HomeMy WebLinkAbout03b. Minutes - 01-14-20 - Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
The City Council ofthe City ofDowney held 8Regular City Council Meeting onJanuary 14.
2020. at 0:38 p.m.. in the Council Chamber of the Downey City H8U, 11111 Brookshire Avenue,
Downey, California, with Mayor Pacheco presiding.
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Council Members:
Blanca Pacheco
Claudia M. Fnnnn8to
Sean Ashton
Rick Rodriguez
Alex Saab
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Liv8S.City Manager
John OSkDUi,Assistant City Manager
Yvette M. /\biCh G8mCiG. City Attorney
VGniGhD8Rojas, ASSiGt@nt tOthe City Manager
Dean Milligan, Chief OfPolice
K8arkGi||aGpi8. Fire Chief
Aldo E. Schindler, Community Development Director
Ani|G8ndhy. Finance Director
James McQueen, Human Resources Director
Alicia OuGrte, CWYC, City Clerk
The |nvOC8UOn was delivered by Gregory Welch, Risher Mortuary. The Pledge of Allegiance
was led bvVionyCompa.Downey Rose Float Association Queen.
COUNCIL MEMBER ANNOUNCEMENTS: REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. Heacknowledged the youth inthe
audience. He announced the new vendor and upgrades tothe Rio Hondo Golf Club and invited the
audience to visit the facility for Sunday Brunch. He congratulated the C>Vxvngy Rose Float Association
winning the Founders Award otthe Tournament of Roses Parade. He encouraged the audience to
download the C}R Code to upload the Council Meeting Agenda on their electronic devices and utilize
the [>ovvneyApp to report iaauaa such as gnaffiti, street nepaira, or to retrieve information regarding the
Downey Link routes and time. Hgmentioned the County Homeless Count reported adecrease inthe
Downey homeless population from 180 to 174. He thanked staff for adjusting the speed bumps at
Discovery Pork to o||ovv for additional parking. He requested staff review n[noet conditions on
Paramount Boulevard south of Imperial Highway. He announced upcoming events: Downey Symphony
Concert and Art Show; Grand Opening of Gallatin Dental; and, Downey ||intnrioo| Society Speaker
Series with Gabriel En@mor8doofStay Gallery.
Mayor Pro Tern Fronlg1avve|oomgd the audience tothe meeting and wished everyone u Happy
New Year. She recognized the efforts of the Rose Float Association and volunteers for the amazing
award winning float. She reported attending the 2 Annual ||Urn8n Trafficking Ewen[ 8|OnQ with
representatives of the Downey Police and Fire Departments; two Neighborhood VVo[ch Meetings in
Diotrict4. She extended a special thank you to the Community Emergency Response Team and Roy
Beard for attending the nl88dOgS and providing iDfO[nl8dOO to the community aStD how tO become
involved with the team. She announced upcoming events: Clergy Council yN88Ung. Downey Symphony
City Council Minutes
Concert and Art Show; Homeless Count; and, Community Emergency Response Team training. She
mentioned the importance of being properly trained, preparing and updating an emergency kits and
knowing the emergency personnel contact information in case of a natural disaster.
Council Member Ashton welcomed the audience to the meeting. He congratulated the Downey
Rose Float Association and the volunteers for a job well done. He reported attending the California
Contract Cities Annual Sacramento Tour and reported on sessions regarding housing goals, public
safety and homeless prevention. He reported attending the Water Education for Latino Leaders and
recommended the audience attend a tour of the Water Replenishment District Albert Robles Center. He
announced upcoming events: Homeless Count, Keep Downey Beautiful Clean Up Event; and, Ribbon
Cutting of Dennis the Menace Park.
Council Member Rodriguez welcomed the audience to the meeting. He reported serving as
guest speaker for the State of the City and thanked Mayor Pacheco for allowing him to host the event.
