HomeMy WebLinkAboutMinutes 09-22-15 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
SEPTEMBER 22, 2015
The City Council of the City of Downey held a Regular City Council Meeting on September 22,
2015, at 6:30 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, Mayor Marquez presiding.
PRESENT:: Council Members:
Luis H. Marquez Mayor
Alex Saab Mayor Pro Tern
Sean Ashton Council Member
Roger C. Brossmer Council Member
Fernando Vasquez Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Adria M. Jimenez, - CMG, City Clerk
John Oskoui, Assistant City Manager
Shannon DeLong, Assistant to the City Manager
Carl Charles, Chief of Police
Mark Gillaspie, Fire Chief
Mohammad Mostahkami, Public Works Director
Arlene Salazar, Parks & Recreation Director
Aldo Schindler, Community Development Director
Anil Gandhy, Finance Director — Absent
Alicia Duarte, Deputy City Clerk
The Invocation was delivered by Reverend Nancy Hamm, Downey Christ Lutheran Church. The
Flag Salute was led by Louis Morales, Downey Planning Commissioner and President of the Downey
Youth Football Team.
COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE /MEETING REPORTS
Council Member Brossmer reminded the audience to attend Council Member Ashton's Town
Hall meeting. He reported attending the Website Subcommittee meeting and announced the City's
website will be getting a refreshed look. He advised he will be attending an upcoming Downtown
Subcommittee meeting. He thanked City staff for purchasing the MIA POW Flag and flying it in their
honor. He said there are still 83,114 - servicemen missing in action combined with World War II, the
Korean War, the Vietnam War, the Cold War and the Iraq War.
Council Member Vasquez welcomed the audience to the meeting. He will attend a
Neighborhood Watch meeting in District 4 and reminded the audience of the last Roof Top Concert and
the Playground Dedication for Rio San Gabriel Park.
Council Member Ashton reported attending the Keep Downey Beautiful Clean -Up event and
thanked all the volunteers who participated. He also attended the Observe the Moon event at the
Columbia Space Center and will be attending the upcoming playground and trail dedication at Rio San
Gabriel next weekend. He encouraged everyone to donate to the Fire Department's Fill the Boot
Campaign and reminded the audience of upcoming City events: Keep Downey Beautiful Clean -Up; Bob
Winingham Banquet Room dedication; National Walk to School Day; and his Town Hall meeting. He
commented on the Chris & Pitts and Buffalo Wild Wings incidents. He asked Police Chief Charles to
provide information about their meeting with management at Buffalo Wild Wings. Chief Charles
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Regular Meeting — September 22, 2015 1
reported meeting the restaurant's management to provide suggestions on how to avoid these types of
incident and they will continue to meet with their management staff regularly.
Mayor Pro Tern Saab asked Chief Charles if there are any other establishments in the City that
could be proactive with their security plan. Chief Charles said the plan is to work with Community
Development to send a letter to all restaurant /bar establishments.
Mayor Pro Tern Saab welcomed the audience and acknowledged Jennie Wood and Joanne
Peterson, Chamber of Commerce; Jonathan Fonte, Association of Realtors, and Arguello, Youth
Commissioner. He announced upcoming events: State of the Schools and a stand -up comedy
fundraiser event for Downey Rose Float Association. He asked the Fire Department to coordinate with
the Red Cross regarding a fire detector program.
Mayor Marquez welcomed the audience to the meeting. He congratulated and thanked City staff
for the International Food Festival. He announced the upcoming Roof Top event and commented on
the various family- oriented City events. He commented on the recent incidents occurring in Downey
and broadcasted by the media. He elaborated on the importance of the Police Department's role in
being proactive and zero tolerance for such type of situations. He stated Downey is fortunate to have a
good business community and safe environment. He said the City's number one priority is to keep the
community and visitors safe and encouraged anyone to contact the Police Department if they see any
such activity.
PRESENTATIONS: None,
PUBLIC HEARINGS
1. AMEND ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ESTABLISH MINIMUM
STANDARDS FOR THE DESIGN AND INSTALLATION OF LANDSCAPING USING DROUGHT -
TOLERANT PLANTS AND NATIVE PLANTS THAT REQUIRE MINIMAL USE OF WATER, AND
STANDARDS FOR THE INSTALLATION OF SYNTHETIC TURF: Community Development.
INTRODUCE ORDINANCE 15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE TO ESTABLISH MINIMUM
STANDARDS FOR THE DESIGN AND INSTALLATION OF LANDSCAPING USING DROUGHT
TOLERANT PLANTS AND NATIVE PLANTS THAT REQUIRE MINIMAL USE OF WATER, AND
STANDARDS FOR THE INSTALLATION OF SYNTHETIC TURF.
