Item No.
1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JUDDY MONTENEGRO, SENIOR MANAGEMENT ANALYST
DATE: JULY 8, 2025
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND
VARIOUS SECTIONS OF THE DOWNEY MUNICIPAL CODE
EXECUTIVE SUMMARY
The City Council will consider adopting an ordinance to amend various sections of the Downey Municipal Code relating to Parks and Recreation Department administration; Public Works bidding, construction and demolition of waste management regulations, and truck routes; Fire code; and Police burglary and robbery alarm. These changes are being made to modernize the code and align with current City practices in the respective subject matters.
RECOMMENDATION
That the City Council:
Adopt Ordinance No. 25-1530, amending Sections 2449, 2910, 3199.8, 3301, 3310, 3322, 3729 and 5860 relating to Parks Department Administration, Public Works Bidding, Truck Routes, Fire Code, Burglary and Robbery Alarm, and Construction and Demolition Waste Management Regulations.
BACKGROUND
At its regularly scheduled City Council meeting held on June 24, 2025, the City Council introduced the attached ordinance for a first reading.
ANALYSIS
The analysis and information provided in the original agenda memo dated June 24, 2025, remains unchanged.
SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND VARIOUS SECTIONS OF
DOWNEY MUNICIPAL CODE
JULY 8, 2025
PAGE 2
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENT
Attachment A: Ordinance No. 25-1530
Attachment B: Agenda memo from June 24, 2025 City Council meeting
ORDINANCE NO. 25-1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE SECTIONS 2449, 2910, 3199.8, 3301, 3310, 3322, 3729 AND 5860 RELATING TO PARKS DEPARTMENT
ADMINISTRATION, PUBLIC WORKS BIDDING, TRUCK ROUTES, FIRE CODE,
BURGLARY AND ROBBERY ALARM, AND CONSTRUCTION AND
DEMOLITION WASTE MANAGEMENT REGULATIONS
WHEREAS, City staff from time to time reviews sections of the Downey Municipal Code for any updates that may be necessary based on changes in state law or Cit y customs and practices; and
WHEREAS, staff has recently conducted a routine review of the Downey Municipal Code; and
WHEREAS, it is necessary to amend certain sections of the Code to modernize the Code and align it with the current practices of the City in the respective subject matters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Section 2449 (Duties of Director) of the Downey Municipal Code is amended to read as follows (new language underlined, deleted language in strikeout):
§ 2449 DUTIES OF DIRECTOR.
The Park and Recreation Director shall be the administrative head of the Department of Parks and Recreation. He or she shall:
(a) Be responsible, as a department head, to the City Manager for the efficient operation of his or her department;
(b) Supervise and control all persons employed in the Department of Parks and Recreation; and
(c) Prepare and submit to the Recreation and Community Services Commission tentative budgets for his or her department and, upon the approval of the Commission, shall submit the same to the City Manager.
SECTION 3. Section 2910 (Bidding Public Works Projects) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 2910 BIDDING PUBLIC WORKS PROJECTS.
Bidding procedures as set forth herein and pursuant to Downey City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution, shall be followed for all public works projects as follows:
ATTACHMENT A
Ordinance No. 25-1530
(a) Informal Bidding Procedures.
(1) A public works project valued below the threshold for formal bidding as established by City Council Resolution pursuant to City Charter section 1211 shall utilize the informal bidding procedures set forth herein and as established by City Council Resolution.
(2) The initiating Department will obtain written quotations from at least three licensed contractors or authorized vendors. The contract shall be awarded to the lowest responsive and responsible bidder offering the most advantageous quote to the City.
(3) The City has the absolute right, in its sole discretion, to reject all bids, readvertise for bids or abandon the project.
(4) A Notice of Completions shall be filed upon final acceptance of the project.
(b) Formal Bidding Procedures. A public works project, which is valued above the threshold for formal bidding as established by City Council Resolution pursuant to City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution, shall utilize the formal bidding procedures as follows:
(1) Authorization to Bid. The City Council shall authorize staff to advertise/solicit bids and approve the plans and specifications of the project on or before the City Council authorizes bid solicitation.
(2) Notice Inviting Bids. Notice Inviting Bids shall be published in newspaper of general circulation at least twice 10 calendar days prior to bid opening date. Notice inviting bids may be mailed to vendors on vendor list and shall be posted on the City website. The Purchasing Division shall issue a notice inviting bids that includes a general description of the articles to be purchased or the services sought, states where the bid forms and specifications may be secured, and announces the time and place for opening bids. Notices inviting bids shall be publicly advertised not less than 10 days before the date of opening of bids, and shall be published at least twice, not less than five days apart, in a newspaper of general circulation published in the City. Additionally, notices inviting bids shall be advertised in an electronic bidding system established by the Purchasing Division.
