FEBRUARY 23, 2021 Scan QR Code to view Agenda Packet CITY COUNCIL MEETING CITY COUNCIL REVISED AGENDA MAYOR CLAUDIA M. FROMETA Special Meeting – 5:30 p.m. MAYOR PRO TEM Regular Meeting – 6:30 p.m. BLANCA PACHECO Council Chambers COUNCIL MEMBERS 11111 Brookshire Avenue MARIO TRUJILLO

PARTICIPATING BY TELECONFERENCE:

COUNCIL MEMBERS CATHERINE ALVAREZ SEAN ASHTON

SEE ATTACHED SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AND ACCESSIBILITY FOR THE FEBRUARY 23, 2021 SPECIAL AND REGULAR DOWNEY CITY COUNCIL MEETINGS

CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING – 5:30 P.M.

ROLL CALL: Council Members Alvarez, Ashton, Trujillo, Mayor Pro Tem Pacheco, Mayor Frometa

APPROVE CLOSED SESSION MINUTES: Special Meeting of February 9, 2021: 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 54956.9(d)(1) – Conference with Legal Counsel-Pending Litigation: Torrecillas vs. City of Downey, et al., Los Angeles Superior Court, Case No. 19STCV40416.

2. Government Code Section 54957.6 - Conference with labor negotiators John Oskoui and James McQueen re: direction for labor negotiations with Downey City Employees’ Association – Miscellaneous Unit.

3. Government Code Section 54957.6 - Conference with labor negotiators John Oskoui and James McQueen re: direction for labor negotiations with Downey City Employees’ Association – Maintenance Unit.

1 4. Government Code Section 54957.6 - Conference with labor negotiators John Oskoui and James McQueen re: direction for labor negotiations with Downey Public Safety Auxiliary Association.

ADJOURNMENT

CALL TO ORDER THE REGULAR CITY COUNCIL MEETING – 6:30 P.M.

ROLL CALL: Council Members Alvarez, Ashton, Trujillo, Mayor Pro Tem Pacheco, Mayor Frometa

INVOCATION: Sam Jebananthan

FLAG SALUTE: City Manager Livas

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS

PRESENTATIONS

1. Mayor’s Legacy Award to Dr. Mary R. Stauffer.

2. Mayor’s Champion Award to Darrell Jackson, President of the 10-20 Club.

3. Presentation to the City Council regarding an update on SB 1383 – Organic Recycling by the League of California Cities.

PUBLIC HEARINGS

1. RECEIVE PUBLIC COMMENT ON THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS FOR FISCAL YEAR 2021-22: Community Development.

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 Meeting of February 9, 2021; Regular Meetings of October 13, 2020 and January 26, 2021: City Clerk.

3. WARRANTS ISSUED: Warrant Nos. 349485 – 349781; EFT Nos. 10431 – 10461; Payroll Wire Nos. 30004072, 30004078 & 30004083 – 30004085; Manual Wire Nos. 2102 – 2104, the total amount of $3,586,056.63: Finance.

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4. APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOWNEY UNIFIED SCHOOL DISTRICT AND THE CITY OF DOWNEY FOR THE AFTER SCHOOL PROGRAM FOR INFORMATION RECREATION AND EDUCATION PROGRAM "ASPIRE" FOR THE TERM OF JULY 1, 2020 - JUNE 30, 2021: Parks & Recreation.

5. APPOINTMENT TO THE PERSONNEL ADVISORY BOARD, DISTRICT 5: Council Member Trujillo.

ADOPT RESOLUTION NO. 21-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF TEADY OCHOA TO THE PERSONNEL ADVISORY BOARD FOR COUNCIL DISTRICT 5.

6. ADOPT RESOLUTION NO. 21-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT: Finance.

7. APPROVE THE APPOINTMENT OF ONE (1) APPLICANT TO THE 2020-2021 DOWNEY YOUTH COMMISSION TO FILL A CURRENT VACANCY: Administration.

8. RECEIVE AND FILE THE 2020 GENERAL PLAN ANNUAL PROGRESS REPORT: Community Development.

ADMINISTRATIVE REPORT: None.

STAFF MEMBER COMMENTS

ADJOURNMENT: In memory of FBI Agents Daniel Alfin and Laura Schwartzenberger killed in the line of duty; Deputy Pedro Romo and Sargent Armando Meneses, 25 year Veterans of the Los Angeles County Sheriff’s Department, who died of Covid-19 related complications; Dr. Mary Stauffer, long time Downey resident, medical pioneer, and philanthropist; and, all the lives lost due to COVID-19.

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 [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.

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.

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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 18th day of February, 2021. Maria Alicia Duarte, CMC, City Clerk

Scan QR Code to view the City of Downey City Accomplishments 2019-2020

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SPECIAL NOTICE

Public Participation and Accessibility for the February 23, 2021, 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, the County of Los Angeles Department of Public Health Officer Order January 29, 2021 – Reopening Safer at Work and in the Community for Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response, the Special and Regular City Council Meetings scheduled for Tuesday, February 23, 2021 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 meeting via teleconference.

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

Meeting ID: 932 3118 6861 Passcode: 189148

Zoom link: https://zoom.us/j/93231186861?pwd=Q1VacUZ2WVhOMGlhcnUxTUFyR2wvZz09

Public Comment shall be on Closed Session Items only.

2. E-mail: [email protected]

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/DowneyCityCouncilMeetings

2. Join the meeting via Zoom:

Meeting ID: 925 0192 7430 Passcode: 388094

Zoom link: https://zoom.us/j/92501927430?pwd=OG13MkV5Qnh0c2tRKzNEQ0RpeHRhQT09

Call Toll-Free (audio only): (877) 853-5247 or (888) 788-0099

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.

