HomeMy WebLinkAboutMinutes - 04-08-14 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
APRIL 8, 2014
The City Council of the City of Downey held a Regular Meeting at 6:30 p.m., April 8, 2014, in the
Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor
Vasquez presiding.
PRESENT: Council Members:
Fernando Vasquez Mayor
Luis H. Marquez Mayor Pro Tem
Roger C. Brossmer (arrived 9:32 p.m.)
Mario A. Guerra
Alex Saab
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Shannon DeLong, Assistant to the City Manager
Adria M. Jimenez, CMC, City Clerk
Carl Charles, Chief of Police
Mark Gillespie, Assistant Fire Chief
Mohammad Mostahkami, Public Works Director
Arlene Salazar, Parks & Recreation Director
William Davis, City Planner
Anil Gandhy, Finance Director
Gladys Chavez, Secretary
The Invocation was delivered by Dr. Danny Posada of the First Baptist Church. The Flag Salute was
led by Youth Commissioners Yessenia Rodriguez and Ada Hernandez.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCEWEETING REPORTS
Mayor Pro Tem Marquez welcomed everyone in attendance.
Council Member Saab welcomed Rose Float Association Board Member Hernandez and Youth
Commissioner Hernandez who were in the audience. He reported attending the G.O.O.D Luncheon
Event; the Theater Subcommittee meeting; the 56th Annual Downey Symphony event; a Healthy
Downey 5K for TLC Event; and, the Downey City Library and Friends of the Library 30th Annual
Volunteer and Major Donor Recognition Brunch. He invited everyone to the Kids Day Event, May 10, the
21St Annual Street Fair Event, May 3; Breakfast with the Bunny Event, April 12; the 2014 State of the
City Address, April 17; Tour de Downey and Make Music Downey, June 14. He reported attending the
Firestone Boulevard Bridge Groundbreaking Ceremony. He read information regarding Measure B and
invited residents to visit the City's website for more election information.
Council Member Guerra recognized former Mayor Cartozian who was in the audience. He read
information regarding Measure B that can be found on the City's website. He reported attending the
151 It Neighborhood Watch Meeting; a Stay Fit Downey Healthy Partners Committee Meeting; a Healthy
Downey 5K for TLC Event; the Downey City Library and Friends of the Library 30th Annual Volunteer and
Major Donor Recognition Brunch; and, the Bike Subcommittee Meeting. He invited everyone to the Tour
de Downey event, June 14. He reported working towards finalizing the location of the new art work
power boxes. He mentioned the new paramedic squad vehicles the City recently purchased. He
requested staff bring back: the Citizens Academy program; an update regarding the proposed criss
cross crosswalk on Firestone Boulevard and Downey Avenue; an update regarding the design of the
City Council Minutes — April 8, 2014
upcoming walking trails at Furman and Apollo Park; provide the final approved design plan for the
Firestone Boulevard light towers; an update on the parklette on Downey Avenue and Firestone
Boulevard; and, begin rolling out the new branding initiative.
Mayor Vasquez reported attending the Healthy Downey 5K for TLC Event; attended a Chamber of
Commerce Meeting in an effort to reach out to small businesses; a Stay Fit Downey Healthy Partners
Committee Meeting; and, participated in reading to children at the Downey Library. He invited everyone
to Tour de Downey and Make Music Downey Festival, June 14; and, the FIFA World Cup Experience,
June 22. He recognized Commissioner Cotaya and Library Advisory Board Member Monroywho were in
the audience. He stated if Measure B passes, it will cost the City an additional 54% more to contract fire
services with the County. He congratulated the Downey Unified School District for having a 96%
graduation rate. He recognized the Downey Youth Commissioners who were in the audience.
PRESENTATIONS
Mayor Vasquez presented the Healthy Heart Award to the Administrator of the Brookfield
Rehabilitation Center, Mr. David Howell.
Mayor Vasquez presented a Proclamation to Youth Commissioners Hernandez, Rodriguez, and
Lopez, and proclaimed April 22, as Student Government Day.
Mayor Vasquez presented a Proclamation to Betty Monroy and proclaimed April 13 -19, as National
Library Week. He also presented an a -book reader to the 1,000`h a -book check out prize winner Ms.
Tosh.
Mayor Vasquez presented a Proclamation to Cindy Guzman and proclaimed April 2014, as Fair
Housing Month.
Mayor Vasquez presented a Proclamation to former Mayor Cartozian in recognition of Holocaust
Memorial Day, April 27.
Mayor Vasquez presented a Certificates of Recognition to the American Youth Soccer Organization,
Downey Region 24, Girls Under 12 All Star Team, for winning the State Championship.
NON AGENDA PUBLIC COMMENT. This item was taken out of order.