(3) Bonds. The City may require the posting of a bidders' bond, performance bond and/or payment bond for the project. If the City requires a bond, the form and amount of the bond shall be described in the notice inviting bids. Lowest responsive and responsible bidder shall forfeit all or part of its bid security upon the bidder's refusal or failure to execute the contract within 10 days of bid award.
(4) Bid Opening. Sealed bids shall be opened publicly by the City Clerk at the time and place stated on the notice inviting bids. A written tabulation of the bids shall be made at that time, and shall be open for public inspection for a period of two years after bid opening. Bids shall be submitted through an electronic bidding platform established by the Purchasing Division, as specified in the notice inviting bids. Bids shall be submitted in a manner that conceals the bid until the time of opening of all bids. Bids shall be opened at a location open to the public at the time and place stated on the notice inviting bids or as may otherwise be announced to all bidders. A tabulation of all bids received shall be open for public inspection during regular City business hours for a period of not less than 30 calendar days after the bid opening. The manner of submission and the time and location of bid opening shall be stated in the notice inviting bids.
(5) Award of Bid. City Council shall award the contract or reject the bids consistent
Ordinance No. 25-1530
with City Charter section 1211. If no bids are received, the project may be readvertised, modified and readvertised, or cancelled with the approval of the City Council.
(6) Project Acceptance. Final acceptance reports for these public works projects must be submitted by the Director of Public Works or City Engineer to City Council for acceptance of capital improvement projects as complete. Notice of Completions shall be filed upon final acceptance of the project.
(7) Exceptions. For procurement of public work projects, bidding may be dispensed with consistent with City Charter Section 1211 and State law.
(8) Supplies and Materials. The purchase of supplies and materials for public works projects shall follow the bidding procedures in this chapter, the Downey City Charter Section 1211, and the purchasing policies and procedures adopted by City Council Resolution.
(9) Maintenance and Repair Projects. Public works projects involving solely maintenance and/or repair projects shall follow be governed by Downey City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution.
SECTION 4. Section 3199.8 (Trucks and Truck Routes Designated) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3199.8 TRUCKS AND TRUCK ROUTES DESIGNATED.
The City may establish truck routes on certain streets subject to the following conditions:
(a) Motor Truck Defined. For the purpose of this chapter, a motor truck is a motor vehicle designed, used or maintained primarily for the transportation of property and having an unladen weight of 6,000 pounds or more a gross vehicle weight of 8,500 pounds or more and nothing in this section shall apply to motor vehicles having unladen weight of less than 6,000 pounds gross vehicle weight of less than 8,500 pounds.
(b) Restricted Use of Streets by Trucks and Other Vehicles. Upon the recommendation of the City Traffic Engineer and subject to the requirements of California Vehicle Code Sections 35701 – 35714, the City Council may, by ordinance, designate, establish and maintain fixed truck routes within the City.
(c) Prohibited Routes. Subject to the provisions, exceptions and limitations of the California Vehicle Code Sections 35701 – 35714, no person shall operate any vehicle, which has a unladen weight of 6,000 pounds or more gross vehicle weight of 8,500 pounds or more on any street not designated as a truck route.
(d) Exemptions. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission; or to any vehicle owned or operated by the City, public utilities, or any contractor or material man, while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City; or to any authorized emergency vehicle, or to any commercial vehicle otherwise exempted under California Vehicle Code Section 35714.
(e) Erection of Signs. The City Traffic Engineer shall install and maintain signage on those streets affected by this section. The signage shall conform to the standards and requirements of the CAMUTCD and the City.
Ordinance No. 25-1530
(f) Loading and Unloading. As specified in California Vehicle Code Section 35703, nothing in this section shall be deemed to prohibit the operator of any motor truck traversing any of the foregoing routes from leaving such routes for the purpose of loading or unloading; or for truck terminal access provided such deviation from the nearest truck route is reasonably necessary.
(g) Public Utility Service. Nothing in this section shall be deemed to apply to any vehicle which is subject to the provisions of Sections 1031 through 1036, inclusive, of the Public Utilities Code.
(h) Weigh-In. Any police officer shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route to proceed to any public or private scale available for the purpose of weighing and determining whether the conditions of this section have been met.