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3. E-mail: [email protected]

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:

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.

For any questions contact the City Clerk’s Office at (562) 904-7280.

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MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL MEETING FEBRUARY 9, 2021

The City Council of the City of Downey held a Special City Council Meeting on February 9, 2021, at 5:40 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Frometa presiding.

PRESENT: Council Members:

Claudia M. Frometa Mayor Blanca Pacheco Mayor Pro Tem Catherine Alvarez Council Member (teleconference) Sean Ashton Council Member (teleconference) Mario Trujillo Council Member

ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Alicia Duarte, CMC, City Clerk

APPROVED CLOSED SESSION MINUTES

It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Ashton and carried 4- 1, with Council Member Alvarez abstaining to approve the Closed Session Minutes of January 26, 2021.

PUBLIC COMMENT ON CLOSED SESSION AGENDA ITEMS

Mayor Frometa asked City Clerk Duarte if any written comments were received regarding Closed Session Items. Mayor Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Closed Session items.

Having none, Mayor Frometa closed public comment.

RECESSED TO CLOSED SESSION

Mayor Frometa announced the City Council is recessing to Closed Session at 5:42 p.m. to discuss matters under the authority of the following sections of the Government Code:

1. Government Code Section 54956.9(d)(1) – Pending Litigation – City of Downey v. General Reinsurance Corporation, U.S. District Court, Central District of California, Case No. 2:19-cv- 07707-CAS-FFM.

RECONVENED SPECIAL CITY COUNCIL MEETING

Mayor Frometa reconvened the Special City Council meeting at 6:37 p.m. with all Council Members present.

City Attorney Abich Garcia reported the closed session report as follows: In regards to Item No. 1, the City Council approved the terms of a settlement and directed its legal counsel to return with a final settlement agreement for City Council approval at a future meeting.

City Council Minutes Special Meeting – February 9, 2021 1

ADJOURNMENT

Mayor Frometa adjourned the Special City Council meeting at 6:37 p.m.

MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA City Clerk Mayor

City Council Minutes Special Meeting – February 9, 2021 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING OCTOBER 13, 2020

The City Council of the City of Downey held a Regular City Council Meeting on October 13, 2020, at 6:38 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, with Mayor Pacheco presiding.

PRESENT: Council Members:

Blanca Pacheco Mayor Claudia M. Frometa Mayor Pro Tem Sean Ashton Council Member (teleconference) Rick Rodriguez Council Member Alex Saab Council Member

ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Vaniah De Rojas, Assistant to the City Manager Dean Milligan, Chief of Police Mark Gillaspie, Fire Chief Aldo E. Schindler, Community Development Director Anil Gandhy, Finance Director Delfino Consunji, Public Works Director James McQueen, Human Resources Director Jason Chacon, Recreation Manager Alicia Duarte, CMC, City Clerk

The Invocation was delivered by Mayor Pro Tem Frometa. The Pledge of Allegiance was led by Downey Emergency Manager Rakdy Khlok.

PRESENTATIONS

1. Mayor Pacheco with the assistance from City Manager Livas presented the Mayor’s Impact Award to Downey City Employees Maria Rivas, Juddy Montenegro, Vaniah De Rojas and Rakdy Khlok.

2. Mayor Pacheco presented a Certificate of Appointment to Michael Murray, Independent Citizens Oversight Board, District 1.

3. Presentation to the City of Downey from Efrain Kantel of Ensenada, Mexico City Hall and Downey Sister Cities.

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS

Council Member Saab welcomed the audience to the meeting. He acknowledged Michael Calvert, Jeannie Wood and Nolveris Frometa in the audience. He mentioned the advances made to decrease the number of COVID-19 cases and encouraged the public to continue to follow safe health practices. He invited the audience to visit the new art pieces on Downey Ave. and the Downey Theatre Plaza. He thanked City Manager Livas and Recreation Manager Jason Chacon for the successful installation of the art pieces. He requested staff install a marquee sign at the Columbia Memorial Space Center.

City Council Minutes Regular Meeting – October 13, 2020 1 Mayor Pro Tem Frometa welcomed the audience participating in person and virtually to the meeting. She thanked City Manager Livas, Directors and staff for their diligence to ensure the City continues to provide services to the community during the pandemic. She stated the State has projected 482 cities will face a $6.7 billion decrease in their local budgets over the next two years. The City of Downey continues to be diligent in ensuring the services to residents continue uninterrupted. She mentioned residents’ concerns regarding the City continuing to provide street maintenance services and stated through the City’s Pavement Management System over 21 miles of streets were repaved last year. She stated the City has spent over $60 million in infrastructure projects and improvements and the Measure S Projects are being completed. She reported attending the I-5 Consortium Cities Joint Powers Authority meeting and learning of the potential release of a preliminary draft Environmental Impact Statement by Metro. The statement contains new information that identifies substantial impacts to the City of Downey. She stated as the Vice-Chair of the Policy Board she would like to ensure the release of the statement is halted and another study be conducted to ensure accuracy. She confirmed the City acknowledges the importance of the expansions of the I-5 and I-605 freeways and is committed to promoting progress without impacting its residents. She invited the residents to submit their concerns to the Council and the Council will ensure those concerns are addressed. She requested staff address illegal dumping of furniture in the City and monitor the parks for illegal activities, as well as ensure proper lighting.

Council Member Rodriguez welcomed the audience to the meeting. He reported participating in the Downey Care Collaborative and assist Clergy Council meetings. He stated the churches and community organizations are continuing to assist the foster children in the community with distance learning and feeding residents in need.

