HomeMy WebLinkAbout00. Agenda - CC - 07-14-20�f? 141011INWHIll
Special Meeting — 5:30 p.m
Regular Meeting — 6:30 p.m
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
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SEE SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY FOR
JULY 14, 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 June 23, 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 City Labor Negotiators: Assistant City
Manager John Oskoui and Human Resources Director James McQueen with Unrepresented
Employee: Police Chief.
ADJOURNMENT
CALL TO ORDER THE REGULAR CITY COUNCIL MEETING — 6:30 P.M.
ROLL CALL: Council Members Ashton, Rodriguez, Saab, Mayor Pro Tem Frometa, Mayor Pacheco
INVOCATION
FLAG SALUTE
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
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PRESENTATIONS
1. Proclamation in honor of "July is Parks Make Life Better Month".
2. Recognition to the City of Downey from the Office of the Secretary of National Defense.
PUBLIC HEARINGS
1. REQUEST FOR A ZONE CHANGE TO REZONE A PORTION OF A PROPERTY LOCATED AT
9432 TELEGRAPH ROAD FROM P-B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL):
Community Development.
INTRODUCE ORDINANCE NO. 20- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING A ZONE CHANGE DESIGNATION (PLN-19-00162)
FOR PROPERTY LOCATED AT 9432 TELEGRAPH ROAD, THEREBY CONVERTING THE
NORTH 42 FEET OF THE PROPERTY FROM P-B (PARKING BUFFER) TO C-2 (GENERAL
COMMERCIAL).
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 Meetings of June 9 and 23, 2020; Regular Meeting of May 26 and
June 9, 2020: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 344425 — 344934; A/P EFT numbers 10001 — 10027; Payroll
Wire Nos. 30004005 — 30004009 & 30004011 — 30004013; and, Manual Wire Nos. 2015 — 2019 in
the total amount of $6,544,867.65: Finance.
4. ACCEPT WORK FOR WOODRUFF AVE. WATER SYSTEM IMPROVEMENTS; APPROVE FINAL
CONSTRUCTION CONTRACT AMOUNT OF $1,856,616; AND, AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL
IMPROVEMENT PROJECT NO. 19-01): Public Works.
5. ACCEPT THE FIRE STATION 1 AND FIRE STATION 3 MODERNIZATION AND EXPANSION
PROJECT AS COMPLETE; APPROVE THE FINAL CONSTRUCTION CONTRACT AMOUNT OF
$10,744,504.81 WHICH INCLUDES THE COST OF ALL ISSUED CHANGE ORDERS TO THE
ORIGINAL CONSTRUCTION CONTRACT; AUTHORIZE THE ASSISTANT CITY MANAGER TO
ISSUE AND FILE THE PROJECT'S NOTICE OF COMPLETION; AND, AUTHORIZE
INCREASING THE PREVIOUSLY APPROVED BUDGETS FOR FIRE STATION 1 AND FIRE
STATION 3 MODERNIZATION AND EXPANSION PROJECTS (CAPITAL IMPROVEMENT
PROJECT NOS. 19-37-01 AND 19-37-03): Administration.
6. REJECT BID PROTESTS RECEIVED FROM KLASSIC ENGINEERING AND CONSTRUCTION,
INC. AND R.C. CONSTRUCTION SERVICES, INC.; AWARD A CONSTRUCTION CONTRACT, IN
THE AMOUNT OF $6,002,302.17 TO HOFFMAN MANAGEMENT & CONSTRUCTION
CORPORATION FOR THE FIRE STATIONS 2 AND 4 MODERNIZATION AND EXPANSION;
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 NOS. 19-37-02
AND 19-37-04): Administration.
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7. AWARD CONTRACT IN THE AMOUNT OF $2,018,005.80 TO SIALIC CONTRACTORS
CORPORATION, DBA SHAWNAN, FOR CONSTRUCTION OF FY 2019/20 RESIDENTIAL
STREETS PAVEMENT REHABILITATION PROJECT; AND, AUTHORIZE THE PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE
OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT
BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 20-03): Public Works.
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE IMPLEMENTATION OF THE ART
PLAZA AT THE SOUTHWEST CORNER OF DOWNEY AVE. AND 2ND ST.; AUTHORIZE THE
CITY MANAGER TO EXECUTE CONTRACT AGREEMENTS; AND, AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK AS DEEMED NECESSARY UP TO THE APPROVED
PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 21-10): Public Works.
9. ACCEPT WORK FOR MISCELLANEOUS SEWER SPOT REPAIRS AND MANHOLE
REHABILITATION; APPROVE FINAL CONSTRUCTION CONTRACT AMOUNT OF $92,395.42;
AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE
NOTICE OF COMPLETION (MISCELLANEOUS PROJECT NO. 324): Public Works.
10. ACCEPT WORK FOR PATTON RD. WATER MAIN IMPROVEMENTS; APPROVE FINAL
CONSTRUCTION CONTRACT AMOUNT OF $178,976; AND, AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
(MISCELLANEOUS PROJECT NO. 344): Public Works.
11. APPROVE AN OPERATING AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY ART VIBE TO OPERATE STAY GALLERY, IN AN AMOUNT NOT TO EXCEED
$75,000 FOR A TERM OF AUGUST 1, 2020 TO MAY 31, 2023; AUTHORIZE THE MAYOR TO
EXECUTE THE OPERATING AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO
EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT: Community Development.