Mayor Marquez opened the Public Hearing at 6 :54 p.m. City Clerk Jimenez affirmed receipt of
the Proof of Publication. It was moved by Mayor Pro Tern Saab, seconded by Council Member Ashton
and so ordered by the Mayor to receive and file. City Clerk Jimenez noted there was no
correspondence received.
The staff report was provided by City Planner William Davis. Mr. Davis stated the proposed
amendment is another method to comply with the Governor's mandate of a 25% aggregate statewide
reduction in potable urban water usage by February 2016. He reminded the Council of recently adopted
Ordinance No. 15- 1341, which amends Chapter 3.5 of the Downey Municipal Code as it relates to
Water Conservation Regulation and Restrictions. The proposed ordinance amends the text of Article IX
(Land Use) to establish minimum standards for the design and installation of landscaping using
drought - tolerant and native plants that require minimal use of water. Proposed Drought - Tolerant
Landscaping Regulations on Private Property: No less than seventy -five percent (75 %) of such total
landscaped area shall contain plants for the drought - tolerant plant list; no more than twenty -five (25 %)
of such total landscaped area shall consist of turf, stones, permeable pavers, decomposed granite,
mulch, benches, ponds, and statuary. In no event shall turf, if used, be planted in strips that are less
than five feet wide, and in no event shall the total landscaped area contain more than five - thousand
(5,000) square feet of turf; the total landscaped area maybe irrigated manually or through other water
efficient methods such as weather -based irrigation controllers, soil moisture sensors, rainfall shutoff
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Regular Meeting — September 22, 2015 2
devices, rain sensors, rotary spray sprinkler heads, and micro - irrigation (drip systems). Watering hours,
duration and days on which irrigation of landscaping is allowed, shall comply with Chapter 3.5 (Water
Conservation Regulations and Restrictions) of the Municipal Code. The landscaped area shall
incorporate drought- tolerant plants from a list of native and non - native plant species approved by the
City Planner and maintained by the Community Development Department Planning Division. The
landscaped area shall incorporate mulch around shrubs and garden plants. The mulch shall be
composed of wood bark chips, wood grindings, pine straws, nut shells, small gravel, and /or shredded
landscape clippings, plants to help reduce evaporation, inhibit weed growth, moderate soil temperature,
and prevent erosion. The amount of mulch used shall not exceed 25% of the total landscaped area;
and, the landscaped area shall incorporate permeable paving such as gravel, river rock, sand, tumbled
glass manufactured tiles, formed cement blocks, pavers, or bricks to pave a walkway surface in which
the water can infiltrate. Proposed Drought - Tolerant Landscaping Requirements (City Parkways): City
approved drought tolerant trees, shrubs, ground covers, and other plants shall be used for new
developments and existing property renovations when designing and implementing drought - tolerant
landscaping improvements within City parkway areas along the frontage of and /or adjacent to the
property. Synthetic Tun`: Synthetic turf may be used in lieu of natural turf in front, side and rear yards for
up to 100% coverage or in combination with groundcover, shrubs, vines, flowers, or trees, for properties
in any land use zone. Synthetic turf shall be installed and maintained to effectively simulate the natural
appearance of a well- maintained lawn. Synthetic turf shall incorporate thatch fibers in light brown or tan
colors. Synthetic tun` installations shall comply with the standards and regulations found in the
California Building Code. Synthetic Turf Standards: Synthetic turf may be used in lieu of natural turf in
front, side and rear yards for up to 100% coverage or in combination with groundcover, shrubs, vines,
flowers, or trees, for properties in any land use zone. Synthetic turf shall be installed and maintained to
effectively simulate the natural appearance of a well- maintained lawn. Synthetic turf shall incorporate
thatch fibers in light brown or tan colors. Synthetic turf installations shall comply with the standards and
regulations found in the California Building Code.
Council Member Brossmer and Mayor Pro Tern Saab voiced their concerns regarding the
proposed section of the ordinance "which states no less than seventy -five percent (75 %) of such total
landscaped area shall contain plants for the drought - tolerant plant list. City Manager Livas suggested
staff provide Council with more specific visual examples of landscaped_ areas with drought tolerant
plants at a future meeting and modify the proposed Ordinance to exclude a maximum percentage of
landscaped area to contain the drought- tolerant plants.
Mr. Davis provided the Council with samples of artificial turf and explained the type of material
used to manufacture the artificial turf. Council Member Vasquez asked if any government agency
regulates the production of the artificial turf material. Mr. Davis said the Environmental Protection
- Agency has provisions for the type of installations. Mayor Pro Tern Saab asked how the City will
regulate what type of artificial turf is installed and if there will be a fee. Mr. Davis explained the City
incorporated standards for installation in the proposed ordinance which will be signed by the property
owner adhering to the guidelines and there is no fee for the City's approval of the turf installation.