Council Member Ashton welcomed the audience to the meeting. He commented regarding the County of Los Angeles reducing the number of Vote Centers within the City of Downey. He encouraged residents to vote early and provided the Vote-By-Mail Drop Box and Vote Center locations. He announced Metro partnered with the County of Los Angeles to offer mobile Vote Centers. The mobile Vote Centers will be located at the Metro Station on Lakewood Blvd. He requested staff work with CalMet to provide free bulky item pick up for residents in apartment buildings.

Mayor Pacheco welcomed the audience participating in the meeting. She reported attending the groundbreaking ceremony for Food H.E.L.P.S. and mentioned Food H.E.L.P.S provides food to the school families in need. She reported participating in the League of California Cities Conference where she was installed on the League’s State Board. She reported serving as the moderator for the All Cities District Attorney Forum which was held in partnership with Contract Cities. She reminded the audience to vote and shared the Vote Center locations in Downey. She asked staff to address speeding on Brookshire Ave. between Imperial Hwy. and Gardendale Ave. after 8:00 p.m.

PUBLIC HEARINGS

1. CONSIDERED AND APPROVED FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT COVID-19 RESIDENT AND BUSINESS ASSISTANCE PROGRAMS: Community Development.

Mayor Pacheco opened the Public Hearing at 7:23 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa, and carried 5-0 to receive and file.

Director Schindler presented the staff report for Item No. 1. He provided an overview regarding the Community Development Block Grant Coronavirus Aid, Relief, and Economic Security Act (CARES) approved by the U.S. Congress and signed by the President into law authorizing $2.2 trillion in a variety of stimulus measures to prevent, prepare for, and respond to the COVID-19 pandemic. He stated included in the CARES Act is a special allocation of the Community Development Block Grant Program, of which, the City will receive $1,558,902 in funding. Funding of activities are required to be incorporated into the 2020-2021 Annual Action Plan in a format required for approval by the U.S. Department of Housing and Urban Development. He stated the activities are to meet one of the three City Council Minutes Regular Meeting – October 13, 2020 2 national objectives to benefit low- and moderate-income residents; aid in the prevention or elimination of slums or blight; and, address an urgent unforeseen emergency. Staff has developed program guidelines and identified non-profit organizations to assist with the implementation of the proposed programs.

Director Schindler provided an overview of the service clubs recommended to receive funding and the proposed programs providing public services to low- and moderate-income residents; COVID- 19 Emergency Rental Assistance Programs Phase I and II; and, Small Business and Microenterprise Assistance Program. He concluded his presentation by asking the City Council to consider and approve the Draft Substantial Amendment to the 2020-2021 Federal Community Development Block Grant Annual Action Plan for use of Community Development Block Grant CARES Act Funds.

Mayor Pro Tem Frometa asked if there is a waiting list for the Rental Assistance Program. Director Schindler stated a waiting list does exist and staff is currently assessing the applicants’ eligibility.

Mayor Pacheco inquired how many applicants are on the waiting list. Director Schindler stated 80 applicants are on the waiting list and if the proposed amendments to the 2020-2021 Federal Community Development Block Grant Annual Action Plan are approved tonight the program would open tomorrow with the additional funding. He commented regarding the marketing and outreach, including social media platforms, that staff is prepared to routinely conduct.

Mayor Pro Tem Frometa inquired about the length of time it takes for the process prior to receiving funding. Director Schindler stated the time varies depending on the how quickly the applicants submit the required documents. The best case scenario is two weeks and worst case would be up to a month.

Mayor Pacheco opened the item for public comment at 7:31 p.m.

Armando Herman, resident, commented regarding homelessness, COVID-19 CARES Act special allocation of the Community Development Block Grant Program, and Americans with Disability Act.

Mike Greenspan, non-resident, commented regarding homelessness and the Meals on Wheels Program for seniors.

Mayor Pacheco asked if there were any written comments received regarding the Public Hearing item. City Clerk Duarte noted there was no correspondence received.

Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment regarding the Public Hearing item.

Rodolfo Cortes Barragan, non-resident, commented regarding allocations of program funding, and public comments.

Having no one else, Mayor Pacheco closed the Public Hearing at 7:42 p.m.

It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa, and carried 5-0 to consider and approve Federal Community Development Block Grant Covid-19 Resident and Business Assistance Programs.

2. ELECTRIC VEHICLE CHARGING SYSTEMS MUNICIPAL CODE AMENDMENT: Community Development.

ADOPTED ORDINANCE 20-1453, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8986 (“ELECTRIC VEHICLE CHARGING SYSTEMS”) TO City Council Minutes Regular Meeting – October 13, 2020 3 CHAPTER 11 (DOWNEY GREEN BUILDING STANDARDS CODE) OF ARTICLE VIII (“BUILDING REGULATIONS”) OF THE DOWNEY MUNICIPAL CODE

Mayor Pacheco opened the Public Hearing at 7:44 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa, and carried 5-0 to receive and file.

Building Official Richard Hicks presented the staff report for Item No. 2. He provided an overview of electric vehicle charging stations which deliver electricity from a source outside an electric vehicle into a plug-in vehicle and the various residential and commercial charging stations. He stated Assembly Bill 1236 requires the City to establish a checklist and process for electronic submittal of permit application and confirmed the majority of the procedures are currently in place and comply with the requirement of the Assembly Bill.

Mayor Pacheco opened the item for public comment at 7:50 p.m.

