HomeMy WebLinkAbout00. Agenda - CC - 01-14-20201
CITY COUNCIL
MAYOR
BLANCA PACHECO
MAYOR PRO TEM
CLAUDIA M. FROMETA
COUNCIL MEMBERS
SEAN ASHTON
RICK RODRIGUEZ
ALEX SAAB
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING – 4:30 P.M.
ROLL CALL: Council Members Ashton, Rodriguez, Saab, Mayor Pro Tem Frometa, Mayor Pacheco
APPROVE CLOSED SESSION MINUTES: Special Meeting of December 10, 2019: 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 5 minutes)
RECESS TO A CLOSED SESSION OF THE CITY COUNCIL UNDER THE FOLLOWING
AUTHORITIES:
1. Government Code Section 54956.8 – Conference with City Real Property Negotiators: City
Manager Gilbert Livas and Community Development Director Aldo Schindler re: Property at 10921
Paramount Blvd., Downey, CA; Negotiating Parties: Bradenton Investment Group, LLC.; Under
Negotiation: Price and Terms.
2. Government Code Section 54956.9(d)(1) – Pending Litigation – Signal Hill, et. Al. v. Central Basin
Municipal Water District, et al., LASC Case No. 19STCP03882.
3. Government Code Section 54956.9(d)(1) – Pending Litigation – Fernando Garcia v. City of Downey,
et al., Los Angeles Superior Court, Case No. BC713683.
4. Government Code Section 54956.9(d)(1) – Pending Litigation – Joseph Barreda v. City of Downey,
et al., U.S. District Court, Central District of California, Case No. 2:19-cv-02508-DSF.
5. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title:
City Manager.
6. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation – Title:
City Attorney.
7. Government Code Section 54957(b)(1) – Public Employee Performance Evaluation Title:
City Clerk.
ADJOURNMENT
JANUARY 14, 2020
CITY COUNCIL MEETING
Special Meeting – 4:30 p.m.
Regular Meeting – 6:30 p.m.
Council Chambers
11111 Brookshire Avenue
Downey, CA 90241
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CALL TO ORDER THE REGULAR CITY COUNCIL MEETING – 6:30 P.M.
ROLL CALL: Council Members Ashton, Rodriguez, Saab, Mayor Pro Tem Frometa, Mayor Pacheco
INVOCATION: Greg Welch, Risher Mortuary
FLAG SALUTE: Viany Campa, Downey Rose Float Association Queen
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
PRESENTATIONS
1. Mayor’s Impact Award to Downey Police Officer’s Association Board.
2. Certificates of Appreciation to 68th Annual Downey Christmas Parade Volunteers.
3. Certificates of Congratulations to 2020 Used Oil Recycle Artwork Winners.
4. Presentation of City Pins to the Downey Rose Float Association 2020 Court.
PUBLIC HEARINGS
1. WATER SYSTEM 2019 PUBLIC HEALTH GOALS REPORT: Public Works.
ADOPT RESOLUTION NO. 20-______, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY APPROVING AND ADOPTING THE CITY OF DOWNEY WATER
SYSTEM 2019 PUBLIC HEALTH GOALS REPORT.
2. 2019 CALIFORNIA FIRE CODE AND DOWNEY FIRE CODE: Fire.
That the City Council adopt the following Ordinance:
ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY AMENDING CHAPTER 3, 4, 5, AND 6 OF ARTICLE III OF THE DOWNEY
MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2019 CALIFORNIA FIRE
CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE
INTERNATIONAL FIRE CODE, 2018 EDITION, WITH ERRATA, AND THOSE PORTIONS OF
THE INTERNATIONAL FIRE CODE, 2018 EDITION, INCLUDING APPENDICES A THROUGH
N 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 6.95 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.
3. 2019 BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY,
HISTORICAL BUILDING, EXISTING BUILDING, REFERENCED STANDARDS, GREEN
BUILDING STANDARDS CODE UPDATE AND NEW ADMINISTRATION BUILDING AND
HOUSING CODE: Community Development.
