of the meeting.
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Participants addressing the City Council by email are encouraged to provide the following information:
a) Full Name;
b) City of Residence;
c) Public Comment or Agenda Item No;
d) Subject;
e) Written Comments.
4. Teleconference phone number: (562) 299-6622
Calls will be placed on hold in queue and participants will provide their public comments via speaker
phone. Persons speaking are limited to a maximum of three (3) minutes. Please be mindful that the
teleconference call will be recorded as any other person is recorded when appearing before the City
Council, and all other rules of procedure and decorum will apply when addressing the City Council
by teleconference.
Participants addressing the City Council by teleconference are encouraged to provide the following
information:
a) Full Name;
b) City of Residence;
c) Public Comment or Agenda Item No;
d) Subject.
For any questions contact the City Clerk's Office at (562) 904-7280.
A
WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus continues to spread and is
impacting nearly all sectors of California; and
WHEREAS the threat of COVID-1 9 has resulted in serious and ongoing
economic harms, in particular to some of the most vulnerable Californians, and
WHEREAS time bound eligibility redeferminafions are required for Medi-
Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California
Food Assistance Program, and In Home Supportive Services beneficiaries to
continue their benefits, in accordance with processes established by the
Department of Social Services, the Department of Health Care Services, and the
Federal Government; and
WHEREAS social distancing recommendations or Orders as well as a
statewide imperative for critical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CaIWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
Services beneficiaries from obtaining in -person eligibility redeterminations; and
WHEREAS under the provisions of Government Code section 8571, 1 find
that strict compliance with various statutes and regulations specified in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE, 1, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567 and 8571, do hereby issue the following order to become effective
immediately:
As to individuals currently eligible for benefits under Medi-Cal, Ca]Fresh,
CaIWORKs, the Cash Assistance Program for Immigrants, the California
Food Assistance Program, or In Home Supportive Services benefits, and
to the extent necessary to allow such individuals to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Title 22, section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would require
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. This Order shall be construed to be
consistent with applicable federal laws, including but not limited to
Code of Federal Regulations, Title 42, section 435.912, subdivision (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidance issued on January 30, 2018) to permit the extension of
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11 11 1 1
2. Through June 17, 2020, any month or partial month in which California
Work Opportunity and Responsibility to Kids (CaIWORKs) aid or services
are received pursuant to Welfare and Institutions Code Section 11200
ef sei. shall not be counted for purposes of the 48-monfh time limit set
forth in Welfare an Institutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time limits set
forth in Code of Federal Regulations, Title 45, section 264.1.
3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn
and superseded by the following text:
Notwithstanding any other provision of state or local law (including, b
not limited to, the Bagley -Keene Act or the Brown Act), and subject t
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings vi
teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public
seeking to observe and to address the local legislative body or state
body. All requirements in both the Bagley -Keene Act and the Brown
Act expressly or impliedly requiring the physical presence of membe
e rs
thclerk or other pea rsonnel of the body, or of the public as con�_Iitio'
of participation in or quorum for a public meeting are hereby waivecl'l
In particular, any otherwise -applicable requirements that
(I) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
z
','iii) members of the public may address the body at eocr,
teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations,
I ,v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(vi) during teleconference meetings, a least a quorum of the
members of the local body participate from locations within
the boundaries of the territory over which the local body
exercises jurisdiction
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address the meeting telephonically or otherwise electronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body allow
members of the public to attend the meeting and offer public
comment. Such a body need not make available any physical
location from which members of the public may observe the meeting
and offer public comment.
Accessibility Requirements: If a local legislative body or state body
holds a meeting via teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise
electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving
requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans
with Disabilities Act and resolving any doubt whatsoever in
favor of accessibility, and
(ii) Advertise that procedure each time notice is given of the
means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.
Notice Requirements: Except to the extent this Order expressly provides
otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda
for, each public meeting according to the fimeframes
otherwise prescribed by the Bagley -Keene Act or the Brown
Act, and using the means otherwise prescribed by the
Bagley -Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is
otherwise given or the agenda for the meeting is otherwise
posted, also give notice of the means by which members of
the public may observe the meeting and offer public
comment. As to any instance in which there is a change in
such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time
of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of
such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available of the time" within the meaning of
Government Code, section 54954, subdivision (e); this shall
include, but need not be limited to, posting such means on
the body's Internet website.
All of the foregoing provisions concerning the conduct of public
meetings shall apply only during the period in which state or loco
public health officials have imposed or recommended social
distancing measures.
All state and local bodies are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible
to the provisions of the Bagley -Keene Act and the Brown Act, and
other applicable local laws regulating the conduct of public
meetings, in order to maximize transparency and provide the public
access to their meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
i.ubstantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
ALEX PADILLA
Secretary of State