He reported attending the Military Craft Day, Southeast Area Animal Control Authority East meeting,
Downey Care Collaborative Holiday event, Chinese Art Community Competition, and the Clergy
Council meeting.
Mayor Pacheco welcomed the audience to the first meeting of the year. She reported attending
the Shop with a Cop event and acknowledged Downey Police Officers in the audience for hosting the
event. She reported attending Breakfast with Santa and Downey Rose Float Welcoming Ceremony.
She congratulated the Downey Rose Float and volunteers for winning the Founders Award which is the
most outstanding float built and decorated by volunteers. She reported attending the California Contract
Cities Annual Sacramento Tour; and, reported on Senate Bill 50, a high density housing bill which
would allow conversion of single family residences into duplexes and potentially negatively impact
communities. She reported attending the State of the City, Human Trafficking event and thanked
Captain Murray for attending the event. She announced upcoming events: Friends of the Downey City
Library Fundraiser and announced City Hall would be closed in observation of the Martin Luther King,
Jr. Holiday.
PRESENTATIONS
1. Mayor Pacheco with assistance from Chief Milligan presented the Mayor's Impact Award to the
Downey Police Officer's Association Board.
2. Mayor Pacheco with assistance from Keep Downey Beautiful and Recycling Coordinator Carol
Rowland presented Certificates of Appreciation to the 68t" Annual Downey Christmas Parade
Volunteers.
3. Mayor Pacheco with assistance from Michael Calvert presented Certificates of Congratulations to
the 2020 Used Oil Recycle Artwork Winners.
4. Mayor Pacheco with assistance from Mayor Pro Tern Frometa and Jeremy Clifton presented City
Pins to the Downey Rose Float Association 2020 Court.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 7:41 p.m. Mayor Pacheco reconvened the
City Council meeting at 7:52 p.m. with all Council Members present.
1. WATER SYSTEM 2019 PUBLIC HEALTH GOALS REPORT: Public Works.
City Council Minutes
Regular Meeting — January 14, 2020 2
ADOPTED RESOLUTION NO. 20-7916, 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.
Mayor Pacheco opened the Public Hearing at 7:52 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member
Saab, seconded by Council Member Ashton, and so ordered by Mayor Pacheco to receive and file. City
Clerk Duarte announced no correspondence was received.
Deputy Director of Public Works, Utilities Manager Dan Mueller presented the staff report for
this item. He provided an overview of the California Health and Safety Codes requiring an agency to
prepare a Public Health Goals Report every three years when a water system has more than 10,000
service connections, He provided a summary the City's 2016, 2017, and 2018 Annual Water Quality
Reports.
Council Member Ashton referenced an article in the Los Angeles Times about water
contaminants and PFAS. He inquired about the procedures the City has implemented to address the
issue. Mr. Mueller replied currently the Regulators have not developed any Public Health Goals,
Maximum Contaminant Levels or Optional Regulatory Standard for PFAS or PFOA contaminants. In
the event that Public Health Goals or Maximum Contaminant Levels are set, staff would confirm levels
and if necessary the water from the well would be shut. Staff has been proactive in identifying alternate
options in the event that a well should require shut off. He added, fortunately the City has never had to
treat water.
Mayor Pro Tern Frometa inquired, in regards to the article in the Los Angeles Times, if staff had
taken any measures to inform residents about the City's water being safe and mitigate their concerns.
Mr. Mueller stated residents would be notified when a well is identified having unsafe levels or require
the need to conduct a well shut off. He stated the well water is safe for consumption and no actions
have been taken.
Council Member Saab inquired whether the City has the resources to conduct an immediate
well shut off and asked what are the chances of plume entering Downey's water. Mr. Mueller confirmed
the current water levels are safe for consumption and staff does have the necessary resources to
conduct an immediate shut off of a well. He explained the various sources of plume, how plume would
contaminate the water and identified the contaminated surrounding cities.