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That the City Council adopt the following Ordinances:
1) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 1 OF ARTICLE VIII AND ADDING A
NEW CHAPTER 1 (DOWNEY BUILDING CODE) TO ARTICLE VIII (BUILDING
REGULATIONS) OF THE DOWNEY MUNICIPAL CODE BY ADOPTING BY
REFERENCE THE 2019 CALIFORNIA BUILDING CODE AND MAKING LOCAL
AMENDMENTS THERETO;
2) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 2 OF ARTICLE VIII BY ADDING A
NEW CHAPTER 2 (DOWNEY ELECTRICAL CODE) TO ARTICLE VIII (BUILDING
REGULATIONS) OF THE DOWNEY MUNICIPAL CODE BY ADOPTING BY
REFERENCE THE 2019 CALIFORNIA ELECTRICAL CODE;
3) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 3 OF ARTICLE VIII OF THE
DOWNEY MUNCIPAL CODE BY ADDING A NEW CHAPTER 3 (DOWNEY
MECHANICAL CODE) OF ARTICLE VIII (BUILDING REGULATIONS) OF THE
DOWNEY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA
MECHANICAL CODE;
4) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 4 OF ARTICLE VIII OF THE DOWNEY
MUNICIPAL CODE BY ADDING A NEW CHAPTER 4 (DOWNEY PLUMBING CODE)
OF ARTICLE VIII (BUILDING REGULATIONS) OF THE DOWNEY MUNICIPAL CODE
BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA PLUMBING CODE;
5) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 9 OF ARTICLE VIII OF THE DOWNEY
MUNICIPAL CODE AND ADDING A NEW CHAPTER 9 (DOWNEY HISTORICAL
BUILDING CODE) TO ARTICLE VIII (BUILDING REGULATIONS) OF THE DOWNEY
MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA
HISTORICAL BUILDING CODE;
6) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 11 OF ARTICLE VIII OF THE
DOWNEY MUNICIPAL CODE AND ADDING A NEW CHAPTER 11 (DOWNEY GREEN
BUILDING STANDARDS CODE) TO ARTICLE VIII (BUILDING REGULATIONS) OF
THE DOWNEY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019
CALIFORNIA GREEN BUILDING STANDARDS CODE;
7) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 12 OF ARTICLE VIII OF THE
DOWNEY MUNICIPAL CODE AND BY ADDING A NEW CHAPTER 12 (DOWNEY
ENERGY CODE) TO ARTICLE VIII (BUILDING REGULATIONS) OF THE DOWNEY
MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA ENERGY
CODE;
8) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADDING CHAPTER 14 (DOWNEY ADMINISTRATIVE
BUILDING AND HOUSING CODE) TO ARTICLE VIII (BUILDING REGLATIONS) OF
THE DOWNEY MUNICIPAL CODE;
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9) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADDING A NEW CHAPTER 15 (DOWNEY EXISTING
BUILDING CODE) TO ARTICLE VIII (BUILDING REGULATIONS) OF THE DOWNEY
MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA
HISTORICAL BUILDING CODE;
10) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY ADDING A NEW CHAPTER 16 (DOWNEY REFERENCED
STANDARDS CODE) TO ARTICLE VIII (BUILDING REGULATIONS ) OF THE
DOWNEY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA
REFERENCED STANDARDS CODE; AND,
11) ADOPT ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING CHAPTER 13 OF ARTICLE VIIII AND ADDING A
NEW CHAPTER 13 (DOWNEY RESIDENTIAL CODE) TO ARTICLE VIII (BUILDING
REGULATIONS) BY ADOPTING BY REFERENCE THE 2019 CALIFORNIA
RESIDENTIAL CODE AND MAKING LOCAL AMENDMENTS THERETO.
4. RECEIVE PUBLIC COMMENT PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: 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 5 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 request an item be
removed. Removed items will be considered following approval of the Consent Calendar.
5. APPROVE MINUTES: Special Meeting of December 10, 2019; Regular Meetings of November 12,
2019; and, December 10, 2019: City Clerk.
6. WARRANTS ISSUED: Warrant Nos. 339241 – 339994; Payroll Wire Nos. 30003934, 30003938,
30003942 – 30003946, 30003948 – 30003953 and 30003955; Manual Wire 1935 – 1951; and,
Cashier’s Check Nos. 137 – 138 in the total amount of $13,875,978.34: Finance.
7. AWARD CONTRACT IN THE AMOUNT OF $1,699,036 TO ALL CITIES ENGINEERING, INC.
FOR THE CONSTRUCTION OF WOODRUFF AVE. WATER SYSTEM IMPROVEMENTS;
AUTHORIZE TRANSFERS OF $400,000 AND $465,000 FROM CIP WATER FUND ACCOUNT
NOS. 51-1-6799 AND 51-1-8680 TO CIP WATER FUND ACCOUNT NO. 51-1-8681 TO COVER
THE TOTAL PROJECT COST; AND, AUTHORIZE THE PUBLIC WORKS DIRECTOR TO
EXECUTE ANY CHANGE ORDERS OR ADDITIONAL SCOPE OF WORK DEEMED
NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL
IMPROVEMENT PROJECT NO. 19-01): Public Works.
8. AWARD CONTRACT IN THE AMOUNT OF $717,800 TO GENTRY BROTHERS, INC. FOR THE
CONSTRUCTION OF SAMOLINE AVE. AND MELVA ST. WATER SYSTEM IMPROVEMENTS;
AUTHORIZE TRANSFER OF $25,000 FROM CIP WATER FUND ACCOUNT NO. 51-1-8674 TO
CIP WATER FUND ACCOUNT NO. 51-1-8685 TO COVER THE TOTAL PROJECT COST; AND,
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 19-04): Public
Works.
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9. AWARD A CONTRACT IN THE AMOUNT OF $260,967.65 TO DOUG MARTIN CONTRACTING
COMPANY, INC. FOR THE FY 2019/20 SLURRY SEAL PROJECT (DISTRICT 4); APPROVE
THE APPROPRIATION AMOUNT OF $7,065 IN SENATE BILL 1 FUNDS IN ACCOUNT NO. 32-
1-6780 TO COVER THE ESTIMATED TOTAL PROJECT COST SHORTFALL; AND, AUTHORIZE
THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR
ADDITIONAL SCOPE OF WORK DEEMED NECESSARY OR DESIRABLE UP TO THE
APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 20-02): Public
Works.
