HomeMy WebLinkAboutMinutes 02-11-20 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
FEBRUARY 11, 2020
The City Council of the City of Downey held a Regular City Council Meeting on February
11, 2020, at 6:36 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire
Avenue, Downey, California, with Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco Mayor
Claudia M. Frometa Mayor Pro Tern
Sean Ashton Council Member
Rick Rodriguez Council Member (excused)
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Mark Gillaspie, Fire Chief
Aldo E. Schindler, Community Development Director
Anil Gandhy, Finance Director
Delfino Consunji, Public Works Director
Pam Passow, Parks and Recreation Director
James McQueen, Human Resources Director
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Nolveris Frometa, Planning Commissioner. The Pledge
of Allegiance was led by Andre Lucas, Downey High School Student.
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Council Member Saab welcomed the audience to the meeting. He acknowledged
Nolveris Frometa, Superintendent Dr. John Garcia and Michael Calvert in the audience. He
announced the upcoming 5K for TLC Love Run/Walk event. He reminded the audience that
trash would be picked on President's Day. He reported attending the Independent Cities
Association's 61st Annual Winter Seminar and reported on the session regarding cyber security
and the importance of keeping up to date on the newest security trends.
Mayor Pro Tern Frometa welcomed the audience to the meeting. She acknowledged
Superintendent Dr. John Garcia, Michael Calvert, and Nolveris Frometa in the audience. She
reported attending Lewis Elementary School's Grand Opening of the "All Star Studio" and
toured the Robotics' area. She thanked Principal Allison Box for ensuring Downey students are
exposed to the new technology. She reported attending the Independent Cities Association's
61st Annual Winter Seminar and reported the seminar's main focus was on public safety. She
thanked Council colleague and President Elect Sean Ashton for the phenomenal job he is doing
with Independent Cities Association. She mentioned the City of Downey was the most well
represented City at the seminar and thanked City Manager Livas, Assistant City Manager
Oskoui, Chief of Police Milligan and Fire Chief Gillaspie for their attendance. She thanked
Emergency Manager Rakdy Khlok for her presentation at the seminar on Emergency
City Council Minutes
Regular Meeting - February 11, 2020
Management. She reported attending the Grand Opening of Dennis the Menace Park. She
thanked Assistant City Manager Oskoui and Director Passow for their efforts to ensure the
completion of the Measure S Park Construction Projects. She mentioned she had received
complaints from residents regarding the conditions of the medians on Paramount Boulevard and
Firestone Boulevard. She requested additional police patrolling on True Avenue south of
Telegraph Road; and, installation of stop signs at True Avenue and Telegraph Road. She
requested staff provide alternative options to address the increased traffic and speeding on
Pangborn Avenue between Firestone Boulevard and Florence Avenue due to construction.
City Manager Livas responded that an item was on the agenda to request authorization
to solicit construction bids for the medians on Paramount Boulevard. He explained the projecl
was to be completed with grant funding from the State; however, the funds were shifted t*
another account at State level.
Council Member Ashton welcomed the audience to the meeting. He reported attending
the Independent Cities Association's 61s' Annual Winter Seminar as the President Elect. He
reported on the most attended session, the City of Bellflower's report on their progress to
combat homelessness; and, the Bellflower's enforcement of camping laws and providing
temporary shelters. He thanked Emergency Manager Rakdy Khlok for her Emergency
Management presentation at the seminar. He announced the upcoming Keep Downey Beautiful
Clean Up event. He requested a briefing regarding speed limits monitoring control.
Mayor Pacheco welcomed the audience to the meeting. She acknowledged the Police
Officers and Firefighters in the audience. She reported attending the Independent Cities
Association's 61't Annual Winter Seminar; and, reported on the emergency preparedness
session. She stated the importance of being prepared for the next earthquake. She stated the
Citv is fortunate to have their own CERT Program for its residents- She reported attending the
City Council Goal Setting Retreat and mentioned the City Council focused on providing needed
services to our residents and ensuring the quality of life is great and fun. She reported attending
the Downey Police Department's Citizens Academy and mentioned during the classes the
residents learn the Police Officers' daily duties. She also attended the reopening of Denise the
Menace Park.