Mayor Pacheco opened this item for public comment at 8:01 p.m.
Armando Herman, resident, commented regarding water contaminates and treatment plan; and,
political leaders.
Having no one else come forward, Mayor Pacheco closed the public hearing at 8:07 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to adopt Resolution No. 20-7916, 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.
Mayor Pacheco announced the scheduled Public Hearing Item Nos. 2 and 3 would not be
considered tonight and are being continued to the Regular City Council Meeting of February 11, 2020,
at 6:30 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to continue Public Hearing Item Nos. 2 and 3 to the Regular City Council Meeting of
February 11, 2020, at 6:30 p.m.
City Council Minutes
Regular Meeting — January 14, 2020 3
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.
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 VI11 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;
City Council Minutes
Regular Meeting — January 14, 2020 4
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;
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. RECEIVED PUBLIC COMMENT PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME INVESTMENT PARTNERSHIP GRANT PROGRAMS: Community
Development.
Mayor Pacheco opened the Public Hearing at 8:08 p.m.
City Clerk Duarte affirmed receipt of the Proof of Publication. It was moved by Council Member
Saab, seconded by Mayor Pro Tern Frometa, and so ordered by Mayor Pacheco to receive and file.
City Clerk Duarte announced no correspondence was received.
City Council Minutes
Regular Meeting — January 14, 2020 5
Director Schindler presented the staff report for this item. He provided an overview of the U.S.
Department of Housing and Urban Development's requirements to receive federal grants and the
specific activities in which the grants can be used. He reviewed the funding received in FY 2019-20 and
reviewed the programs that received allocations from the Community Development Block Grant and
HOME Investment Partnership Program Budgets for FY 2019-20. He reviewed the funding the City
expects to receive in FY 2020-21. He stated the goal is to receive as much community input and he
provided the scheduled dates for upcoming Community Development Block Grant and HOME
Investment Partnership Program Community Meetings, marketing strategy and the next Public Hearing.
Mayor Pacheco opened this item for public comment at 8:13 p.m.
Armando Herman, resident, commented regarding federal regulations, funding and audits to
prevent a deficit; and, political figures.
Having no one else come forward, Mayor Pacheco closed the public hearing at 8:37 p.m.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to receive and file public comment pertaining to the Community Development Block Grant
and Home Investment Partnership Grant Programs.
NON -AGENDA PUBLIC COMMENT
Mayor Pacheco opened non -agenda public comment.
Alan D. Halstensgaard, commented against abortion.
Armando Herman, resident, commented regarding elimination of homelessness, Freedom of
Speech, Second Amendment Rights, political leaders and need for family unity.
John Lacey, resident, commented regarding the first Latina Mayor; opposition to Senate Bill 50;
and, in support of reducing the time allowed to each speaker during public comment periods.
Having no one else come forward, Mayor Pacheco closed non -agenda public comment.
Mayor Pacheco announced the City submitted correspondence in opposition to Senate Bill 50
unless amended.
City Manager Livas commented regarding the City's efforts to oppose high density housing and
mentioned the alternatives being recommended. He stated the City's efforts to retain local jurisdiction
regarding housing issues and acknowledges the housing crisis.
CONSENT CALENDAR
Mayor Pacheco asked if there was anyone present who would like to comment on Consent
Calendar items.
and 16.
Armando Herman, resident, commented regarding Item Nos. 5, 7, 8, 9, 10, 11, 12, 13, 14, 15,
Having no one else come forward, Mayor Pacheco closed public comment.
Council Member Saab abstained from Item No. 5, meeting minutes of November 12, 2019.
Council Member Rodriguez abstained from Item No. 9, due to owning property within the vicinity
of the project.
City Council Minutes
Regular Meeting — January 14, 2020 6
Council Member Ashton abstained from Item No. 16, due to his spouse being a member of the
organization.
