HomeMy WebLinkAbout00. Agenda - CC - 10-13-2054i�*uUlll
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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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SEE ATTACHED SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY
FOR OCTOBER 13, 2020 SPECIAL AND REGULAR DOWNEY CITY COUNCIL MEETINGS
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 September 22, 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 negotiator James McQueen re: direction
for labor negotiations with Downey Police Management Association and Downey Police Officers'
Association.
2. Government Code Section 54956.95 — Liability Claim — Worker's Compensation Claim
Claimant: Maria Villegas — Claim No.: 19-141755; Workers Compensation Appeals Board Case No.:
ADJ1219838; Agency claimed against: City of Downey.
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
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INVOCATION
FLAG SALUTE
PRESENTATIONS
1. Mayor's Impact Award to Downey City Employees Maria Rivas, Juddy Montenegro, Vaniah De Rojas
and Rakdy Khlok.
2. Certificate of Appointment to Michael Murray, Independent Citizens Oversight Board, District 1.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
PUBLIC HEARINGS
1. CONSIDER AND APPROVE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT COVID-
19 RESIDENT AND BUSINESS ASSISTANCE PROGRAMS: Community Development.
2. ELECTRIC VEHICLE CHARGING SYSTEMS MUNICIPAL CODE AMENDMENT: Community
Development.
ADOPT ORDINANCE 20- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADDING SECTION 8986 ("ELECTRIC VEHICLE CHARGING SYSTEMS") TO
CHAPTER 11 (DOWNEY GREEN BUILDING STANDARDS CODE) OF ARTICLE VIII
("BUILDING REGULATIONS") OF THE DOWNEY MUNICIPAL CODE.
3. GRADING REGULATIONS AND MUNICIPAL CODE UPDATES: Community Development.
ADOPT ORDINANCE NO. 20- , AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING IN ITS ENTIRETY SECTION 8730 ("GRADING
REGULATIONS") OF ARTICLE VIII ("BUILDING REGULATIONS") OF CHAPTER 8
("FLOODPLAIN MANAGEMENT, GRADING AND PAVING") BY ADOPTING BY
REFERENCE THE 2019 CALIFORNIA BUILDING CODE APPENDIX J WITH LOCAL
AMENDMENTS; ADDING SECTION 8999.18 TO ARTICLE VIII ("BUILDING
REGULATIONS"), CHAPTER 13 ("DOWNEY RESIDENTIAL CODE") OF THE DOWNEY
MUNICIPAL CODE AMENDING SECTION R401.4 OF THE 2019 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE; AND ADDING SUBSECTION 8999.44.5 TO SECTION
8999.44 ("VIOLATIONS") OF ARTICLE VIII ("BUILDING REGULATIONS"), CHAPTER 14
("DOWNEY ADMINISTRATIVE BUILDING AND HOUSING CODE") OF THE DOWNEY
MUNICIPAL CODE.
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.
4. APPROVE MINUTES: Special and Regular Meetings of September 22, 2020: City Clerk.
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5. WARRANTS ISSUED: Warrant Nos. 346410 — 346984; EFT Nos. 10156 — 10190; Payroll Wire
Nos. 30004032, 30004036 — 30004039; and, Manual Wire Nos. 2058 — 2060, in the total amount of
$4,984,990.40: Finance.
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE SOLICITATION FOR
CONSTRUCTION BIDS FOR TELEGRAPH RD. TRAFFIC THROUGHPUT AND SAFETY
ENHANCEMENTS, (PHASE 2); AND, AUTHORIZE PROCUREMENT OF CITY -FURNISHED
MATERIALS FOR THIS PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 16-05): Public
Works.
7. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE
GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS IN THE AMOUNT OF
$329,635.10 FOR ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HWY.;
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STEARNS, CONRAD AND
SCHMIDT CONSULTING ENGINEERS IN THE AMOUNT OF $29,500 FOR OVERSIGHT OF
ENVIRONMENTAL REMEDIATION SERVICES; AUTHORIZE THE MAYOR TO EXECUTE THE
AGREEMENTS; AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AMENDMENTS; AND,
APPROPRIATE $100,000 FROM THE WATER FUND TO COVER THE ENVIRONMENTAL
REMEDIATION SERVICES (CAPITAL IMPROVEMENT PROJECT NO. 17-01): Public Works.
8. AWARD A CONTRACT TO LEGEND PUMP AND WELL SERVICE, INC. IN THE AMOUNT OF
$68,363 FOR WELL NO. 12 MOTOR AND COLUMN PIPE REHABILITATION; AND, AUTHORIZE
THE PUBLIC WORKS DIRECTORICITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET (MISCELLANEOUS PROJECT NO. 340): Public Works.