1. Mayor Pacheco with assistance from Dr. John Garcia, Superintendent; Kelsey Simpson,
Downey High School Assistant Principal; and, Sam Jebananthan presented the Mayor's
Impact Award to Downey Unified School District students for performing a good deed.
2. Mayor Pacheco with assistance from Chief Milligan, Sean Youngblood and Sergeant Jaime
Pelayo presented a Certificate of Recognition to Downey Police Officers for becoming
Tactical Medics.
3. Council Member Ashton presented a Certificate of Appointment to Madison Munguia, Public
Works Committee, District 2.
Mayor Pacheco recessed the City Council meeting at 7:17 p.m. Mayor Pacheco
reconvened the City Council meeting at 7:30 p.m. with all Council Members present and Mayor
Rodriguez excused.
City Council Minutes
PUBLIC HEARINGS
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Adopted the following Ordinance:
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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.
Assistant Fire Chief Jay Ibey presented the staff report for this item. He provided a brief
overview of the history of the California Fire Code. He stated the Fire Code is updated every
three years to stay consistent with the California Code of Regulations, Title 24, Part 9. He
provided an overview of the updates affecting the City of Downey's Fire Code as system safety
requirements for energy generation and storage facilities; large outdoor assembly events over
1,000 people allowing the Fire Official to establish an occupancy load requiring a safety and
weather manager; and, door locking arrangements to keep intruders from entering educational
occupancies. Local jurisdictions may establish more restrictive building standards based on
local climatic, geological, or topographical conditions. The proposed action will adopt all
sections of the 2019 California Fire Code. Minor changes are proposed to be consistent with the
most current Downey Municipal Code. The local amendments to the technical provisions of the
California Fire Code proposed for adoption as summarized. Noteworthy issues with the Fire
Code adoption are found in Sections 3300-3312, 3327, and 3329. After evaluating these
sections, it was concluded the Downey Municipal Code required amendments identifying Fire
Lanes, radio communications systems and testing requirements.
Council Member Saab inquired if all events with over 1,000 attendees are required to
have a Weather Manager. Assistant Fire Chief Ibey confirmed a Weather Manager would be
required at the Fire Official's discretion.
Mayor Pacheco opened this item for public comment at 7:36 p.m.
Armando Herman, resident, commented regarding Revenue and Tax Codes; Downey
Municipal Code; effective energy storage facilities; rolling blackouts; proper emergency storage
and release of hazardous materials; and, locking mechanisms at educational facilities.
City Council Minutes
Regular Meeting — February 11, 2020
Having no one else come forward, Mayor Pacheco closed the Public Hearing at 7:40
It was moved by i Member .. i. seconded by f • `PP • Tern Frometa,and
approved unanimously with Council Member Rodriguez excused to adopt Ordinance No. 20-
Ordinance of - City Councilof - City of Downey - • • Chapterand •
of Article III of the Downey Municipal Code, through Adopting by reference the 2019 California
Fire ••`(Californiad of Regulations,- 24, '. 9), based on - International
Code,i18 Edition,errata,i those portions of - International Fire Code, 2018 Edition,
inciuding Appendices A through N, together with certain additions, insertions, deletions and
changes ` is for the purpose of prescribing - i • governing conditions hazardousis
the life and property from fire or explosion; and Adopting Chapter 6.95 of California Health and
Safety Code forthe purpose of prescribing - • '.'.. i - governing • • •hazardous to life
and property from the handling, use, storage or release of hazardous materials or hazardous
COUNCIL
1) ADOPTED ORDINANCE NO. 20-1425, AN ORDINANCE OF THE CITY
OF OF DOWNEY REPEALING CHAPTER I OF
ARTICLE Vill r ADDING A NEW CHAPTER 1 (DOWNEYBUILDING
MUNICIPALCODE) TO ARTICLE Vill (BUILDING REGULATIONS) OF THE DOWNEY
•rE BY ADOPTING BY REFERENCE .,
CALIFORNIArING CODE AND MAKING LOCALAMENDMENTS
THERETO;
r ADOPTED ORDINANCE NO. ORDINANCE OF
COUNCILOF OF DOWNEY REPEALING CHAPTER 2 OF
ARTICLE Vill BY rr(DOWNEY ELECTRICAL
MUNICIPALCODE) TO ARTICLE Vill (BUILDING REGULATIONS) OF THE DOWNEY
•r, ADOPTING REFERENCE 0,
CALIFORNIA ELECTRICALCODE;
ADOPTED ORDINANCE NO. ORDINANCE OF THE Cl