Armando Herman, resident, commented regarding electronic vehicle charging systems complying with Downey’s Green Building Standards Code, tax breaks for businesses installing the stations and political figures.

Mayor Pacheco asked if any written comments were received regarding the Public Hearing item. City Clerk Duarte noted there was no correspondence received.

Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment regarding the Public Hearing item.

Having none, Mayor Pacheco closed the public hearing at 7:51 p.m.

RECESS/RECONVENE

Mayor Pacheco recessed the City Council meeting at 7:52 p.m. Mayor Pacheco reconvened the City Council meeting at 8:05 p.m. with all Council Members present.

It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa, and carried 5-0 to adopt 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.

ADOPTED ORDINANCE NO. 20-1454, 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

Mayor Pacheco opened the Public Hearing at 8:09 p.m. City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa, and carried 5-0 to receive and file. City Council Minutes Regular Meeting – October 13, 2020 4

Building Official Richard Hicks presented the staff report for Item No. 3. He provided an overview of the grading regulations and stated the regulations have not been updated since July 14, 1998 and some reference codes no longer exist. He stated the most significant amendment is the elimination of the paving standards. However, no changes are needed for the technical requirements of Appendix J. He provided an overview of the Residential Code Amendment clarifying both accessory dwelling units and additions to single-family residences will not require soil reports and would provide a cost savings of $800 to $6,000 to the owner. He added the Administrative Building and Housing Code Amendment provides a definition of unpermitted structures and systems, specifies that no person shall own, use, occupy, or maintain an unpermitted structure and clarifies that expired permits are not legal until the permits have been finalized.

Council Member Saab asked what payments were being eliminated. Building Official Hicks stated the amendments are eliminating outdated standards related to concrete and asphalt and no payments are being eliminated.

Mayor Pro Tem Frometa asked how residents would be notified of the potential savings. Building Official Hicks stated the highest savings would stem from the elimination of soil reports for accessory dwelling units and additions to single-family residences which are normally requested during the plan check process and this is when the applicant would be notified of the savings. The information is also on the City’s website. Director Schindler stated staff will also post the information on social media platforms, reach out to contractors that have submitted permits and will communicate the costs savings to all future applicants.

Mayor Pacheco opened the item for public comment at 8:09 p.m.

Armando Herman, resident, commented regarding the amendments to the Residential Code; slurry seal and street improvements; Grading Regulations; preventing sidewalk and streets from flooding; and, Americans with Disability Act.

Mayor Pacheco asked City Clerk Duarte if any written comments were received regarding the Public Hearing item. City Clerk Duarte noted there was no correspondence received.

Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment regarding the Public Hearing item.

Having none, Mayor Pacheco closed the Public Hearing at 8:17 p.m.

It was moved by Council Member Saab, seconded Mayor Pro Tem Frometa, and carried 5-0 to adopt 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

Mayor Pacheco asked City Clerk Duarte if any written comments were received regarding Non- Agenda items. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Non-Agenda items.

Resident, no name provided, thanked the Council for renovating Apollo Park. She commented regarding parking issues, homeless utilizing the new gazebos at the park and urinating in public. She City Council Minutes Regular Meeting – October 13, 2020 5 requested additional patrolling and lighting at Apollo Park. She requested the installation of a sign identifying Apollo Park and a fence with a lock on Leeds St. near Smallwood Ave. She requested the sidewalks be maintained near the Jack in the Box and U.S. Post Office.

Mayor Pro Tem Frometa thanked the speaker for her comments and stated the City is aware of the issues that she mentioned. She stated she has requested additional patrolling of Apollo Park due to the illicit activity mentioned.

Mike Greenspan, non-resident, commented regarding natural disasters and man-made disaster created by UCLA football, against defunding the Police Department, in support of defunding UCLA football budget and reallocating the funding to assist the homeless, and COVID-19 safety protocols.

Tallis, resident, commented regarding the traffic and illegal parking on Leeds St. and Smallwood Ave.; homelessness and illegal activities at the gazebos at Apollo Park; littering near Jack in the Box and the U.S. Post Office; and, additional lighting in the parking lot at Apollo Park.

City Manager Livas thanked the residents for their comments. He stated additional patrols are being conducted at Apollo Park, staff will contact Jack in the Box and the U.S. Post Office to discuss littering outside their facilities.

Jeannie Wood, resident, thanked the Mayor and Council for their leadership and continuing to move Downey forward and stated Downey is a great City. She commented regarding volunteering during the pandemic.

Brian Heyman, resident, commented regarding accommodations for public speakers during the City Council Meetings, alternate venues to host Council meetings to allow more capacity for attendees, and the efficiency of technology methods.

Alexandria Contreras, resident, commented in opposition of the expansion of the I-605 and I-5 freeways and the negative impact the expansion will impose on the community.

Mayor Pacheco stated the City is not in favor of relocating residents from their homes.

Mayor Pro Tem Frometa stated as the Joint Powers Alliance I-5 Policy Board is comprised of several cities and as Vice-Chair of the Joint Powers Alliance I-5 Policy Board her position is to support transportation progress. As a leader in the community and as a City, the City of Downey will continue to advocate for the protection of any adverse impact to our residents.

Joey Martinez, resident, commented regarding privatizing water, political figures, voter guides, and the City’s accomplishments.

Armando Herman, resident, commented regarding the audio and video technology, censorship of free speech, political figures, homelessness, support for Veterans and the Presidential debates.

Having no one else, Mayor Pacheco closed Non-Agenda public comment.

CONSENT CALENDAR

Mayor Pacheco asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Consent Calendar items.

Armando Herman, resident, commented regarding First Amendment Rights, Item Nos. 9 and 12, and political figures.