Council Member Brossmer suggested having artificial turf approved by Planning, and Council Member
Vasquez suggested having the property owner bring in the receipt of the material purchased in order to
ensure compliance with the type of turf. Mayor Pro Tern Saab asked what neighboring cities are doing
to address these issues. Mr. Davis said many cities have not approved artificial turf, and many are
approving drought tolerant plants, while cities who allow artificial turf ensure the installations are
consistent with their standards. Mayor Pro Tem Saab asked if there are any cities which are not
intrusive but meet the Council's objectives. Director Schindler stated they researched 21 cities that
allow synthetic turf and many do not require permits and their only attempt is to respond to the
Governor's mandate to reduce water usage. Council Member Brossmer stated he agrees with staff's
recommendation on the type of weight for the artificial turf but would like to require the property owner
to come to the counter for approval of the material as well as to ensure the installer is qualified to install
the turf properly. Mayor Pro Tern Saab said he would like to have this portion of staff's recommendation
brought back to Council at a later date. Council Member Brossmer said he does not want to limit
natural turf. Mayor Marquez asked staff to ensure that natural turf is specified in the report.
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Regular Meeting — September 22, 2015 3
Mayor Marquez opened up this item for Public Comment. Having no one come forward, Mayor
Marquez closed Public Comment.
It was moved by Mayor Pro Tern Saab, seconded by Council Member Ashton and carried
unanimously to keep the Public Hearing open and continue this item to a future date.
NON- AGENDA PUBLIC COMMENT: None:
CONSENT CALENDAR
Council Member Ashton pulled Item No. 6 City Clerk Jimenez announced Item Nos. 10 and 2c
were being pulled from the agenda; Mayor Pro Tern Saab abstained from Item No. 4 due to the
proximity to his business; and, Council Member Vasquez abstained from Item No. 4 due to the
proximity to his home and Item No. 9 due to financial conflict.
2. APPROVED MINUTES: Regular Meeting of May 12, 2015; Special Meeting of May 26, 2015;
Special Meeting of August 27, 2015: City Clerk.
3. WARRANTS ISSUED: Warrant Nos. 297099 — 297524; Wire Nos. 30003366 - 30003371; Manual
Wire Nos. 1371 — 1373, in the total amount of $3,048,564.24: Finance.
4. CASH CONTRACT NO. S.S. 488C — FIRESTONE BLVD IMPROVEMENT PROJECT
(ELECTRICAL AND STREET LIGHTING SYSTEM IMPROVEMENTS) (OLD RIVER SCHOOL RD
BROOKSHIRE AVE): ACCEPTED THE PROJECT AS COMPLETE; APPROVED THE FINAL
CONSTRUCTION CONTRACT AMOUNT OF $409,305.58; AND, AUTHORIZED THE PUBLIC
WORKS DIRECTOR TO FILE THE NOTICE OF .COMPLETION WITH THE LOS ANGELES
COUNTY RECORDER'S OFFICE: Public Works.
5. ADOPTED RESOLUTION NO. 15 -7591, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE
PARK AND RECREATION DEPARTMENT: Parks & Recreation.
7.- ACCEPTED $169,000 IN SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) FUNDS
FROM THE STATE OF CALIFORNIA - OFFICE OF TRAFFIC SAFETY FOR FISCAL YEAR 2015
2016: Police.
8. AUTHORIZED THE CITY'S DELEGATES TO VOTE IN SUPPORT OF FOUR RESOLUTIONS TO
BE CONSIDERED AT THE UPCOMING LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE: Administration.
9. APPROVED THE DONATION OF TWO GOLF FOURSOMES AT THE RIO HONDO GOLF
COURSE IN SUPPORT OF THE JOHN WESLEY COMMUNITY HEALTH (JWCH INSTITUTE,
INC.) FOR THEIR HAND & HEART WESLEY 2015 BENEFIT: Mayor Marquez.
11. APPROVED THE APPOINTMENT OF COMMISSIONERS TO THE DOWNEY YOUTH
COMMISSION: Parks & Recreation.
OTHER BUSINESS:
2. APPROVED MINUTES: Regular Meeting of August 25, 2015
This Item was removed from the agenda.
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Regular Meeting — September 22, 2015 4
6. AUTHORIZED THE CITY OF DOWNEY TO REJOIN THE CENTRAL BASIN WATER
ASSOCIATION (CBWA): Public Works.
Council Member Ashton asked why the City would rejoin the Central Basin Water Association.