Geraldine Kause, expressed concern regarding rent increases in senior housing.
Julia Emerson, Southern California Gas Company, introduced herself as the new representative for
the City.
Gloria, resident, requested police patrol the corner of De Palma Street and Paramount Boulevard to
minimize traffic congestion during school hours.
John Lacey, resident, requested the City look into changing its typing font style to Garamond in an
effort to reduce the use of ink in toner cartridges. He invited everyone to an E -waste event on April 26,
at the Hometown Hardware & Garden parking lot.
CONSENT CALENDAR: This item was taken out of order.
Council Member Guerra pulled Item No.6. The item is listed under Other Business.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Marquez, and carried 4 -0 -1,
with Council Member Brossmer excused, to approve the remainder of the Consent Calendar.
City Council Minutes — April 8, 2014
4. APPROVED MINUTES: Regular Meetings of March 11, 2014; Adjourned Regular Meeting of March
25, 2014: City Clerk.
5. WARRANTS ISSUED: Warrant Nos. 283545 — 283836; Wire Nos. 30003104 and 30003152 —
30003159; Manual Wire Nos. 1253 — 1258, in the total amount of $2,082,072.60: Finance.
7. AUTHORIZED THE MAYOR TO APPROPRIATE FUNDING FOR DOWNEY POLICE ESCORT OF
THE DOWNEY ROSE FLOAT ASSOCIATION'S ROSE PARADE FLOAT: Police.
OTHER BUSINESS
6. APPROVE THE PUBLIC WORKS COMMITTEE'S RECOMMENDATION FOR THE
INSTALLATION OF FOUR 30- MINUTE TIME - LIMITED PARKING ZONES ALONG THE EAST
SIDE OF DOWNEY AVENUE BETWEEN FIRESTONE BOULEVARD AND 2ND STREET: Public
Works.
Council Member Guerra stated he is not in favor of four 30 minute parking spaces and proposed the
City start with two 20 minute parking spaces, in front of the cleaners and the breezeway on Downey
Avenue, to include continuous enforcement by the Parking Enforcement Department.
Council Member Saab expressed concern over the lack of parking enforcement on Downey Avenue
and stated the business community has expressed a desire for 20 minute parking stalls.
Mayor Vasquez invited the public to speak on this item.
James Hong, business owner, stated he understands the Public Works Committees
recommendation of 30 minute parking stalls but he is requesting four 20 minute parking stalls and
include more parking enforcement. He suggested the local public parking structure have 30 minute
parking on the first level.
Azwalliah (no last name provided), Downey Avenue property owner, stated due to new construction
adjacent to his businesses, parking has been significantly impacted. He suggested a loading and
unloading zone and two 20 minute parking stalls.
Council Member Guerra suggested a green loading zone on the south east corner of 2nd Street and
Downey Avenue.
Public Works Committee Member Fry stated the committee decided the best solution was four 30
minute parking stalls. She stated four 20 minute parking stalls would disrupt the flow of traffic and cause
congestion on Downey Avenue.
Having no one else come forward Mayor Vasquez closed public comment.
Public Works Deputy Director Norris stated this item came before the Public Works Committee due
to a petition from local businesses in which they requested 20 minute parking limits to force parking turn
over. The Public Works Department surveyed local businesses and determined that three to four20 -30
minute parking stalls would alleviate their parking concerns.
Council Member Saab asked for clarification on how this area will be enforced once the parking time
limits are set.
Police Chief Charles stated the area can be included on a rotation of regular parking enforcement.
Mayor Pro Tem Marquez stated the current parking enforcement structure does not seem to be
working.
City Council Minutes —April 8, 2014
City Manager Lives stated the City will look into hiring more parking enforcement personnel in order
to increase patrol.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez, and carried 4 -0 -1,
with Council Member Brossmer excused, to add two 20 minute parking stalls in front of 11120 Downey
Avenue and in front of the breezeway and add a 20 ft. yellow loading /unloading zone on the southeast
corner of 2nd Street and Downey Avenue.
PUBLIC HEARINGS
INTRODUCED ORDINANCE NO. 14- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING ARTICLE V, CHAPTER 7 OF THE DOWNEY MUNICIPAL
CODE (DMC) AS IT RELATES TO STORM WATER AND URBAN RUNOFF POLLUTION AND
CONVEYANCE CONTROLS, TO EXPAND THE APPLICABILITY OF THE EXISTING
POLLUTANT SOURCE REDUCTION REQUIREMENTS, BY IMPOSING RUNOFF LOW IMPACT
DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING,
AND CONSTRUCTION PERMITS; AND, CONDUCT A PUBLIC HEARING: Public Works.