Mike Greenspan, non-resident, commented regarding Item Nos. 9, 11 and 14. City Council Minutes Regular Meeting – October 13, 2020 6

Having no one else, Mayor Pacheco closed public comment.

Mayor Pacheco abstained from Item No. 12 due to the close proximity to her place of business.

It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa and carried 5-0 to approve the remainder of the Consent Calendar with Mayor Pro Tem Pacheco abstaining from Item No. 12.

4. APPROVED MINUTES: Special and Regular Meetings of September 22, 2020: City Clerk.

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. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR CONSTRUCTION BIDS FOR TELEGRAPH RD. TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS, (PHASE 2); AND, AUTHORIZED PROCUREMENT OF CITY-FURNISHED MATERIALS FOR THIS PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 16-05): Public Works.

7. APPROVED 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.; APPROVED PROFESSIONAL SERVICES AGREEMENT WITH STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS IN THE AMOUNT OF $29,500 FOR OVERSIGHT OF ENVIRONMENTAL REMEDIATION SERVICES; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENTS; AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AMENDMENTS; AND, APPROPRIATED $100,000 FROM THE WATER FUND TO COVER THE ENVIRONMENTAL REMEDIATION SERVICES (CAPITAL IMPROVEMENT PROJECT NO. 17-01): Public Works.

8. AWARDED 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, AUTHORIZED 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 (MISCELLANEOUS PROJECT NO. 340): Public Works.

9. APPROVED 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, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS: Community Development.

10. APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK IN THE AMOUNT OF $26,333 FOR PREPARATION OF STREET TREE MASTER PLAN; AUTHORIZED THE MAYOR TO EXECUTE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS AS DEEMED NECESSARY: Public Works.

11. ADOPTED RESOLUTION 20-7970, 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. APPROVED 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. City Council Minutes Regular Meeting – October 13, 2020 7

13. AUTHORIZED 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. APPROVED 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.

ADMINISTRATIVE REPORTS: None.

STAFF MEMBER COMMENTS: None.

ADJOURNMENT

Mayor Pacheco adjourned the Regular City Council meeting at 9:03 p.m. 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; Marc Shelton Sr., longtime Downey resident and business owner; and, the lives lost due to COVID-19.

MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA City Clerk Mayor

City Council Minutes Regular Meeting – October 13, 2020 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING JANUARY 26, 2021

The City Council of the City of Downey held a Regular City Council Meeting on January 26, 2021, at 6:32 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding.

PRESENT: Council Members:

Claudia M. Frometa Mayor Blanca Pacheco Mayor Pro Tem Catherine Alvarez Council Member (teleconference) Sean Ashton Council Member (teleconference) Mario Trujillo Council Member (teleconference)

ALSO PRESENT: Gilbert Livas, City Manager John Oskoui, Assistant City Manager Yvette M. Abich Garcia, City Attorney Dean Milligan, Chief of Police Aldo E. Schindler, Community Development Director Anil Gandhy, Finance Director Delfino Consunji, Public Works Director Alicia Duarte, CMC, City Clerk

The Invocation was delivered by Pastor Jason Neville, Praise Chapel Downey. The Pledge of Allegiance was led by Mayor Pro Tem Pacheco.

PRESENTATIONS

1. Mayor Frometa presented the Mayor’s Legacy Award to John A. Garcia, Jr., Ph.D., Downey Unified School District’s Superintendent.

RECESS/RECONVENE

Mayor Frometa recessed the City Council meeting at 6:44 p.m. Mayor Frometa reconvened the City Council meeting at 6:54 p.m. with all Council Members present.

2. Mayor Frometa presented the Mayor’s Champion Award to Hector Sosa.

3. City of Downey Emergency Manager Rakdy Khlok presented an update regarding COVID-19.

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; CONFERENCE/MEETING REPORTS

Mayor Pro Tem Pacheco welcomed members of the public participating in the virtual meeting. She reported attending the drive-through food giveaway in partnership with the L.A. Regional Food Bank and Supervisor Janice Hahn. She thanked Supervisor Hahn for her partnership in providing food and essential items to over 2,000 families. She commented regarding the Presidential Inauguration and President Joe Biden’s message of unity and civility. She is looking forward to 2021 with the vaccines being provided to the members of the community 65 and older. She commented regarding the technical issues the County is having with their online appointment system and is working to correct and asked

City Council Minutes Regular Meeting – January 26, 2021 1 the community to be patient. She announced an upcoming virtual Human Trafficking Conference and invited the community to participate.

Council Member Alvarez welcomed members of the public participating in the virtual meeting. She mentioned meeting with community members over the past few weeks to discuss the economic challenges the families have encountered during the pandemic. She encouraged constituents to contact their Council Members to express their need for rent relief, higher wages, reform and accountability. She requested a presentation regarding housing protection programs and rent control in the City. She requested staff upload the County’s landlord notification template to the City’s website for residential tenants.

City Manager Livas stated a discussion item regarding rent control will be placed on the agenda for the next City Council meeting for Council discussion and to provide staff direction on this matter.

Council Member Trujillo welcomed members of the public participating in the virtual meeting. He concurred with the sentiment expressed by his colleague Council Member Alvarez. He stated the first priority of the City Council should be to ensure the residents are protected; and, have food and shelter. He encouraged residents in need to contact him so he may provide them with information regarding available resources. He mentioned receiving complaints from residents regarding illegal racing and he ensured residents their complaints have not gone unnoticed and the Downey Police Department has been responding. He thanked Chief Milligan and the Police Department for their due diligence.