COUNCILOF OF DOWNEY REPEALING CHAPTER 3J
ARTICLE Vill OF DOWNEY MUNCIPAL CODEr'r
CHAPTER 3 (DOWNEY MECHANICALCODE)ARTICLE
B-
ADOPTING BY REFERENCE THE 2019 CALIFORNIA
CODE;
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City Council Minutes
Regular Meeting — February 11, 2020 4
Building Official Richard Hicks presented the staff report for this item. This item is to
consider adoption of the City's 2019 California Building Code. He provided a brief background
regarding the Building Code being a collection from three types of building standards including,
California Legislation, National Model Codes, and amendments by the State's Building
Standards Commission. The Building Standard Commission adopts these building regulations
every three years. He provided an overview of the regulations that affect the City as follows:
ship ladders for lofts and mezzanines in areas up to 200 square feet; interconnected carbon
monoxide alarms are no longer required where a wireless alarm is installed and all alarms
sound upon activation of one; requiring a 36 inch pathway from an emergency escape window
where solar panels are installed on the lower roof; and, solar shingles shall have the same fire
classification required for regular shingles. The proposed local amendments are structural
requirements consistent with local Los Angeles County cities. He summarized the local
amendments to be adopted as Building Code Sections 8000-8029 and Section 8030,
Residential Code Sections 8993-8999.17 and Administrative Building and Housing- Code
Sections 8999.20-8999.48. He mentioned the following codes are proposed for adoption withoul
amendments: Electrical Code Section 8101, Mechanical Code Section 8201, Plumbing Code
Section 8301, Historical Building Code Section 8807, Green Building Standards Code Section
8985, Energy Code Section 8990, Existing Building Code Section 8999.50, and Referenced
Standards Code Section 8999.60. The modifications are being made to the Building and
Residential Sections of the Codes since the City of Downey is in a liquefaction area and within a
large seismic zone.
Council Member Ashton asked for additional information regarding Building Code
Section 8030 pertaining to Intermodal Shipping Containers being repurposed for use as building
structures in the City of Downey. Director Schindler stated that the repurposing of shipping
containers is part of a creative trend coming to local governments driven by the State. The
shippil containers have been used in retail and commercial structures. The Buildina Code is
being less restrictive by allowing containers to be utilized in urbanized residential �tructures.
The code's intention is when the containers is used the container will withstand seismic activity;
fire; and, facilitates electrical, plumbing, and so forth.
Armando Herman, resident, commented in opposition of the 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; and, the safety of Firefighters.
Council Member Saab inquired if the ordinances being proposed are in accordance with
State Regulations. Director Schindler confirmed the proposed ordinances are in accordall
with State Regulations with the exception of the stringent amendments to Building Code
Sections 8000-8029 and 8030; and, Residential Code Sections 8993-8999.17 which were
determined by the region. He stated our region is more conservative based on seismic activity
to be able to withstand shaking.
It was moved by Council Member Saab, seconded by Council Member Frometa and
approved unanimously with Council Member Rodriguez excused to adopt the following
City Council Minutes
Alan D. Halstensgaard, commented regarding a bible verse.
Armando Herman, resident, commented against changing speaker time limits during
public comment periods; Freedom of Speech; Presidential impeachment; political leaders; and,
homelessness.
Hector Schmidt, resident, commented regarding his personal efforts to clean and sweep
in the surrounding areas of Rancho Los Amigos Golf Course, Stauffer Middle School, Apollo
Park • on Dand, •••• neighbor • l
John Lacey, resident, commented regarding acknowledging the undefeated San Diego
State University's Aztecs Basketball Team;flsuggestedeveryonetelltheir- b-..
they are loved.
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Mayor Pacheco asked if there was anyone present who would like to comment on
Consent Calendar items.
Armando Herman,resident,.mmented regarding the January 28, 2020 City Council
Meeting - and, Item f • • 10, 11 and and, requested to review
City records to be destroyed.