Mayor Vasquez opened the Public Hearing at 8:52 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. it was moved by Council Member Saab, seconded by Mayor Pro Tem Marquez,
with Council Member Brossmer excused, and so ordered to receive and file. City Clerk Jimenez noted
there was no correspondence received.
Storm Water Program Consultant Mr. Hunter stated the Low Impact Development (LID) was now a
required component of the new MS4 stormwater permit and its strategy was to reduce the volume of
stormwater and urban runoff and augment Downey's local groundwater supplies. Downey currently has
over 1,300 LID sites. He stated LID is now required for Development projects that are 1 acre or more
that add 10,000 SF of impervious area, industrial parks and commercial malls 10,000 SF or more,
Gasoline outlets 5,000 SF or more, restaurants, 5,000 SF or more, parking lots of 5,000 SF or more
(about 14 or 15 spaces), streets and roads 10,000 SF or more, and other types such as redevelopment
projects. He stated the past policy required LID for projects greater than 400 sf. which proved overly
burdensome and the new policy raises the threshold triggering LID from 400 to 800 sf. This is the
minimum size for a single family residence. Small room additions and patios would be exempted. He
stated LID is needed to avoid costly regional projects. Some options for LID would be: direct infiltration,
rain gardens, downspout disconnect, elevated planter boxes, and driveway pavers. He stated a LID
technical guidance manual has been developed to assist contractors, developers and homeowners
meet LID compliance.
Council Member Guerra stated he wanted to move forward with the minimum requirements for this
unfunded State mandate.
City Manager Lives stated the City's goal was to do small projects to meet the required limits to
avoid large expensive regional projects. The City is currently meeting the legal requirements; however,
new State mandate levels will be released in the near future and the City is being proactive.
Mr. Hunter stated they are anticipating the new State mandate levels to be stricter than current
levels that were adopted in November 2012. The goal is to take a long term approach to meet the levels
in the next ten years.
Mayor Vasquez invited the public to speak. Having no one come forward, public comment was
closed.
It was moved by Council Member Guerra, seconded by Mayor Pro Tem Marquez, and carried 4 -0 -1,
with Council Member Brossmer excused, to introduce the Ordinance.
City Council Minutes — April 8, 2014 4
ADOPTED 2013 BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, GREEN BUILDING
STANDARDS, ENERGY, AND RESIDENTIAL CODE UPDATES: Community Development.
A. ORDINANCE NO. 14 -1323, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY REPEALING ARTICLE VIII ( "BUILDING REGULATIONS "), CHAPTER 1
( "DOWNEY BUILDING CODE ") AND ADDING THERETO A NEW CHAPTER 1 ( "DOWNEY
BUILDING CODE ") AND MAKING AMENDMENTS THERETO (ADOPTING BY REFERENCE
THE 2013 CALIFORNIA BUILDING CODE WITH AMENDMENTS).
B. ORDINANCE NO. 14 -1324, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING SECTION VIII ( "BUILDING REGULATIONS ",
CHAPTER 2 ( "DOWNEY ELECTRICAL CODE "), OF THE DOWNEY MUNICIPAL CODE TO
ADOPT THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE AS THE DOWNEY
ELECTRICAL CODE.
C. ORDINANCE NO. 14 -1325, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING ARTICLE VIII ( "BUILDING REGULATIONS ")
CHAPTER 3 ( "MECHANICAL CODE ") OF THE DOWNEY MUNICIPAL CODE TO ADOPT
THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE AS THE DOWNEY
MECHANICAL CODE.
D. ORDINANCE NO. 14 -1326, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING SECTION VIII ( "BUILDING REGULATIONS ")
CHAPTER 4 ( "DOWNEY PLUMBING CODE ") OF THE DOWNEY MUNICIPAL CODE TO
ADOPT THE 2013 EDITION OF THE CALIFORNIA UNIFORM PLUMBING CODE WITH
STATE OF CALIFORNIA 2013 AMENDMENTS AS THE DOWNEY PLUMBING CODE.
E. ORDINANCE NO. 14 -1327, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING SECTION VIII (`BUILDING REGULATIONS ")
CHAPTER 11 ( "GREEN BUILDING STANDARDS CODE ") OF THE DOWNEY MUNICIPAL
CODE ADOPTING THE 2013 EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE AND ITS AMENDMENTS AS THE DOWNEY GREEN BUILDING
STANDARDS CODE.
F. ORDINANCE NO. 14 -1328, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING ARTICLE VIII ( "BUILDING REGULATIONS) CHAPTER
12 ( "ENERGY CODE) OF THE DOWNEY MUNICIPAL CODE ADOPTING THE 2013 EDITION
OF THE CALIFORNIA ENERGY CODE AS THE DOWNEY ENERGY CODE.