It was moved by Council Member Saab, seconded by Council Member Ashton, and approved
unanimously with Council Member Saab abstaining from Item No. 5, Council Member Rodriguez
abstaining from Item No. 9, and Council Member Ashton abstaining from Item No. 16, to approve the
Consent Calendar.
5. APPROVED 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. AWARDED CONTRACT IN THE AMOUNT OF $1,699,036 TO ALL CITIES ENGINEERING, INC.
FOR THE CONSTRUCTION OF WOODRUFF AVE. WATER SYSTEM IMPROVEMENTS;
AUTHORIZED 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, AUTHORIZED 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. AWARDED CONTRACT IN THE AMOUNT OF $717,800 TO GENTRY BROTHERS, INC. FOR
THE CONSTRUCTION OF SAMOLINE AVE. AND MELVA ST. WATER SYSTEM
IMPROVEMENTS; AUTHORIZED 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, AUTHORIZED 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.
9. AWARDED 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); APPROVED 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, 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. 20-02): Public Works.
10. ADOPTED RESOLUTION NO. 20-7917, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE
FINANCE DEPARTMENT: Finance.
11. ADOPTED RESOLUTION NO. 20-7918, 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. ADOPTED RESOLUTION NO. 20-7919, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
City Council Minutes
Regular Meeting — January 14, 2020 7
OF DOWNEY AND THE DOWNEY FIRE MANAGEMENT ASSOCIATION (JANUARY 1, 2020 —
DECEMBER 31, 2022): Human Resources.
13. APPROVED BUDGET CALENDAR FOR THE 2020-21 FISCAL YEAR: Finance.
14. WAIVED ADMISSION FEES TO THE COLUMBIA MEMORIAL SPACE CENTER ON SATURDAY,
JANUARY 25, 2020, FOR SOCAL MUSEUMS FREE DAY: CMSC.
15. APPROVED THE CITY COUNCIL INTER -GOVERNMENT COMMITTEES, STANDING
SUBCOMMITTEES AND AD -HOC COMMITTEE ASSIGNMENTS FOR 2020: Mayor Pacheco.
16. APPROVED 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.
INTRODUCED 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.
City Attorney Abich Garcia presented the staff report for this item. She provided an overview of
Downey's Campaign Finance Reform Regulations adopted in 2011; and, the changes in State Law
regulating campaign contribution and voluntary expenditure limits. She presented the proposed
amendments to the City's ordinance where contribution limits can no longer be tied to voluntary
expenditure limits in order to comply with State Law. She explained should a candidate accept the
voluntary expenditure limits the Notice of Nominees for Public Office will have a prominent designation
in the newspaper publication and posted on the City's website.
Council Member Ashton inquired if the designation would be similar to a footnote as in the past.
City Clerk Duarte confirmed the use of an asterisk and a footnote was used in the past on the Notice of
Nominees for Public Office that is published in the newspaper and posted on the City's website. She
stated the designation is not published in the Sample Ballot booklet.
City Manager Livas stated it is up to the Council's preference and offered a highlighting
alternative in addition to the asterisk and footnote.
Council Member Ashton stated he does not believe a mere prominent designation without a
monetary incentive provide sufficient motivation for a candidate to accept the voluntary expenditure
limits.
City Attorney Abich Garcia explained the contribution limits and voluntary expenditure limits
would remain the same as in the last publication of February, 2019. She explained the original
language allowed required the Consumer Price Index calculation to be rounded to the nearest one
thousand dollars which did not keep pace with inflation. The new language would allow the rounding to
the nearest one hundred dollars. She explained the addition of a time period by adding language to
allow for a candidate to rescind their Statement of Acceptance of Voluntary Expenditure Limits within 15
days after nomination papers are filed with the City Clerk; and, language added to include the
Consumer Price Index escalator to loan cap of $15,000.