The City Council has established the following streets as fixed truck routes to be effective when signing conforming to the requirements of Section 3199.8(e) of this Code has been installed:
(1) Bellflower Boulevard from Lakewood Boulevard to the southerly City limits;
(2) Columbia Way from Lakewood Boulevard to Imperial Highway;
(3) Cleta Street from Lakewood Boulevard to Patton Road;
(4) Firestone Boulevard from the easterly City limits to the westerly City limits;
(5) Florence Avenue;
(6) Garfield Avenue;
(7) Imperial Highway;
(8) Lakewood Boulevard;
(9) Old River School Road;
(10) Patton Road from Firestone Boulevard to Cleta Street;
(11) Paramount Boulevard;
(12) Regentview Avenue;
(13) Rosecrans Avenue;
(14) Stewart and Gray Road from Lakewood Boulevard to Firestone Boulevard;
(15) Studebaker Road from Florence Avenue to Route 605/5 freeway ramp intersection;
(16) Telegraph Road;
Ordinance No. 25-1530
(17) Washburn Road from Regentview Avenue to Woodruff Avenue;
(18) Woodruff Avenue from Firestone Boulevard to the southerly City limits;
(19) Phlox Street between Paramount Boulevard and Downey Avenue; and
(20) Downey Avenue between Firestone Boulevard and Phlox Street.
SECTION 5. Section 3301 (Adopted Appendices) is amended to designate the Board of Building Appeals as the “board of appeals” as that term is used in Appendix A, Board of Appeals.
SECTION 6. Section 3310 (Recreational Fire Permits) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3310 RECREATIONAL FIRE PERMITS.
Section 105.6.32 of Chapter 1 Division II of the 2022 California Fire Code is amended by deleting the Exception regarding recreational fires and adding thereto Section 105.6.32.1 to read as follows:
105.6.32.1 Recreational Fires.
1. All recreational fires shall be considered open burning and permit shall be required.
Recreational fire permits may be obtained through the Fire Department Administration office located at 11111 Brookshire Avenue, Downey between the hours of 7:30 a.m. and 5:30 p.m.
Monday through Friday.
2. Recreational fires shall be on private property and the property owner shall make application for this permit. There is no fee for the permit.
3. The permit is valid for a period of one year.
4. Fires shall be contained within a fire ring, pit, or similar device constructed for such use.
5. Fires are not permitted before 7:00 a.m. on any day of the week. Fires are not permitted after 10:00 p.m. Sunday through Thursday, or after 12 midnight on Friday and Saturday.
6. Written notification from adjoining property owners must be submitted at time of application.
7. Oils, combustible and flammable liquids, rubber, plastics, chemically treated materials, construction materials, hazardous waste, and rubbish/trash shall not be burned or used as starting materials. No flammable or combustible liquids shall be used to kindle or rekindle a fire.
8. In all cases, the total fuel load of the fire shall not exceed 3 feet in diameter and 2 feet in height.
9. The prevailing wind at the time of burning shall be away from nearby residences and must be less than 10 mph.
Ordinance No. 25-1530
10. The fire must be completely extinguished before leaving it unattended.
11. You, as the property owner assume ALL responsibility for damages or injuries that directly or indirectly result from your fire.
12. Building permits are required for the construction of permanent outdoor fireplaces and barbeques. AT ANY TIME, THE FIRE CHIEF OR HIS/HER DESIGNEE MAY ORDER ANY
FIRE EXTINGUISHED AND/OR REVOKE THE PERMIT WHEN ATMOSPHERIC CONDITIONS OR LOCAL CIRCUMSTANCES MAKE THE FIRE HAZARDOUS OR UNDESIRABLE.
13. Notwithstanding the issuance of a recreational fire permit, recreational fires shall not be permitted on days designated “no-burn” by the South Coast Air Quality Management District.
SECTION 7. Section 3322 (Alley Maintenance) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3322 ALLEY MAINTENANCE.
Section 503.4 of the 2022 California Fire Code is hereby amended by adding thereto language to read as follows:
No person owning or occupying or having the possession or control of any property bordering on any public alley in the City shall fail, refuse, or neglect to keep the portion of such alley between the center line thereof and the property line of such property free from garbage, rubbish, and combustible materials or compounds and flammable liquids and other obstructions. Any obstructions, including without limitation refuse or materials, restricting fire department access to such areas may be removed by the City at the expense of the property owner.
SECTION 8. Section 3729 (Exceptions) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3729 EXCEPTIONS.
(a) A 30 day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system, before the false alarm provisions of this chapter shall be applicable to such system, if the permittee shows that any false alarm was the result of conditions beyond his control and not the result of negligence on his part or that of his employees, provided, further, that the permittee can demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect. In such case, the alarm shall not be deemed a "false alarm" within the meaning of this chapter.