12. APPROVE AGREEMENT WITH THE LOS ANGELES CONSERVATION CORPS IN THE
AMOUNT OF $12,540 FOR LITTER ABATEMENT SERVICES; AUTHORIZE THE MAYOR TO
EXECUTE THE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY
AMENDMENTS TO THE AGREEMENT DEEMED NECESSARY: Public Works.
13. APPROVE A SERVICE AGREEMENT BETWEEN MOTOROLA SOLUTIONS AND THE CITY OF
DOWNEY FOR MAINTENANCE, REPAIR AND SUPPORT OF 911 COMMUNICATION
INFRASTRUCTURE AND EQUIPMENT FROM JULY 1, 2020, TO JUNE 30, 2021: Fire.
14. APPROVE A SERVICE CONTRACT BETWEEN COMMLINE, INC. AND THE CITY OF DOWNEY
FOR MAINTENANCE AND REPAIR OF 911 COMMUNICATION INFRASTRUCTURE AND
EQUIPMENT FROM JULY 1, 2020, TO JUNE 30, 2021: Fire.
15. ADOPT ORDINANCE NO. 20- , AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DOWNEY PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 8634 AND DOWNEY CITY CHARTER SECTIONS 511 AND 514 ENACTING A
TEMPORARY EXTENSION OF THE VALIDITY OF PLANNING ENTITLEMENTS AND PERMITS
ISSUED BY THE COMMUNITY DEVELOPMENT DEPARTMENT AND EXTENDING THE TIME
FOR REVIEW AND ACTION ON DEVELOPMENT APPLICATIONS IN RESPONSE TO EFFECTS
OF THE COVID-19 PANDEMIC; AND, SETTING FORTH THE FACTS CONSTITUTING SUCH
URGENCY: Community Development.
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16. PLANNING COMMISSION MEETING RULES AND REGULATIONS: Community Development.
ADOPT RESOLUTION NO. 20- , A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DOWNEY UPDATING RULES AND REGULATIONS OF THE PLANNING
COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEY CITY CHARTER.
17. RECEIVE AND FILE THE FINDINGS OF AN ANNUAL DOWNTOWN PARKING ASSESSMENT
BY DIXON RESOURCES UNLIMITED: Community Development.
ADMINISTRATIVE REPORTS
18. REVIEW OF MEASURE S PROJECTS: Administration.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of Spc. Vincent Sebastian Ibarria, 21, San Antonio, TX who was
supporting Operation Freedom's Sentinel; Spc. Vanessa Guillen, 20, Houston, TX; Police Officer
Anthony Dia, 26, Toledo Ohio Police Department, killed in the line of duty; Beatrice Renteria, DUSD
teacher at Rio Hondo Elementary School; and, David Gafin, former Downey Mayor.
Supporting documents are available at: www.down evca.ora; 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 meetinq,.
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(c-Ddownevca.ora: 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 meetinq.
En cumplimiento con el Titulo VI de la Ley de Derechos Civiles, la Ciudad de Downey prohibe la discriminacion
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 int6rprete 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 comercial, 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 9th day of July, 2020. Maria Alicia Duarte, CVC, City Clerk
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SPECIAL NOTICE
Public Participation and Accessibility for the July 14, 2020 Downey Special and Regular City
Council Meetings
Pursuant to Paragraph 3 of Executive Order N-29-20, executed by the Governor of California on
March 17, 2020, and the County of Los Angeles Department of Public Health Order of the Health
Officer Revised Order issued June 11, 2020 as a response to mitigating the spread of Coronavirus
known as COVID-19 and providing direction for moving the County through Stage 3 of California's
Pandemic Resilience Roadmap, the Special and Regular City Council Meetings scheduled for
Tuesday, July 14, 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 public comment portion of the meetings via teleconference as
well as a limited number, 10, of in person attendees within the City Hall Council Chambers on a first
come, first serve basis.
Below are the ways to participate in the Special Meeting at 5:30 p.m.
1. Conference Phone (audio only): (562) 299-6570
Enter Access Code: 0002092 and press the # (pound) key
Public Comment shall be on Closed Session Items Only
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 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.
Below are the ways to participate in the Regular Meeting at 6:30 p.m.
1. Conference Phone (audio only):
Call Toll -Free: (877) 853-5247 or (888) 788-0099
Enter Meeting ID: 958 2581 0889 Enter Password: 871177
Members of the public wishing to address the City Council, during public comment 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.
Participants addressing the City Council by email are encouraged to provide the following
information:
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a) Full Name;
b) City of Residence;
c) Subject or Agenda Item No.;
d) Written Comments.
3. 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) Subject or Agenda Item No.;
d) Public Comment.
4. In Person Attendance at City Hall Council Chambers
Members of the public attending the City Council Meetings in person will be required to comply with the
City of Downey's Emergency Order No. 2 — Non -Contact Temperature Screening and Face Coverings
at City Facilities to help prevent the spread of COVID-19.
Prior to entering the building, attendees will be required to:
1) Participate in a non -contact temperature screening; and,
2) Wear a face covering at all times while inside city facilities.
Although public meetings will re -open for in person attendance, participants are encouraged to continue
accessing the City Council meetings by utilizing participation methods 1 — 3, listed above, as there will
be a limited number of attendees permitted, 10, in the building due to reduced seating capacity to
maintain social distancing standards.
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