City Council Minutes
Regular Meeting — January 14, 2020 8
Council Member Ashton inquired if there were any repercussion if the voluntary expenditure
limits were exceeded. City Attorney Abich Garcia explained the penalty provision in the ordinance
allows for civil penalties and criminal prosecution. She elaborated on the process that had been
conducted in past violations to allow the candidate to remedy the violation.
Council Member Ashton inquired if the State has an expenditure limit and if there is no limit what
would entice a candidate to accept voluntary limits and to self -regulate. City Attorney Abich Garcia
responded the State does not have a cap on expenditures. She explained that reports have been
conducted to show that a candidate may chose the voluntary expenditure limits to appear favorable to
interest groups and voters.
Council Member Saab suggested to remove the Consumer Price Index escalation from
Personal Loans and that the Expenditures Limits be increased for Districts 1 - 4 to $35,000 and District
5 to $60,000.
Discussion ensued amongst Council regarding continuing to include the option of accepting
Voluntary Expenditure Limits in the ordinance; how many candidates accepted the Voluntary
Expenditure Limits in past elections; and, how many elected officials received inquiries from the public
regarding accepting Voluntary Expenditure Limits.
Mayor Pacheco inquired what the Consumer Price Index calculation would be had the
Contribution Limits been factored to the nearest one hundred since 2013. City Attorney Abich Garcia
advised the calculations had not been calculated and provided an example of the amounts for the past
two years showing no change.
Council Member Saab recommended removal of the Consumer Price Index calculation from the
Contribution Limits. City Attorney Abich Garcia confirmed the Consumer Price Index calculation would
be removed and Districts 1 — 4 would remain $1,000 and District 5 would remain $2,000.
Mayor Pro Tern Frometa requested a substantial increase to the Expenditure Limits considering
the rising cost to conduct an effective mailer. She recommended Voluntary Expenditure Limits
increased for Districts 1 - 4 to $38,000 and District 5 to $60,000.
Council Member Saab recommended a higher increase to the Voluntary Expenditure Limits of
$40,000 to Districts 1 - 4 and $65,000 to District 5.
City Attorney Abich Garcia confirmed the Voluntary Expenditure Limits would be increased to
$40,000 for Districts 1 - 4 and $65,000 for District 5 and the Consumer Price Index calculation would be
rounded to the nearest one hundred. She confirmed Personal Loans would remain at $15,000 and the
Consumer Price Index escalator would be removed.
City Attorney Abich Garcia read the following amendments to the Ordinance into the record:
Section 2943(b)(1) Campaign Contribution Limitations and Section 2943(b)(2) removed contribution
adjusted annually following the November, 2020 election in accordance with Subsection (b)(3);
Subsection 3 will be deleted in its entirety so that contribution limits will not be increased by the
Consumer Price Index; Subsection 4 will now change to Subsection 3; Section 2944 Loans Subsection
(c) the Consumer Price Index language will be deleted; Subsection (d) will change to Subsection (c);
Section 2945 Voluntary Expenditure Limits for Districts 1 - 4 to $40,000 and District 5 to $65,000. She
asked to make a motion to introduce the first reading of the ordinance as amended after taking public
comment.
Mayor Pacheco asked if there was anyone present who would like to comment on this item.
City Council Minutes
Regular Meeting — January 14, 2020 9
Armando Herman, resident, commented regarding the Consumer Price Index increases,
enforcement of the Political Reform Act and Americans with Disability Act.
Having no one else come forward, Mayor Pacheco closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to introduce 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 as amended by
the City Council.
18. ELECTRIC SCOOTER PILOT PROGRAM: Community Development.
1) INTRODUCED 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;
2) AUTHORIZED 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) AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO
THE AGREEMENT.
Director Schindler presented the staff report for this item. He provided a summary of the
Request for Qualifications process and the necessary amendment to the Downey Municipal Code to
comply with the State of California's regulations related to scooters. He stated the Request for
Qualifications was distributed to eleven firms and Sun Scooter, Inc. was the only firm that responded.