G. ORDINANCE NO. 14 -1329, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING ARTICLE VIII ( "BUILDING REGULATIONS ")
CHAPTER 13 ( "DOWNEY RESIDENTIAL CODE ") OF THE DOWNEY MUNICIPAL CODE
ADOPTING THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND ITS
AMENDMENTS AS THE DOWNEY RESIDENTIAL CODE.
Mayor Vasquez opened the Public Hearing at 9:34 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Brossmer, seconded by Mayor Pro Tern
Marquez, and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence
received.
Senior Planner Blumenthal stated every three years the State of California makes updates to the
Building Codes. The City will then makes local amendments to comply. This year's revisions are geared
towards better energy efficiency and seismic safety and are more stringent than State codes. The local
amendments are contained in Article VIII of the Building Codes.
City Council Minutes — April 8, 2014
Mayor Vasquez invited the public to speak. Having no one come forward, public comment was
closed.
It was moved by Council Member Brossmer, seconded by Council Member Saab and unanimously
carried to adopt the Ordinances.
3. ADOPT ORDINANCE NO. 14- , AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING CHAPTER 3, 4, S, AND 6 OF ARTICLE III OF THE DOWNEY
MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2013 CALIFORNIA FIRE
CODE (CALIFORNIA CODE: OF REGULATIONS, TITLE 24, PART 9), BASED ON THE
INTERNATIONAL FIRE CODE, 2012 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE
INTERNATIONAL FIRE CODE; 2012 EDITION, INCLUDING APPENDICES A THROUGH K
INCLUSIVE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS, AND
CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND
ADOPTING CHAPTER 6.96 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE
PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO
LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE, OR RELEASE OF
HAZARDOUS MATERIALS OR HAZARDOUS WASTE: Fire.
Mayor Vasquez opened the Public Hearing at 9:39 p.m. City Clerk Jimenez affirmed receipt of the
Proof of Publication. It was moved by Council Member Guerra, seconded by Council Member Saab,
and so ordered to receive and file. City Clerk Jimenez noted there was no correspondence received.
Assistant Fire Chief Gillespie stated the Department's primary responsibility is fire safety which they
achieve by having sufficient properly trained personnel, equipment, and adequate Fire Codes and
Ordinances. He stated the California Fire Code is updated by the State every three years: The 2014
Municipal Fire Code addresses new construction and is more restrictive than the California Fire Codes.
He stated Downey Municipal Codes (DMC) Section 3316 was revised to eliminate early detection
requirements and commercial and residential vacancyrequiremerts. He stated the Fire Codes changes
are practical responses to local resident needs maintaining the fire safety expectations of outstanding
service. He reviewed a fire behavior time temperature curve and emphasized early fire detection and the
benefit of automatic sprinklers in an effort to prevent fire growth.
Council Member Guerra stated he would like an amendment to the section in the fire code related to
the value of proposed tenant improvements to a building such as landscaping, signage and parking and
the requirement for the installation of automatic fire alarm and extinguishing systems.
The Mayor invited the public to speak on this item, Having no one come forward, he closed public
comment.
After further discussion, the City Council agreed to the changes proposed by Council Member
Guerra and requested this item be re- introduced at a future meeting.
ADMINISTRATIVE REPORTS
8, RECEIVED AND FILED GREEN TASK FORCE UPDATE: Community Development.
Green Task Force Chairman Ashton, stated the Commission has had challenges with making a
quorum on many occasions The Commission is working to overcome many challenges to include an
increase of visual presence in the City.
Council Member Saab asked how the City can assist the Commission. He stated as a past member,
he recalls one challenge being the absence of funds and suggested the City provide some assistance.
City Manager Livas stated if the Commission is in need of literature orsuch items, the City can make
City Council Minutes April 8, 2614 6
funds available,
Council Member Guerra stated he was disappointed in the Commissions progress and suggested
they at least move forward with small Council adopted requests.
Mr. Ashton, stated he will work towards accomplishing small tasks and will report back to the Council
every three months as stated in the by -laws:
STAFF MEMBER COMMENTS
City Manager Livas thanked the City Council for their support of a police training room and a new
ambulance and command truck for the Fire Department,
RE+OESSEDfRECONVENED
I
The meeting recessed to closed session at 10:12 p.m. and reconvened at 11:58 p.m, with all
Council Members present;
ADJOURNMENT
The meeting adjourned at 11:59 p.m. to Tuesday, April 22, 2014, at 5.30 p.m. in memory of former
Downey Council Member Priscilla Dunnum, first woman Council Member and first woman Mayor Pro
Term.
r
ADRIAM. JIMENEZ, • MC FE_FZN NDQ VASQUEZ
City Clerk Mayor
City Council Minutes April 8, 2014 7