9. APPROVE A PROFESSIONAL SERVICES AGREEMENT TO DESIGN, FABRICATE AND
INSTALL PUBLIC ART IN THE FUTURE RENOVATED DOWNEY THEATRE PLAZA WITH J.K.
DESIGNS, INC. (DBA: THE NATIONAL SCULPTOR'S GUILD); AND, AUTHORIZE THE CITY
MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Community Development.
10. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK IN THE AMOUNT OF
$26,333 FOR PREPARATION OF STREET TREE MASTER PLAN; AUTHORIZE THE MAYOR
TO EXECUTE AGREEMENT; AND, AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND
ALL AMENDMENTS AS DEEMED NECESSARY: Public Works.
11. ADOPT RESOLUTION 20- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY ADOPTING THE SIDE LETTER AGREEMENT TO THE 2020-2022 MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIRE
MANAGEMENT ASSOCIATION: Human Resources.
12. APPROVE A DOWNTOWN DOWNEY PARKLET GRANT PROGRAM TO ALLOW
RESTAURANTS TO ALTER EXISTING PARKLETS, AND CONSTRUCT NEW PARKLETS, IF
NECESSARY, IN PUBLIC ON -STREET PARKING AREAS ALLOWING THEM TO SERVE
CUSTOMERS OUTDOORS: Community Development.
13. AUTHORIZE THE DONATION OF ONE DECOMMISSIONED 2006 AMBULANCE TO
ENSENADA, MEXICO AND ANOTHER DECOMMISSIONED 2008 AMBULANCE TO THE RIO
HONDO FIRE ACADEMY, OPERATING IN SANTA FE SPRINGS, CA: Fire.
14. APPROVE THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF CLUB
FOR THE ROTARY CLUB OF DOWNEY CHARITY TOURNAMENT TO BENEFIT THE ARC ON
NOVEMBER 6, 2020: Council Member Saab.
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ADMINISTRATIVE REPORTS: None.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of U.S. Forest Service Firefighter, Charles Morton, 39, killed in the line of
duty; Officer Jacob Hancher, Myrtle Beach Police, killed in the line of duty; the lives lost due to COVID-
19; and, Marc Shelton Sr., longtime Downey resident and business owner.
Supporting documents are available at: www.downeyca.org; 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 ADACoordinator@downe cy a.org: 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 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 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 comercial, 48 horas antes de la reunion.
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 8t" day of October, 2020. Varia Alicia Duarte, CVC, Cii�ij Clerk
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Scan QR Code to view the City of Downey City Accomplishments 2019-2020
y
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SPECIAL NOTICE
Public Participation and Accessibility for the October 13, 2020 Downey 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, October 13, 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. Call Toll -Free (audio): (877) 853-5247 or (888) 788-0099
Enter Meeting ID: 922 1876 8094 Enter Password: 116242
Public Comment shall be on Closed Session Items Only
2. E-mail: ccpubliccomment@downeyca.org
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. View the City Council meeting live stream at:
YouTube Channel: https://www.youtube.com/c/DowneyCityCouncil Meetings
2. Call Toll -Free (audio): (877) 853-5247 or (888) 788-0099
Enter Meeting ID: 953 7713 6703 Enter Password: 463057
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:
3. E-mail: ccpubliccommentwneyca.org
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.
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) Subject or Agenda Item No.;
d) Public Comment.
5. 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 the participation methods 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
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA I
WHEREAS on March 4, 20M 1 proclaimed a State of Emergency to exist
California as a result of the threat of COVI D- 19; and i
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 redeterminafions 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 hea�lfh needs may
prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for
Immigrants, California Food Assistance Program, and In Home Supportive
Services beneficiaries from obtaining in -person eligibility redetermihations,- 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 Stdfe 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:
IT IS HEREBY ORDERED THAT:
1 As to individuals currently eligible for benefits under edi-Cal, CalFresh,
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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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
et seq. shall not be counted for purposes of the 48-month 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, but
not limited to, the Bagley -Keene Act or the Brown Act), and subject to
the notice and accessibility requirements set forth below, a local
legislative body or state body is authorized to hold public meetings via
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 members,
the clerk or other personnel of the body, or of the public as a condition
of participation in or quorum for a public meeting are hereby waived.
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;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
I teleconference conference location;
(iv) state and local bodies post agendas at all teleconference
locations,
(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
A local legislative body or state body that holds a meeting via
teleconferencing and allows members of the public to observe and
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
(H) 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 at 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 local
public health officials have imposed or recommended social
distancing measures.
--All stag and local bodies are urged to use sound discretion and
to male reasonable efforts to adhere as closely as reasonably passible'
to the provisions of the Bagley -Keene Act and the gown 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 E 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,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESSWHEREOF I have
hereunto set my hand and caused
the Great Sea] of the State of
California to be affixed this I 7fh day
of Marc2020.
ALE _PADILLA
Secretary of Mate