(b) The alarm subscriber shall contest the determination of a false alarm by contacting the Chief of Police of the City within five days of notification of the false alarm by the responding police officer or notification of permit suspension or revocation, and the determination of the Chief of Police shall be final unless further procedures are available to the permittee under the procedures of this chapter. The alarm subscriber shall contest the determination of a false alarm or corresponding fee by filing a notice of appeal, setting forth the facts and circumstances regarding the appeal, with the Chief of Police within five calendar days of notification of the false alarm by the responding police officer or notification of permit suspension or revocation. The Chief of Police (or designee) shall hold a hearing, consider all relevant evidence, make
Ordinance No. 25-1530
appropriate findings based upon the evidence presented at the hearing, and determine the merits on appeal. The alarm subscriber shall have the burden of proving by a preponderance of the evidence that the alarm was not false. The Chief of Police (or designee) may affirm, overrule, or modify the action being appealed, and the determination of the Chief of Police shall be final.
Failure of an alarm subscriber to contest a false alarm determination shall result in the determination being final and binding, and such determination shall not be subject to challenge in any other proceeding (including any suspension or revocation proceeding).
SECTION 9. Section 5860 (Waste Management Plan – Compliance Reporting) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 5860 WASTE MANAGEMENT PLAN - COMPLIANCE REPORTING.
A. Final Report/Documentation. After the completion of any covered project, the applicant shall, as a condition precedent to final approval of the project and to issuance of any certificate of occupancy, submit documentation on WMP forms, to the WMP compliance official, proving compliance with the requirements of Sections 5830 and 5860. A certificate of occupancy shall not be issued to the applicant until approval of the WMP compliance report by the WMP compliance official. This documentation shall consist of a final completed WMP including all of the following:
1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material, submitted in either physical or electronic format, provided the electronic submission clearly and accurately represents all required information and can be reliably verified by the WMP compliance official;
2. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and
3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with the diversion requirement.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates.
C. Determination of Compliance. The WMP Compliance Official shall review the information submitted under subsections A and B of this section and determine the extent the applicant has complied with the diversion requirement. The WMP Compliance Official shall determine as follows:
1. Full Compliance. The WMP Compliance Official shall find the applicant to be in full compliance if 100% of inert debris and the diversion requirement set forth in this chapter of the remaining C&D debris generated by the project has been diverted via reuse or recycling, and he or she shall cause the full performance security to be released by the City's Engineering Division to the applicant.
2. Partial Compliance. If the WMP compliance official determines that the
Ordinance No. 25-1530
diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP compliance
official determines that the applicant has made a good faith effort to comply with this section, he or she shall consider the project in compliance and notify the City's Engineering Division to release the performance security, or portion thereof, to the applicant. (For examples of compliance formula, see Appendix A attached above to this chapter.)
3. Noncompliance. If the WMP compliance official determines that the applicant has not met the diversion requirements of this chapter, and has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by this section, the applicant shall be deemed noncompliant and the entire performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purpose of promoting recycling within the City.
SECTION 10. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 11. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 12. This Ordinance shall become effective thirty (30) days from the date of its adoption.
SECTION 13. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this 8th day of July, 2025.
______________________________________
HECTOR SOSA, Mayor
ATTEST:
Ordinance No. 25-1530
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoing Ordinance No. 25-1530 was introduced at a Regular meeting of the City Council of the City of Downey held on the 24th day of June, 2025, and adopted at a Regular meeting of the City Council of the City of Downey held on the 8th day of July, 2025, by the following vote, to wit:
AYES: Council Members: Frometa, Ortiz, Trujillo, Pemberton, Sosa NOES: Council Members: None.
ABSENT: Council Members: None.
ABSTAIN: Council Members: None.
I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 25-1530, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on June 12, 2025 (prior to introduction), and on July 10, 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
_____________________________
MARIA ALICIA DUARTE, CMC
City Clerk
Item No.
1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JUDDY MONTENEGRO, SENIOR MANAGEMENT ANALYST
DATE: JUNE 24, 2025
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND VARIOUS SECTIONS
OF THE DOWNEY MUNICIPAL CODE
EXECUTIVE SUMMARY
The City Council will consider an ordinance to amend various sections of the Downey Municipal Code relating to Parks and Recreation Department administration; Public Works bidding, construction and demolition of waste management regulations, and truck routes; Fire code; and Police burglary and robbery alarm. These changes are being made to modernize the code and align with current City practices in the respective subject matters.
RECOMMENDATION
That the City Council:
Introduce an Ordinance amending Sections 2449, 2910, 3199.8, 3301, 3310, 3322, 3729, and 5860, relating to Parks Department Administration, Public Works Bidding, Truck Routes, Fire Code, Burglary and Robbery Alarm, and Construction and Demolition Waste Management Regulations.
BACKGROUND
City staff periodically reviews sections of the Downey Municipal Code for any updates that may be necessary based on changes in state law or City processes. This ensures the Code remains up to date and reflects the City’s current policies and procedures. Staff recently conducted a routine review of the Downey Municipal Code and has determined that it is necessary to amend certain sections of the Code to modernize it and align with the City’s current practices.