City Attorney Abich Garcia pulled Item No. 10, after receiving a verbal Public Records
Request from a resident to review the records to be destroyed.
Council Member Saab abstained from Item No. 5.
It was moved by -Saab, seconded by -
approved unanimously with Council Member Saab abstaining from Item No. 5, Council Member
Rodriguez excused, and Item No. 10 pulled to approve the Consent Calendar.
K. APPROVED MINUTES: Special Meeting Minutes120; Regular Meeting
Minutes of January 14 and January 28, 1Clerk.
ISSUED:4. WARRANTS • 4i441 ,•; Payroll Wire Nos.ii ••
30003962 • 101 ••• and, Manual Wire Nos.961 ••• in the total amountof
i i• ••Finance.
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City Council Minutes
Regular Meeting — February 11, 2020 7
Youth Commission Chair Paula Zepecla provided the staff report. She presented a video
outlining the formation and goals of the Downey Youth Commission. The Downey Youth
Commission has volunteered 70 hours at various City events, including the City's Pumpkin
Patch, One Day of Service, Tree Lighting, and Home decorating Contest. Additionally,
Commissioners have attended City Council meetings to become more familiar with the City.
The presentation included key Youth Issues the Commission will focus on during this term. The
presentation provided an overview of projects either conducted or upcoming to address specific
issues such as Civic Engagement: Voter Registration events at High Schools, Mock Census
2020 and Student Government Day; Youth Engagement: Instagram Photo Contest; Inclusivity:
Circle of Friends - Adaptive Program; Mental Health and Wellness: May - Mental Health Month
event/program; and, Sustainability: Tree planting during the One Day of Service events.
Mayor Pro Tern Frometa congratulated the Youth Commission on their involvement in
the Community.
Mayor Pacheco thanked Chair Zepecla and all the Commissioners for a wonderful
presentation and for their commitment to the community. She mentioned she is looking forward
to more presentations on the Commission projects.
City Manager Livas thanked Chair Zepecla for the presentation. He explained the Youth
Commission is focused on the topics identified by the City Council by having them engaged in
more substantive discussion and entertain more in-depth topics. He provided examples of the
topics as Mental Health and Wellness, Registration of Voters and Census 2020 to provide
experience and exposure to Downey's Youth. He thanked Assistant to the City Manager De
Rojas for a phenomenal job with her work with the Commission.
Council Member Ashton congratulated the Commissioners and Assistant to the City
Manager De Rojas for pushing the bar and the tremendous job they have done.
Council Member Saab inquired if there were any additional issues or ideas the
Commissioners would like to have added to improve the program. Chair Zepeda responded that
there are many ideas which will be discussed at the upcoming Youth Commission meeting.
Mayor Pacheco asked if there was anyone present who would like to comment on this
item.
Armando Herman, resident, commented regarding the Youth Commission's
accomplishments, leadership, and family structure.
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 with Council Member Rodriguez excused, to receive and file the report
on Downey Youth Commission update.
14. SALARY RANGE ADJUSTMENT FOR FIRE CHIEF: Human Resources.
ADOPTED RESOLUTION NO. 20-7928, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY • l• ESTABLISHING COMPENSATION FOR THE POSITION •
FIRE CHIEF
Director McQueen provided the staff report. He presented a brief history regarding the
Memoranda of Understanding and recent negotiations with Downey Fire Management
Association which provided for three across-the-board range adjustments during the term of the
City Council Minutes
Regular Meeting - February 11, 2020 9
agreement as follows: 2% effective January 1, 2020; 2% effective January 1, 2021 and, 2%
effective January 1, 2022. As related to Resolution No. 5290, the Management Performance
compensation Plan providing cost -of -living increases to be no less than that granted to the rank
and file employees in their department. He reported Senate Bill 1436 requires local agencies
report out certain information before changing the compensation or benefits of their
It executives". Legislative bodies for agencies must orally report a summary of a recommendation
for changes in salaries or benefits before voting for any change during open session of the
meeting. He reported the current monthly salary range for the position of Fire Chief is
$16,062.11 to $19,595.78. The proposed salary increase for the position of Fire Chief is to
correspond with cost -of -living increase in the Downey Fire Management Association
Memoranda of Understanding effective pay period that includes January 1, 2020 $16,383.34 to
$19,987.70; January 1, 2021 $16,711.02 to $20,387.45; and, January 1, 2022 $17,045.24 to
$20,795.20. All other benefits are in accordance with Resolution No. 18-7799.