He provided an overview of the Electric Scooter Pilot Program, the scooter rental requirements
including age requirements, the built in app which includes Geo fencing to regulate the area allowed to
utilized the scooter and controls speed, how the app allows the company to track the location of the
scooters to ensure the scooters remain within the allotted area, and to locate the scooter for regular
maintenance.
Council Member Saab asked about scooters randomly left on sidewalks and who would be
responsible for retrieving the scooters and relocating them to the proper location. Director Schindler
confirmed the company would be alerted if the scooter's position reaches a 60 degree angle and will
send someone to retrieve the scooter.
Discussion ensued amongst Council regarding alternative routes, potential drop-off and pick-up
locations, and modification to the ordinance allowing motorized scooters on City streets with higher
speed limits.
Director Schindler provided an overview of the State of California's restrictions regulating the
scooters which prohibits scooters to be ridden on sidewalks, on streets in excess of 25 miles per hour
unless an ordinance is adopted to allow the scooters to be ridden on street with speed limits of 25-35
mile an hour, it restricts the speed limits of scooters unless they are ridden in bike lanes with Class 2 or
4 bike lanes which the City does not have. He explained how these restrictions were factored in when
creating the Geo fencing for the 90 day pilot program while remaining compliant with Americans with
Disabilities Act. He mentioned other cities were surveyed to retrieve as much information to create an
effective program.
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Regular Meeting — January 14, 2020 10
Mayor Pro Tern Fmmsta expressed her concerns for potential liability tothe City, the City not
having a large enough area to have an effective program, and the existing excessive speeding issues
within the Geo fencing area.
Mayor Pacheco inquired how the company monitors the rider meets the age requirement to
operate the scooter. Director Schindler explained a valid California Driver's License is required to be
scanned in order to activate the scooter prior to accepting payment.
Director Schindler explained the ataoa to iDlD|8meOt the pilot p[OQ[8Dl and diSbu[SODleD1
schedule of the scooters. The first 50 scooters will be deployed on February 28 and an additional 50
scooters to be deployed on K8onnh 21 and the ppngronn would conclude on MGy29. He stated should
the pilot pnoQnann be auooeaafu| then staff would conduct a review of the program to establish
recommendations fora permanent program to include a larger Geo fencing and determine if fees
should b8increased.
COUDCi| Member Saab inquired 8bOUL indemnification. Di[8C1O[ Schindler stated that the
Professional Services Agreement had been reviewed by the Cit/a Risk Manager who assured the City
would be indemnified from any liability including any miscellaneous acts O[incidents that may occur
while riding the scooters.
City Attorney AbichG8rcia stated that there was language included in the indemnification to
cover any Americans with Disability Act C|oimS and should the City receive a claim the liability would
shift to Sun Scooter, Inc.
Council Member Rodriguez inquired where the company is based. Director Schindler confirmed
the company iebased out nfLos Angeles.
Julio Godinu. Representative for Sun Scooter, Inc., introduced Kevin E||iaun, one of the
founders, and Mack, IT Developer. He provided an overview Ofthe company's plan to ensure that three
technicians will be inthe City 24 hours 8day, 7days 8week in real time. HOstated the company's goal
is to have a warehouse in the City of Downey should the program become permanent.
Council Member Rodriguez asked how the helmet |avv applies to scooters. Kevin Ellison
confirmed the helmet regulations are available on their App and currently helmets are not required to
ride on a scooter per California State Law huvvever, helmet rentals are offered in the App and will be
delivered byoteam member ifrequested.
Mayor Pro Tern Frometa requested Chief Milligan provide safety information related to scooter
accidents. Chief Milligan confirmed the Police Department would respond an they would to o bike
accident. Haestimated based onbike accident calls that itwould beminimal.