ATTACHMENT B
ORDINANCE TO AMEND VARIOUS SECTIONS OF DOWNEY MUNICIPAL CODE JUNE 24, 2025
PAGE 2
ANALYSIS
The following proposed Code amendments aim to enhance clarity and streamline operations to improve City services for both residents and businesses:
Section 2449 – DUTIES OF DIRECTOR
This section would be amended to adjust the duties of the Director of Parks and Recreation with respect to budget preparation. Specifically, the Director will not need to prepare, submit or receive approval from the Recreation and Community Services Commission for any budgets related to the Parks and Recreation Department.
Section 2910 – BIDDING PUBLIC WORKS PROJECTS
This section would be amended to modify Public Works bidding procedures, specifically allowing for the submittal of bids through an electronic bidding platform. The City currently uses Planet Bids for online bid submittals and this system has proven to be efficient in processing bids, as well as promoting transparency with the bidding process.
Section 3199.8 – TRUCKS AND TRUCK ROUTES DESIGNATED
Updated language would be added to adjust the truck weight designations for purposes of established truck routes in the City. This Ordinance will amend the weight of a motor vehicle from 6,000 pounds or more, to a gross vehicle weight of 8,500 pounds or more.
Additionally, this section shall apply to motor vehicles with a gross vehicle weight of less than 8,500 pounds. Lastly, no person shall operate any vehicle which has a gross vehicle weight of 8,500 pounds or more on any street not designated as a truck route.
Section 3301 – ADOPTED APPENDICES
This section would be amended to designate the Board of Building Appeals as the body to hear appeals of decisions by the fire code official for purposes of Appendix A.
Section 3310 – RECREATIONAL FIRE PERMITS
This proposed code amendment would make changes to the Fire Code to designate the City’s Board of Building Appeals as the body to hear appeals of decisions by the fire code official. Additionally, it will help clarify that recreational fires are not permitted when prohibited by the South Coast Air Quality Management District.
Section 3322 – ALLEY MAINTENANCE
The code amendment will help strengthen the requirement of alley maintenance by private property owners. Specifically, new language has been added to include that any obstructions/materials restricting Fire Department access, shall be removed at the expense of the property owner.
Section 3729 – EXCEPTIONS
This section would be amended to adjust the process by which alarm subscribers appeal the determination of false alarms. This change will provide additional information
ORDINANCE TO AMEND VARIOUS SECTIONS OF DOWNEY MUNICIPAL CODE JUNE 24, 2025
PAGE 3
regarding the appeal hearing before the Chief of Police, which will be consistent with the types of appeal hearings heard by the City Manager (of designee thereof) as set forth in Downey Municipal Code section 3728. This update is designed to enhance due process protections and to ensure consistency.
SECTION 5860 – WASTE MANAGEMENT PLAN – COMPLIANCE REPORTING The section would modify requirements for waste management reporting, allowing for electronic receipt submittal. More specifically, receipts from a vendor may be submitted in either physical or electronic format, provided the electronic submission clearly and accurately represents all required information, and can be reliably verified by the Waste Management Plan (WMP) compliance official.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENT
Attachment A: Ordinance to amend various sections of the Downey Municipal Code
ORDINANCE NO. 2025-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE SECTIONS 2449, 2910,
3199.8, 3301, 3310, 3322, 3729 AND 5860 RELATING TO PARKS
DEPARTMENT ADMINISTRATION, PUBLIC WORKS BIDDING, TRUCK
ROUTES, FIRE CODE, BURGLARY AND ROBBERY ALARM, AND
CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT
REGULATIONS
WHEREAS, City staff from time to time reviews sections of the Downey Municipal Code for any updates that may be necessary based on changes in state law or City customs and practices; and
WHEREAS, staff has recently conducted a routine review of the Downey Municipal Code; and
WHEREAS, it is necessary to amend certain sections of the Code to modernize the Code and align it with the current practices of the City in the respective subject matters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Section 2449 (Duties of Director) of the Downey Municipal Code is amended to read as follows (new language underlined, deleted language in strikeout):
§ 2449 DUTIES OF DIRECTOR.
The Park and Recreation Director shall be the administrative head of the Department of Parks and Recreation. He or she shall:
(a) Be responsible, as a department head, to the City Manager for the efficient operation of his or her department;
(b) Supervise and control all persons employed in the Department of Parks and Recreation; and
(c) Prepare and submit to the Recreation and Community Services Commission tentative budgets for his or her department and, upon the approval of the Commission, shall submit the same to the City Manager.
Ordinance No. 25-___
SECTION 3. Section 2910 (Bidding Public Works Projects) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 2910 BIDDING PUBLIC WORKS PROJECTS.