Mayor Pacheco asked if there was anyone present who would like to comment on this
itei-tt.
Armando Herman, resident, commented regarding his support of a higher percentage
-ncrease for the Fire Chief; and, the protection of health and safety of public servants.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and
approved unanimously with Council Member Rodriguez excused, to adopt Resolution No. 20-
7928, a Resolution of the City Council of the City of Downey establishing compensation for the
position of Fire Chief.
15. APPROVED THE COMPENSATION ADJUSTMENT FOR THE CITY MANAGER IN
ACCORDANCE WITH AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT:
Human Resources.
Director McQueen provided the staff report. He presented a brief overview of Senate Bill
1436 mandating local agencies requirement to report out information before changing the
compensation or benefits of their executives. Legislative bodies for agencies must orally report
a summary of a recommendation for changes in salaries or benefits before voting for any
change during open session of the meeting. He reported on February 23, 2016, the City Council
approved Amendment No. 2 to the Employment Agreement with City Manager Gilbert Livas. In
accordance with Section 1(B) of the amendment an adjustment increasing Mr. Livas' annual
salary by 5% effective the pay period including January 15, 2020. This adjustment increases Mr.
Livas' annual salary to $281,650.61 to establish and maintain a minimum of 5% total
compensation differential between Mr. Livas and the next highest paid employee, the Police
Chief.
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Council Member Ashton stated he calculated the 5% increase as $13,411.93 and noted
the fiscal impact reflected on the Agenda Memo is $9,465 leaving a difference of $3,946.93.
Director McQueen stated the fiscal impact is calculated at the 5% increase for the remainder of
the fiscal year based off the effective date of January 15, 2020.
City Council Minutes
Regular Meeting — February 11, 2020 10
It was moved by Council Member Saab, seconded by Mayor Pro Tem Frometa and
approved unanimously with Council Member Rodriguez excused, to approve the compensation
adjustment for the City Manager in accordance with Amendment No. 2 to the Employment
Agreement.
•
City Manager Livas thanked staff for their efforts on the Measure S projects. He stated
the firefighters have moved into Fire Station No. 1 and a ribbon cutting will be scheduled soon.
He explained the logistics involved during the move and thanked Assistant City Manager Oskoui
for overseeing the projects. He stated Dennis the Menace Park was opened over the weekend
and he was able to observe the families enjoying the facilities. He mentioned overhearing
comments opposed to the overlapping park closures and stated that the closures were a result
of the source of funding for the Measure S projects which required the projects to be completed
within a three year period. The residents will now be able to enjoy the results of the Measure S
projects as several parks are opened, recently Apollo and Independence Parks and shortly
Golden Park will be open as well. He announced the $66 million dollar project is being
completed without adding any additional staff. He commented regarding the recent work
conducted in the Police Department and mentioned there will be additional improvements. He
stated that it was unfortunate not enough time was available to stagger the closure of the parks
however, the time constraints were not imposed by the City rather by the funding source. He
thanked the Council and staff for the annual goal setting which is conducted on a yearly basis
as that particular process becomes the blue print for the upcoming budget and said he was
pleased to say that roughly 90% of the activities set by Council are completed. He thanked
Building Official Hicks, Assistant Fire Chief They and staff for finalizing the Fire Code and
Building Code projects. He thanked Mr. Lacey for acknowledging the Aztecs.
Mayor Pacheco adjourned the Regular City Council meeting at 8:56 p.m. in memory of
Lt. Col. Paul K. Voss, 46, of Yigo, Guam who was supporting Operation Freedom's Sentinel;
and, Spc. Antonio I. Moore, 22, from Wilmington, N.C. who was supporting Operation Inherent
Resolve.
MARIA ALICIA DUARTE, CMC BLANCA PACHECO
City Clerk Mayor
City Council Minutes
Regular Meeting - February 11, 2020 11