Mr. Oskoui, Assistant City Manager, stated the City was a member in previous years but due to issues
related to a litigation matter the Council at the time decided to end the membership. The matter has
now been resolved and City staff would like to be a participant on making important decisions that
impact the City's water issues.
10. APPROVED THE USE OF THE SHOW MOBILE BY THE LIVING TREE FOUNDATION
SPONSORING THE BLUE STAR FAMILY DAY COMMUNITY EVENT TO BE HELD AT
DOWNEY HIGH SCHOOL ON SEPTEMBER .26, 2015: Parks & Recreation.
This item was removed from the agenda.
ADMINISTRATIVE REPORT
0161710411 • r• 11:1:1101VA lei= r - 4 =["I 1610M 191&3 -
Council Member Vasquez announced he would be abstaining from the discussion related to the
Wi -Fi Service for Downtown Downey, due to a conflict of interest.
Alvin Lam, Computer Systems Manager, provided the staff report for this item. Staff was tasked
with researching the cost to provide free Wi -Fi at Furman Park. A consultant was brought into conduct
a site survey at the location. It was determined two access points are needed at Furman Park which
would provide 90% of Wi -Fi coverage at the park. Council Member Brossmer asked who the audience
for the Wi -Fi would be and why does the City want to provide the service. Council Member Vasquez
said the Council had previously requested staff to research the feasibility of bringing the free Wi -Fi to
the City in light of the Wi -Fi installations at the Civic Center and Colombia Space Center. Council
Member Brossmer explained the School District is upgrading Wi -Fi in all its facilities including school
parking lots and areas outside of the schools to assist students who do not have Wi -Fi access at home
to do homework. Council Member Vasquez asked if fiber optic is the only method available to provide
Wi -Fi at Furman Park. Mr. Lam said fiber optic would be the only option. The total cost for equipment,
installation and cloud service for one year would be $10,537.99. There are two options available for
internet access. Option A would be to utilize the fiber optic access the City already has which would
consist of using the fiber optics volt on Florence and Rives Avenues by having Public Works trench and
bring the fiber optics into the park at a cost of $100,000; total cost increasing to $110,537.99. Option B
would consist of accessing the internet via a carrier at a cost of $32,125.99 and annual recurring cost of
$21,588. Mayor Pro Tern Saab asked where funding would come from. City Manager Livas said there
is no budget available and the cost would come from the City's reserves.
Mayor Marquez asked the Council Members for their comments in regards to installing the free
Wi -Fi at Furman Park. Council Member Brossmer said he likes the idea but the City does not have the
funds available. Council Member Ashton voiced his concerns regarding the individuals who may loiter
in the park to obtain Wi -Fi access. Council Member Vasquez said he did not seethe benefit in providing
the service since the City does not have the ASPIRE program at Furman Park and he was hoping the
students would be those utilizing the service for school work. Mayor Pro Tern Saab said he concurs
with the rest of the Council and the cost supersedes the public benefit. Mayor Marquez agreed with his
Council colleagues.
Mayor Marquez opened up this item for Public Comment. Having no one come forward, Council
received and filed this report. Mayor Marquez closed Public Comment.
Council Member Vasquez announced he would be recusing himself from the discussion related
to free Wi -Fi in Downtown Downey due to a financial conflict and left the dais.
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Regular Meeting — September 22, 2015 5
Mr. Lam continued his presentation on the free Wi -Fi in Downtown Downey and said four
access points are needed to provide the service in the Downtown area. If the service is provided by a
carrier the upfront cost would be $48,747.35, with a recurring annual cost of $21,588. If the service is
provided using the existing City -owned fiber optic system the cost would be $15,000 plus an additional
$27,159.35 for the equipment. City Manager Livas asked if using the City's existing fiber optic would
have an effect on the Wi -Fi for City Hall. Mr. Lam said it will slow down the speed.
Mayor Marquez stated most businesses in the Downtown area already have the Wi -Fi service
and it is already accessible through the patrons' personal devices. Council Member Brossmer asked
who is being assisted by providing the free Wi -Fi in the Downtown. Mayor Pro Tern Saab asked
Director Schindler if there is a benefit in providing the service. Director Schindler said based on the
limited cities that do provide free Wi -Fi, it leads him to believe it is not a strong marketing aspect. Mayor
Pro Tern Saab asked if the funding would come from the reserves.
Mayor Marquez re- opened up this item for Public Comment. Having no one come forward,
Mayor Marquez closed Public Comment.
It was moved by Council Member Brossmer, seconded by Council Member Ashton and
unanimously carried with Council Member Vasquez abstaining to receive and file the staff report.
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City Council Minutes
Regular Meeting — September 22, 2015 6