Bidding procedures as set forth herein and pursuant to Downey City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution, shall be followed for all public works projects as follows:
(a) Informal Bidding Procedures.
(1) A public works project valued below the threshold for formal bidding as established by City Council Resolution pursuant to City Charter section 1211 shall utilize the informal bidding procedures set forth herein and as established by City Council Resolution.
(2) The initiating Department will obtain written quotations from at least three licensed contractors or authorized vendors. The contract shall be awarded to the lowest responsive and responsible bidder offering the most advantageous quote to the City.
(3) The City has the absolute right, in its sole discretion, to reject all bids, readvertise for bids or abandon the project.
(4) A Notice of Completions shall be filed upon final acceptance of the project.
(b) Formal Bidding Procedures. A public works project, which is valued above the threshold for formal bidding as established by City Council Resolution pursuant to City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution, shall utilize the formal bidding procedures as follows:
(1) Authorization to Bid. The City Council shall authorize staff to advertise/solicit bids and approve the plans and specifications of the project on or before the City Council authorizes bid solicitation.
(2) Notice Inviting Bids. Notice Inviting Bids shall be published in newspaper of general circulation at least twice 10 calendar days prior to bid opening date.
Notice inviting bids may be mailed to vendors on vendor list and shall be posted on the City website. The Purchasing Division shall issue a notice inviting bids that includes a general description of the articles to be purchased or the services sought, states where the bid forms and specifications may be secured, and announces the time and place for opening bids. Notices inviting bids shall be publicly advertised not less than 10 days before the date of opening of bids, and shall be published at least twice, not less than five days apart, in a newspaper of general circulation published in the City. Additionally, notices inviting bids shall be advertised in an electronic bidding system established by the Purchasing Division.
Ordinance No. 25-___
(3) Bonds. The City may require the posting of a bidders' bond, performance bond and/or payment bond for the project. If the City requires a bond, the form and amount of the bond shall be described in the notice inviting bids. Lowest responsive and responsible bidder shall forfeit all or part of its bid security upon the bidder's refusal or failure to execute the contract within 10 days of bid award.
(4) Bid Opening. Sealed bids shall be opened publicly by the City Clerk at the time and place stated on the notice inviting bids. A written tabulation of the bids shall be made at that time, and shall be open for public inspection for a period of two years after bid opening. Bids shall be submitted through an electronic bidding platform established by the Purchasing Division, as specified in the notice inviting bids. Bids shall be submitted in a manner that conceals the bid until the time of opening of all bids. Bids shall be opened at a location open to the public at the time and place stated on the notice inviting bids or as may otherwise be announced to all bidders. A tabulation of all bids received shall be open for public inspection during regular City business hours for a period of not less than 30 calendar days after the bid opening. The manner of submission and the time and location of bid opening shall be stated in the notice inviting bids.
(5) Award of Bid. City Council shall award the contract or reject the bids consistent with City Charter section 1211. If no bids are received, the project may be readvertised, modified and readvertised, or cancelled with the approval of the City Council.
(6) Project Acceptance. Final acceptance reports for these public works projects must be submitted by the Director of Public Works or City Engineer to City Council for acceptance of capital improvement projects as complete. Notice of Completions shall be filed upon final acceptance of the project.
(7) Exceptions. For procurement of public work projects, bidding may be dispensed with consistent with City Charter Section 1211 and State law.
(8) Supplies and Materials. The purchase of supplies and materials for public works projects shall follow the bidding procedures in this chapter, the Downey City Charter Section 1211, and the purchasing policies and procedures adopted by City Council Resolution.
(9) Maintenance and Repair Projects. Public works projects involving solely maintenance and/or repair projects shall follow be governed by Downey City Charter Section 1211 and the purchasing policies and procedures adopted by City Council Resolution.
SECTION 4. Section 3199.8 (Trucks and Truck Routes Designated) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3199.8 TRUCKS AND TRUCK ROUTES DESIGNATED.
The City may establish truck routes on certain streets subject to the following conditions:
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(a) Motor Truck Defined. For the purpose of this chapter, a motor truck is a motor vehicle designed, used or maintained primarily for the transportation of property and having an unladen weight of 6,000 pounds or more a gross vehicle weight of 8,500 pounds or more and nothing in this section shall apply to motor vehicles having unladen weight of less than 6,000 pounds gross vehicle weight of less than 8,500 pounds.
(b) Restricted Use of Streets by Trucks and Other Vehicles. Upon the recommendation of the City Traffic Engineer and subject to the requirements of California Vehicle Code Sections 35701 – 35714, the City Council may, by ordinance, designate, establish and maintain fixed truck routes within the City.