10. ADOPT RESOLUTION NO. 20-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE
FINANCE DEPARTMENT: Finance.
11. ADOPT RESOLUTION NO. 20-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (JANUARY 1, 2020 –
DECEMBER 31, 2022): Human Resources.
12. ADOPT RESOLUTION NO. 20-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JANUARY 1, 2020 –
DECEMBER 31, 2022): Human Resources.
13. APPROVE BUDGET CALENDAR FOR THE 2020-21 FISCAL YEAR: Finance.
14. WAIVE ADMISSION FEES TO THE COLUMBIA MEMORIAL SPACE CENTER ON SATURDAY,
JANUARY 25, 2020, FOR SOCAL MUSEUMS FREE DAY: CMSC.
15. APPROVE THE CITY COUNCIL INTER-GOVERNMENT COMMITTEES, STANDING
SUBCOMMITTEES AND AD-HOC COMMITTEE ASSIGNMENTS FOR 2020: Mayor Pacheco.
16. APPROVE THE DONATION OF ONE FOURSOME OF GOLF AT THE RIO HONDO GOLF
COURSE TO THE DOWNEY SISTER CITIES ASSOCIATION’S FUNDRAISER RAFFLE IN
SUPPORT OF THE DOWNEY UNIFIED SCHOOL DISTRICT’S HIGH SCHOOL SCHOLARSHIP
FUND: Mayor Pacheco.
ADMINISTRATIVE REPORTS
17. PROPOSED AMENDMENT TO THE CITY OF DOWNEY CAMPAIGN FINANCE REFORM
ORDINANCE: City Attorney.
INTRODUCE ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING CHAPTER 11 (“CAMPAIGN FINANCE REFORM
REGULATIONS”) OF ARTICLE II OF THE DOWNEY MUNICIPAL CODE.
18. ELECTRIC SCOOTER PILOT PROGRAM: Community Development.
1) INTRODUCE ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DOWNEY APPROVING THE ADDITION OF SECTION 3164.1
“OPERATION OF MOTORIZED SCOOTERS ON HIGHWAYS” TO PART 8
“MISCELLANEOUS DRIVING RULES” OF CHAPTER 1 “TRAFFIC REGULATIONS”
OF ARTICLE III “PUBLIC SAFETY” OF THE DOWNEY MUNICIPAL CODE;
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2) AUTHORIZE THE MAYOR TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT, AND ANY OTHER DOCUMENTS AND AGREEMENTS NECESSARY TO
COMPLETE THE SHARED ELECTRIC SCOOTER PILOT PROGRAM WITH SUN
SCOOTER, INC.; AND,
3) AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO
THE AGREEMENT.
19. NEW SHOPPING CART CONTAINMENT REGULATIONS: Community Development.
INTRODUCE ORDINANCE NO. 20-______, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY REPEALING SECTIONS 4133, 4133.1 AND 4133.2 OF CHAPTER 1
(“DISORDERLY CONDUCT”) OF ARTICLE IV (“PUBLIC WELFARE, MORALS, AND
POLICY”) OF THE DOWNEY MUNICIPAL CODE AND ADD A NEW SECTION 4133 TO
CHAPTER 1, ARTICLE IV REGULATING SHOPPING CART CONTAINMENT CITYWIDE.
STAFF MEMBER COMMENTS
ADJOURNMENT: In memory of Apollo 1, Space Shuttle Columbia, and Space Shuttle Challenger; and,
Rosa Porto, Founder of Porto’s Bakery.
Supporting documents are available at: www.downeyca.org; City Hall-City Clerk’s Department, 11111 Brookshire
Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m. Video streaming of the meeting is available on the City’s
website. In compliance with the Americans with Disabilities Act (ADA), if special assistance is needed to
participate in this meeting, complete the City’s Title II ADA Reasonable Accommodation Form located on the
City’s website and at City Hall - City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. –
5:30 p.m., and submit to the City Clerk’s Department or contact (562) 904-7280 or TTY 7-1-1, 48 business hours
prior to the City Council meeting.
The City of Downey prohibits discrimination on the basis of disability in any of its program and services. For
questions, concerns, complaints, or for additional information regarding the ADA, contact the City’s ADA/Section
504 Coordinator at ADACoordinator@downeyca.org: Phone: (562) 299-6619; or TTY at 7-1-1.
In compliance with Title VI of the Civil Rights Act, the City of Downey prohibits discrimination of any person in any
of its program and services. If written language translation of City agendas or minutes, or for oral language
interpretation at a City meeting is needed, contact the City Clerk's Office at (562) 904-7280, or (562) 299-6619, 48
business hours prior to the meeting.
En cumplimiento con el 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 reunion 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 atencion commercial, 48 horas antes de la reunión.
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 Senior Center.
Dated this 9th day of January, 2020. Maria Alicia Duarte, CMC, City Clerk