Council Member Ashton welcomed members of the public participating in the virtual meeting. He requested staff contact Southern California Edison to repair the asphalt on Paramount Blvd. south of Firestone Ave. He concurred with his Council colleagues regarding providing housing protection for residents. He encouraged residents to provide recommendation to the City Council so they may better protect residents during this pandemic.

Mayor Frometa welcomed members of the public participating in the virtual meeting. She stated the City understands the financial hardship and the impact of COVID-19 on the community and across the world. She agreed with her Council colleagues and added the City will continue to identify resources available to assist its residents. She thanked Chief Milligan and the Police Department for being vigilant to enforce the City’s speed limits. She thanked Director Schindler for meeting with Stonewood Mall’s management to provide additional security patrolling in that area. She requested additional patrols to monitor speeding on Downey Ave between Florence Ave. and Gallatin Rd.; Downey Ave. between Stewart and Grey Rd. and Gardendale St.; on Stewart and Grey Rd. between Rives Ave. & Old River School Rd. She reported attending the drive-through food giveaway in partnership with the L.A. Regional Food Bank and Supervisor Janice Hahn and she thanked Supervisor Hahn for her partnership to provide food to over 2,000 families. She announced the next drive-through food giveaway will be in partnership with Assembly Member Cristina Garcia and the L.A. Regional Food Bank. She mentioned Downey was chosen to participate in Supervisor Hahn’s Restaurant Voucher Program which is a $25,000 grant to purchase gift cards from small family owned local restaurants to benefit Downey families registered with the Downey TLC Family Resource Center. She requested Social Media posts regarding the City’s efforts and assistance programs provided to residents to alleviate hardships due to COVID-19.

PUBLIC HEARINGS: None.

NON-AGENDA PUBLIC COMMENT

Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Non-Agenda items. Mayor Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Non-Agenda items.

Edna Mendoza, resident, congratulated the incoming Council Members. City Council Minutes Regular Meeting – January 26, 2021 2

Philip Lee Squire, resident, commented regarding the Civil Rights movement.

Wayne Spindler, non-resident commented regarding public participation.

David Gonzalez, resident, congratulated Hector Sosa on receiving the Mayor’s Champion Award.

Vijay Patel, resident, thanked the City Council and staff for continuing services for the community during the pandemic. He commented regarding rent control, rent forgiveness and the proper governmental jurisdiction to best address the issues.

Armando Herman, non-resident, commented regarding political figures, homeland security, Brown Act violations and closed captioning on YouTube.

Carlos Aranibar, resident, commented regarding support of a Preferential Parking District on Newville Ave., providing resources to support residents during the pandemic, rent control, new developments to extend vaccine sites in the City, and elected officials.

Jorge Flores, resident, commented regarding the Tenants Union of Downey; community health issues due to COVID; unemployment; distribution of funding from Los Angeles County to the Downey residents to assist with COVID hardships; rent control; assistance for residential tenants, property owners, and small businesses. He requested the City Council approve more low-income housing and financial assistance for seniors and families with children.

Mary Aldesures, resident, commented in support of rent control and assistance for seniors, disabled individuals, and single parent families.

Brian Heyman, resident, thanked Mayor Frometa for her column in The Downey Patriot addressing quality of life issues in the City. He commented regarding technology and public participation during the City Council Meetings and establishing a monthly Walk the Links with the Mayor at the Rio Hondo Gulf Course during the summer.

Barbaro Rodriguez, resident, commented regarding support for rent control, residential financial assistance for the community, City Administration salaries and unemployment.

Rodolfo Barragan, non-resident, commented regarding rent control.

Having no one else, Mayor Frometa closed Non-Agenda public comment.

Mayor Frometa stated the City through COVID-19 funding and the CARES Act was able to distribute $700,000 in rental assistance to its residents experiencing financial hardships due to COVID.

CONSENT CALENDAR

Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. Mayor Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Consent Calendar items.

Priscilla Oropesa, resident, submitted written comments regarding the unlawfulness of extending the eviction moratorium for commercial tenants without any protections for residential tenants.

City Attorney Abich Garcia stated in September 2020, the City Attorney prepared a staff report summarizing the new State Law AB 3088 and set a statewide standardized rule governing all City Council Minutes Regular Meeting – January 26, 2021 3 residential tenants providing tenant protection and eviction protection. AB 3088 removed the authority from cities and that is why there is no longer a residential moratorium. The City of Downey is now subject to comply with the State Law AB 3088 governing residential tenants and the City only has the authority to regulate commercial tenants. She summarized AB 3088 as follows: during the period between March and August 2020, if a tenant provides written notice to the landlord that they are suffering COVID related financial burden or hardship and cannot pay rent they are protected from eviction for that period. Starting September 1, in order to avoid eviction, the tenants must pay at least 25 percent of the rent due monthly plus provide a hardship notification to the landlord. She reiterated AB 3088 governs cities Statewide and municipalities are no longer able to control residential moratoriums. She added Governor Newsom extended the residential eviction moratorium through June 30, 2021.

City Attorney Abich Garcia stated the City has utilized other tools to provide rental assistance to its residents with the renter’s assistance program.

Mayor Frometa stated the City will utilize its social media platforms to disseminate information to the community.

Council Member Alvarez requested the City create a financial hardship declaration letter template and provide a link on the City’s website for tenants to access. City Attorney Abich Garcia confirmed the County of Los Angeles has a standardized financial hardship declaration form on their website and staff will provide a link on the website.

Philip Lee Squire, resident, submitted written comments regarding Item No. 7, extending the moratorium on evictions for residential tenants, and civil rights of parents with disabled children.