(c) Prohibited Routes. Subject to the provisions, exceptions and limitations of the California Vehicle Code Sections 35701 – 35714, no person shall operate any vehicle, which has a unladen weight of 6,000 pounds or more gross vehicle weight of 8,500 pounds or more on any street not designated as a truck route.
(d) Exemptions. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission; or to any vehicle owned or operated by the City, public utilities, or any contractor or material man, while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City; or to any authorized emergency vehicle, or to any commercial vehicle otherwise exempted under California Vehicle Code Section 35714.
(e) Erection of Signs. The City Traffic Engineer shall install and maintain signage on those streets affected by this section. The signage shall conform to the standards and requirements of the CAMUTCD and the City.
(f) Loading and Unloading. As specified in California Vehicle Code Section 35703, nothing in this section shall be deemed to prohibit the operator of any motor truck traversing any of the foregoing routes from leaving such routes for the purpose of loading or unloading; or for truck terminal access provided such deviation from the nearest truck route is reasonably necessary.
(g) Public Utility Service. Nothing in this section shall be deemed to apply to any vehicle which is subject to the provisions of Sections 1031 through 1036, inclusive, of the Public Utilities Code.
(h) Weigh-In. Any police officer shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route to proceed to any public or private scale available for the purpose of weighing and determining whether the conditions of this section have been met.
The City Council has established the following streets as fixed truck routes to be effective when signing conforming to the requirements of Section 3199.8(e) of this Code has been installed:
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(1) Bellflower Boulevard from Lakewood Boulevard to the southerly City limits;
(2) Columbia Way from Lakewood Boulevard to Imperial Highway;
(3) Cleta Street from Lakewood Boulevard to Patton Road;
(4) Firestone Boulevard from the easterly City limits to the westerly City limits;
(5) Florence Avenue;
(6) Garfield Avenue;
(7) Imperial Highway;
(8) Lakewood Boulevard;
(9) Old River School Road;
(10) Patton Road from Firestone Boulevard to Cleta Street;
(11) Paramount Boulevard;
(12) Regentview Avenue;
(13) Rosecrans Avenue;
(14) Stewart and Gray Road from Lakewood Boulevard to Firestone Boulevard;
(15) Studebaker Road from Florence Avenue to Route 605/5 freeway ramp intersection;
(16) Telegraph Road;
(17) Washburn Road from Regentview Avenue to Woodruff Avenue;
(18) Woodruff Avenue from Firestone Boulevard to the southerly City limits;
(19) Phlox Street between Paramount Boulevard and Downey Avenue; and
(20) Downey Avenue between Firestone Boulevard and Phlox Street.
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SECTION 5. Section 3301 (Adopted Appendices) is amended to designate the Board of Building Appeals as the “board of appeals” as that term is used in Appendix A, Board of Appeals.
SECTION 6. Section 3310 (Recreational Fire Permits) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3310 RECREATIONAL FIRE PERMITS.
Section 105.6.32 of Chapter 1 Division II of the 2022 California Fire Code is amended by deleting the Exception regarding recreational fires and adding thereto Section 105.6.32.1 to read as follows:
105.6.32.1 Recreational Fires.
1. All recreational fires shall be considered open burning and permit shall be required. Recreational fire permits may be obtained through the Fire Department Administration office located at 11111 Brookshire Avenue, Downey between the hours of 7:30 a.m. and 5:30 p.m. Monday through Friday.
2. Recreational fires shall be on private property and the property owner shall make application for this permit. There is no fee for the permit.
3. The permit is valid for a period of one year.
4. Fires shall be contained within a fire ring, pit, or similar device constructed for such use.
5. Fires are not permitted before 7:00 a.m. on any day of the week. Fires are not permitted after 10:00 p.m. Sunday through Thursday, or after 12 midnight on Friday and Saturday.
6. Written notification from adjoining property owners must be submitted at time of application.
7. Oils, combustible and flammable liquids, rubber, plastics, chemically treated materials, construction materials, hazardous waste, and rubbish/trash shall not be burned or used as starting materials. No flammable or combustible liquids shall be used to kindle or rekindle a fire.
8. In all cases, the total fuel load of the fire shall not exceed 3 feet in diameter and 2 feet in height.
9. The prevailing wind at the time of burning shall be away from nearby residences and must be less than 10 mph.
10. The fire must be completely extinguished before leaving it unattended.
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11. You, as the property owner assume ALL responsibility for damages or injuries that directly or indirectly result from your fire.
12. Building permits are required for the construction of permanent outdoor fireplaces and barbeques. AT ANY TIME, THE FIRE CHIEF OR HIS/HER DESIGNEE
MAY ORDER ANY FIRE EXTINGUISHED AND/OR REVOKE THE PERMIT WHEN
ATMOSPHERIC CONDITIONS OR LOCAL CIRCUMSTANCES MAKE THE FIRE HAZARDOUS OR UNDESIRABLE.