Mr. Godino stated in comparisonto the City of Long Beach which operates 5.00scooters the
company decided [n be conservative in implementing the program and decided to begin with only 100
scooters. He stated if the pnngn8nn becomes permanent the rnoxinnunn vvOu|d be mapped at no more
than 20Uscooters within the City.
Mr. Godino stated his team has created @ rebalancing to utilize control in real time and o rider
will be penalized if they continuously ride outside the approved Geo fence. He stated their technology is
quite effective to reduce theft.
Mayor Pacheco asked if there was anyone present who would like to comment on this item.
Armando Hemon, resident, commented regarding the potential for liability on the City of
Downey, Americans with Disability Act compliance and individuals riding on public right -a -ways.
City Council Minutes
Having no one else come forward, Mayor Pacheco closed public comment.
It was moved by Council Member Saab, seconded by Council Member Rodriguez and approved
4-1-0, with Mayor Pro Tern Frometa voting no to introduce 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; 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, authorize the City Manager to execute any and all amendments to
the agreement
19. NEW SHOPPING CART CONTAINMENT REGULATIONS: Community Development.
INTRODUCED 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
Director Schindler presented the staff report for this item. He provided a brief history of the
current Downey Municipal Code and the nuisance shopping carts have imposed on the City.
RECESS/RECONVENE
Mayor Pacheco recessed the City Council meeting at 10:24 p.m. Mayor Pacheco reconvened
the City Council meeting at 10:29 p.m. with all Council Members present.
Director Schindler provided an overview of the proposed Shopping Cart Containment
Regulations, the need stronger regulations and implementation of a Shopping Cart Containment Plan
for businesses to adhere to. He stated that businesses will be required to create their own containment
plan and present their plan for approval. He reported staff surveyed Cities that do not have shopping
cart nuisance issues due to requiring businesses to have shopping containment plan. He explained the
various options that businesses could choose from to create a plan. Those options include disabling
mechanisms on the shopping carts with magnetic strips, required a security deposit to enable the cart
to mobilize or a cart security guard to monitor the carts from leaving the premises. He mentioned that
either the disabling mechanisms or security deposit system proved to be the most cost effective. He
stated each plan would require additional elements to include cart maintenance, a detailed cart retrieval
service to be conducted every 24 hours, and employee training concerning the Shopping Cart
Containment Plan.
Council Member Ashton inquired about the time frame to implement a plan once approved.
Director Schindler replied the plan would require immediate implementation.
Director Schindler provided a brief overview of the overall time that would be allotted to the
businesses should the ordinance be approved. He stated the businesses would have 90 days to apply
for a Shopping Cart Containment Plan and pay the nominal initial fees, once plans are reviewed and
approved the business will have 30 days to implement their plan. Staff has added an appeal process for
those instances in which a plan is denied. He mentioned for the businesses that do not adhere to the
ordinance it will trigger a Code Violation, and businesses could ultimately be subjected to a
misdemeanor offense.
Mayor Pacheco asked how many businesses would be affected. Director Schindler replied 26
businesses would be required to adhere to the ordinance.
Mayor Pacheco asked if there was anyone present who would like to comment on this item.
City Council Minutes
Regular Meeting — January 14, 2020 12
Armando Herman, resident, commented regarding public welfare and utilization of shopping
carts by the homeless.
Having no one else come forward, Mayor Pacheco closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa, and approved
unanimously to introduce 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: None.
ADJOURNMENT
Mayor Pacheco adjourned the regular City Council meeting at 10:55 p.m. in memory of Apollo 1,
Space Shuttle Columbia, and Space Shuttle Challenger; Rosa Porto, Founder of Porto's Bakery; Susan
Palmer, 61 Year Old School Teacher and Sister of Downey Fire Battalion Chief Whitney; and, Amber
Joy Liest, 41 Year Old L.A. County Sheriff's Detective Killed Off -Duty while Assisting an Elderly Lady
Cross the Street.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor Pro Tern
City Council Minutes
Regular Meeting — January 14, 2020 13