Armando Herman, non-resident, commented regarding Item Nos. 3, 4 and 7; and, street racing.

Rosario Sandoval, resident, commented regarding language used during the public comment period, political figures, rent control, financial assistance for residents affected by the pandemic and public health issues due to COVID.

Having no one else, Mayor Frometa closed public comment.

Council Member Alvarez abstained from Item No. 1, Regular City Council Meeting Minutes of November 24, 2020, as she was not a Council Member at that time and Special Meeting Minutes of January 12, 2021, as she was absent.

Council Member Trujillo abstained from Item No. 1, Regular City Council Meeting Minutes of November 24, 2020, as he was not a Council Member at that time; and, abstained from Item No. 7, due to conflict of interest.

Council Member Ashton abstained from Item No. 4, due to the close proximity to his residence; and, pulled Item No. 7 for separate discussion.

Mayor Pro Tem Pacheco abstained from Item No. 4, due to the close proximity to her residence.

It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Ashton and carried 5- 0 to approve the remainder of the Consent Calendar with Council Member Alvarez abstaining from Item No. 1, Regular City Council Meeting Minutes of November 24, 2020 and Special Meeting Minutes of January 12, 2021; Council Member Trujillo abstaining from Item No. 1, Regular City Council Meeting Minutes of November 24, 2020 and Item No. 7; Council Member Ashton abstaining from Item No. 4 and pulling Item No. 7 for separate discussion; and, Mayor Pro Tem Pacheco abstaining from Item No. 4.

City Council Minutes Regular Meeting – January 26, 2021 4

1. APPROVED MINUTES: Special Meeting of January 12, 2021; Regular Meeting of November 24, 2020: City Clerk.

2. WARRANTS ISSUED: Warrant Nos. 348982 – 349100; EFT Nos. 10377 – 10402; and, Payroll Wire Nos. 30004073 & 30004075 – 30004077, the total amount of $2,766,112.02: Finance.

3. APPROVED AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR MEASURE M MULTI-YEAR SUB-REGIONAL PROGRAM GRANT FUNDS FOR THE TELEGRAPH RD. TRAFFIC THROUGHPUT AND SAFETY ENHANCEMENTS PROJECT (PHASE 2); AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS DEEMED NECESSARY (CAPITAL IMPROVEMENT PROJECT NO. 16-05): Public Works.

4. AWARDED CONTRACT IN THE AMOUNT OF $295,000 TO ONYX PAVING COMPANY, INC. FOR CONSTRUCTION OF THE FY 2020/21 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 2) AND ADA IMPROVEMENTS (CITYWIDE); APPROVED AGREEMENT WITH DOWNEY UNIFIED SCHOOL DISTRICT (DUSD) FOR PARKWAY IMPROVEMENTS ADJACENT TO DUSD DISTRICT OFFICES; AUTHORIZED THE CITY MANAGER TO EXECUTE AGREEMENT AND ANY AMENDMENTS DEEMED NECESSARY; AND, AUTHORIZED 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. 21-01): Public Works.

5. APPROVED AGREEMENT WITH CITY OF PARAMOUNT FOR CENTURY BLVD. PAVEMENT REHABILITATION; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS DEEMED NECESSARY (CAPITAL IMPROVEMENT PROJECT NO. 21-04): Public Works.

6. ORDINANCE APPROVING MUNICIPAL FACILITY LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY: Public Works.

1) INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A MUNICIPAL FACILITY LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY;

2) AUTHORIZED THE MAYOR TO EXECUTE THE MUNICIPAL FACILITY LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC; AND,

3) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE AGREEMENT AS NECESSARY.

8. UPDATE OF THE CITY’S PURCHASING ORDINANCE AND ADOPTING PURCHASING POLICIES AND PROCEDURES: Finance.

ADOPTED ORDINANCE NO. 21-1458, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING IN ITS ENTIRETY DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 9 SETTING FORTH THE CITY’S UPDATED PURCHASING PROCEDURES

City Council Minutes Regular Meeting – January 26, 2021 5

OTHER BUSINESS

7. EXTENSION OF URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS IMPACTED BY COVID-19 PANDEMIC AND RENT REPAYMENT PERIOD: City Attorney.

ADOPTED URGENCY ORDINANCE NO. 20-1457, AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 8634 AND DOWNEY CITY CHARTER SECTIONS 511 AND 514 EXTENDING THE TEMPORARY MORATORIUM ON EVICTIONS OF COMMERCIAL TENANTS FOR NONPAYMENT OF RENT RESULTING FROM LOSS OF INCOME DUE TO THE COVID-19 PANDEMIC AND RENT REPAYMENT PERIOD; AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY

Council Member Ashton requested the item be pulled to discuss the expiration date of March 31, 2021 and extend to coincide with the State’s extension on the residential moratorium through June 30, 2021. City Attorney Abich Garcia stated the March 31, 2021 date is to stay within the parameters of the Governor’s Executive Order providing the authority to cities to adopt moratoriums for commercial renters but only extending the authority through March 31, 2021. She explained should the City extend the moratorium beyond the March 31, 2021 date the City may become vulnerable for legal challenge of exceeding our authority under the Executive Order.

Council Member Ashton stated he will not amend staff’s recommended expiration date of March 31, 2021. He requested City Attorney Abich Garcia continue to provide updates regarding the temporary moratoriums on evictions.