13. Notwithstanding the issuance of a recreational fire permit, recreational fires shall not be permitted on days designated “no-burn” by the South Coast Air Quality Management District.
SECTION 7. Section 3322 (Alley Maintenance) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3322 ALLEY MAINTENANCE.
Section 503.4 of the 2022 California Fire Code is hereby amended by adding thereto language to read as follows:
No person owning or occupying or having the possession or control of any property bordering on any public alley in the City shall fail, refuse, or neglect to keep the portion of such alley between the center line thereof and the property line of such property free from garbage, rubbish, and combustible materials or compounds and flammable liquids and other obstructions. Any obstructions, including without limitation refuse or materials, restricting fire department access to such areas may be removed by the City at the expense of the property owner.
SECTION 8. Section 3729 (Exceptions) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 3729 EXCEPTIONS.
(a) A 30 day adjustment period to correct mechanical problems will be allowed for any new, improved or replaced alarm system, before the false alarm provisions of this chapter shall be applicable to such system, if the permittee shows that any false alarm was the result of conditions beyond his control and not the result of negligence on his part or that of his employees, provided, further, that the permittee can demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect. In such case, the alarm shall not be deemed a "false alarm" within the meaning of this chapter.
(b) The alarm subscriber shall contest the determination of a false alarm by contacting the Chief of Police of the City within five days of notification of the false alarm by the responding police officer or notification of permit suspension or revocation, and the
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determination of the Chief of Police shall be final unless further procedures are available to the permittee under the procedures of this chapter. The alarm subscriber shall contest the determination of a false alarm or corresponding fee by filing a notice of appeal, setting forth the facts and circumstances regarding the appeal, with the Chief of Police within five calendar days of notification of the false alarm by the responding police officer or notification of permit suspension or revocation. The Chief of Police (or designee) shall hold a hearing, consider all relevant evidence, make appropriate findings based upon the evidence presented at the hearing, and determine the merits on appeal. The alarm subscriber shall have the burden of proving by a preponderance of the evidence that the alarm was not false. The Chief of Police (or designee) may affirm, overrule, or modify the action being appealed, and the determination of the Chief of Police shall be final. Failure of an alarm subscriber to contest a false alarm determination shall result in the determination being final and binding, and such determination shall not be subject to challenge in any other proceeding (including any suspension or revocation proceeding).
SECTION 9. Section 5860 (Waste Management Plan – Compliance Reporting) is amended to read as follows (new language underlined, deleted language in strikeout):
§ 5860 WASTE MANAGEMENT PLAN - COMPLIANCE REPORTING.
A. Final Report/Documentation. After the completion of any covered project, the applicant shall, as a condition precedent to final approval of the project and to issuance of any certificate of occupancy, submit documentation on WMP forms, to the WMP compliance official, proving compliance with the requirements of Sections 5830 and 5860. A certificate of occupancy shall not be issued to the applicant until approval of the WMP compliance report by the WMP compliance official. This documentation shall consist of a final completed WMP including all of the following:
1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material, submitted in either physical or electronic format, provided the electronic submission clearly and accurately represents all required information and can be reliably verified by the WMP compliance official;
2. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and
3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with the diversion requirement.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates.
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C. Determination of Compliance. The WMP Compliance Official shall review the information submitted under subsections A and B of this section and determine the extent the applicant has complied with the diversion requirement. The WMP Compliance Official shall determine as follows:
1. Full Compliance. The WMP Compliance Official shall find the applicant to be in full compliance if 100% of inert debris and the diversion requirement set forth in this chapter of the remaining C&D debris generated by the project has been diverted via reuse or recycling, and he or she shall cause the full performance security to be released by the City's Engineering Division to the applicant.
2. Partial Compliance. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case- by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this section, he or she shall consider the project in compliance and notify the City's Engineering Division to release the performance security, or portion thereof, to the applicant. (For examples of compliance formula, see Appendix A attached above to this chapter.)
3. Noncompliance. If the WMP compliance official determines that the applicant has not met the diversion requirements of this chapter, and has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by this section, the applicant shall be deemed noncompliant and the entire performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purpose of promoting recycling within the City.
SECTION 10. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 11. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
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SECTION 12. This Ordinance shall become effective thirty (30) days from the date of its adoption.
SECTION 13. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this _____ day of _______, 2025.
_________________________
HECTOR SOSA
Mayor
ATTEST:
______________________________
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular meeting held on the ____ day of _____, 2025, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
_____________________________
MARIA ALICIA DUARTE, CMC
City Clerk