It was moved by Council Member Ashton, seconded by Mayor Pro Tem Pacheco and carried 4-0-1, with Council Member Trujillo abstaining to adopt an uncodified Urgency Ordinance pursuant to California Government Code Section 8634 and Downey City Charter Sections 511 and 514 extending the Temporary Moratorium on Evictions of Commercial Tenants for nonpayment of rent resulting from loss of income due to the COVID-19 pandemic and rent repayment period; and setting forth the facts constituting such urgency.

ADMINISTRATIVE REPORTS

9. APPROVED THE MAYOR’S APPOINTMENTS TO THE CITY COUNCIL STANDING AND AD- HOC SUBCOMMITTEES FOR 2021: Mayor Frometa.

Mayor Frometa stated Item No. 9 is the annual appointments by the Mayor to the City Council Standing and Ad-Hoc Subcommittees for 2021. She made her selections to the subcommittees and recommend dissolving certain subcommittees that have completed their tasks and are no longer needed at this time. She stated the subcommittees she recommends be dissolved are: The Firefighters Memorial Project Subcommittee; Rio Hondo Golf Club Subcommittee; and, 2020 US Census Ad-Hoc Subcommittee.

Mayor Pro Tem Pacheco commented regarding the Rio Hondo Golf Club Subcommittee and recollected additional subcommittee meetings would be needed to finalize pending work at the Golf Club. City Manager Livas confirmed the Subcommittee was working on technical issues related to the Rio Hondo Golf Club. He suggested continuing the Subcommittee until such time that all items have been completed.

Mayor Pro Tem Pacheco requested Mayor Frometa continue the Rio Hondo Golf Club Subcommittee.

City Council Minutes Regular Meeting – January 26, 2021 6

Mayor Frometa agreed to continue the Rio Hondo Golf Club Subcommittee with Mayor Pro Tem Pacheco and Council Member Trujillo Members.

Mayor Frometa asked City Clerk Duarte if there were any written comments received regarding Consent Calendar items. Mayor Frometa asked City Clerk Duarte if there was anyone on the teleconference line who would like to comment on Consent Calendar items.

Wayne Spindler, non-resident, commented regarding the purpose of subcommittees and ad-hoc committees, public officials, and enforcement of the Ralph M. Brown Act.

Armando Herman, non-resident, commented regarding public participation during the subcommittee meetings and political figures.

Having no one else, Mayor Frometa closed public comment.

It was moved by Council Member Ashton, seconded by Mayor Pro Tem Pacheco and carried 5- 0 to dissolve the Firefighters Memorial Project Subcommittee and the 2020 US Census Ad-Hoc Subcommittee.

It was moved by Mayor Pro Tem Pacheco, seconded by Council Member Alvarez and carried 5- 0 to approve the appointments to the City Council Standing and Ad-Hoc Subcommittee Assignments for 2021.

STAFF MEMBER COMMENTS

City Manager Livas expressed his gratitude to staff for their hard work to ensure the community continues to receive services during the COVID-19 pandemic. He thanked Assistant to the City Manager Vaniah De Rojas, Management Analyst Juddy Montenegro and Management Analyst Maria Rivas for coordinating last week’s food drive-through. He thanked Mayor Frometa for attending the food drive-through event. He thanked Emergency Manager Rakdy Khlok for presenting the City Council the update regarding COVID-19. He stated the City has been responsive to the community’s needs by conducting wellness checks on seniors, providing food for seniors and families, and rental assistance payments to those residents and businesses affected by COVID-19. He stated staff is preparing for the upcoming budget and this will be an exceedingly challenging year given what has happened to the economy in the past year.

ADJOURNMENT

Mayor Frometa adjourned the Regular City Council meeting at 8:51 p.m. in memory of law enforcement personnel who lost their battle with COVID-19: Sgt. Amelia "Terry'' Martinez, Los Angeles Police Department; Lt. John Reynolds, Garden Grove Police Department; Corrections Officers Jose Alfredo Diramos "Joe" Kates; Daniel Lopez Mendoza, III; Sergeant Gilbert Polanco, California Department of Corrections and Rehabilitation; Gloria Espinosa, longtime Downey resident; Joe Lizarde, Downey resident; and, all lives lost due to COVID-19.

MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA City Clerk Mayor

City Council Minutes Regular Meeting – January 26, 2021 7

RESOLUTION NO. 21-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE FINANCE DEPARTMENT

WHEREAS, the attached Resolution authorizes the destruction of certain obsolete Finance Department records. It has been prepared in accordance with Resolution No. 19-7910, City Wide Management Program Records Retention Schedule as it pertains to Finance Department Documents; and

WHEREAS, the City Clerk has certified that the records listed are no longer required by the City and are eligible for destruction pursuant to section 34090 of the California Government Code as indicated on "Destruction of Original Public Records" attached hereto as Exhibit "A" and pursuant to the above Citywide Records Management Program in the City Attorney has concurred in the certification; and

WHEREAS, the Director of Finance has requested and authorized certain obsolete Finance Department records as listed on Exhibit "B" attached hereto to be destroyed and the City Attorney has concurred in this authorization.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. As authorized by California Government Code Section 34090 and the City of Downey Citywide Records Retention Policy under Resolution No. 19-7910, the City Council hereby authorizes and approves the destruction of the obsolete Finance Department records as listed on Exhibit “B” attached hereto. The Department shall ensure that the City Clerk’s Office has responded to any California Public Records requests for the subject records which were received before the adoption of this Resolution prior to destroying the subject records.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 23rd day of February, 2021.

______CLAUDIA FROMETA, Mayor ATTEST: ______MARIA ALICIA DUARTE, CMC City Clerk

I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 23rd day of February, 021, by the vote, to wit:

AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members:

______MARIA ALICIA DUARTE, CMC City Clerk