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HomeMy WebLinkAbout01. Minutes - 10-25-11 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING October 25, 2011 The City Council of the City of Downey held a Regular Meeting at 7:34 p.m., October 25, 2011, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Luis H. Marquez presiding. PRESENT: Council Members: Luis H. Marquez Mayor Roger C. Brossmer Mayor Pro Tem David R. Gafin Mario A. Guerra Fernando Vasquez ALSO PRESENT: Gilbert Livas, Assistant City Manager Yvette M. Abich Garcia, City Attorney Joyce E. Doyle, Interim City Clerk Lonnie Croom, Fire Chief Rick Esteves, Police Chief John Michicoff, Finance Director John Oskoui, Public Works Director Thad Phillips, Community Services Director Brian Saeki, Community Development Director Shannon DeLong, Assistant to the City Manager Adria Jimenez, Consultant, City Clerk’s Office Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Council Member Vasquez reported he attended the Southeast Los Angeles County Workforce Investment Board meeting; advised the unemployment rate in Downey is 9.9%; noted he attended the Employee Service Award luncheon where long-term City of Downey employees were recognized; advised he attended the first Downey Youth Commission meeting and recognized Youth Commissioners Tiffany Ashton, Kimberly Matamoros, and Diego Lucas whom were in the audience; reported that he attended the “Bringing City Hall to You” barbeque on Saturday at Unsworth Elementary School and congratulated Shannon DeLong, Assistant to the City Manager, and Juddy Ceniceros, Administrative Assistant, for coordinating a successful event; thanked the Police and Fire Chiefs for attending the barbeque; reported he attended two Neighborhood Watch meetings last Wednesday; and recognized Lee Ann Sears, Emergency Preparedness member, who was in the audience. Council Member Guerra advised he attended the Youth Commission meeting on Wednesday; reported on his Town Hall meeting on Wednesday with approximately 150 people in attendance; reported on his attendance at the Contract Cities Association of California Conference in Oxnard and stated he attended workshops on weathering the financial storm, budgets and potential budgets, Proposition 218 rules, regulations, and requirements, legally contracting for services in the face of revenue shortfalls; advised he participated as a costume contest Judge at the ndth 2 Anniversary of Bob’s Big Boy on Saturday; reported he attended his 95 neighborhood watch meeting; requested staff explore the possibilities of placing communication antennas on top of City -1- City Council Minutes 10/25/11 Hall as an additional revenue source; and, requested staff look at purchasing alternative fuel vehicles when replacing City vehicles. Mayor Marquez thanked the residents who attended the final “Bringing City Hall to You” barbeque at Unsworth Elementary School; thanked the Downey Unified School District for allowing the City to use Unsworth Elementary for the barbeque; thanked the Fire Department for preparing and cooking the food for the residents; thanked Community Services for providing an arts and crafts area; and thanked the Police Department and City staff who attended and answered questions from residents; thanked Shannon DeLong, Assistant to the City Manager, and Juddy Ceniceros, Administrative Assistant, for coordinating all three events; he thanked the Police and Fire Explorers for attending the barbeque; reported he attended the Downey Symphony concert and encouraged residents to attend a concert; commented on the high caliber of youth and Youth Commissioners of Downey; advised he attended the Employee Service Award luncheon to honor long-term employees and commended the employees for their service to the City and the residents. PRESENTATIONS: Justin Robertson, Los Angeles County Department of Public Health, showed a PowerPoint presentation on the health and environmental impacts of tobacco use. Council Member Guerra asked questions on the study referenced in the presentation; related evidence to lives lost due to outdoor tobacco smoke; enforceability of the Ordinance; the type of smoke-free sites recommended; the Downey public opinion survey referenced in the presentation; and the budget of Project Trust. Mr. Robertson responded to Council Member Guerra’s questions. Mayor Marquez invited participants of the 2011 All America City Competition forward and presented the quilt from the competition. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: Linda Padron and Lorraine Trevizo, residents, requested the water rate increase be agendized. Gilbert Livas, Assistant City Manager, advised John Oskui, Director of Public Works, will speak with them regarding their concerns. Pedro Mejia, resident, requested assistance from a translator. Mayor Marquez assisted Mr. Mejia. Mr. Mejia requested the City reconsider cutting the trees near his residence. Mr. Mejia read a letter and handed a copy to the City Clerk. Eloisa Royo, resident of Dunrobin Avenue, requested the Downey Police add additional patrols to the schools and streets in the area of Spry Street to Washburn Road. Lara Cosintino, resident, inquired about the training or practices within the Downey Police Department. CITY COUNCIL CONSENT CALENDAR: It was moved by Council Member Gafin, seconded by Mayor Pro Tem Brossmer and approve the Consent Calendar Items unanimously carried to as presented, noting Council Member Guerra voted no on Item #5, abstained on Item #6; Mayor Pro Tem Brossmer abstained on -2- City Council Minutes 10/25/11 Item #3B; and, Council Member Vasquez abstained on Item #6. 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings October 11, 2011: City Clerk. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 262654 - 263030; Wire Nos. 30002504 - : 30002513 and 800- 805; in the total amount of $4,622,265.01 Finance. 3. APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS FOR PROGRAM YEAR 2011-12 WITH A COMBINED TOTAL ALLOCATION OF $56,771: Community Development. A. ARC OF SOUTHEAST LOS ANGELES COUNTY: $9,603; B. DOWNEY UNIFIED SCHOOL DISTRICT: $30,885; C. SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC.: $1,670; and D. THE WHOLE CHILD: $14,613. 4. APPROVED AGREEMENT WITH FAIR HOUSING FOUNDATION TO PROVIDE FAIR HOUSING SERVICES DURING FISCAL YEAR 2011-12 IN THE AMOUNT OF $15,990: Community Development. 5. ADOPTED RESOLUTION NO. 11-7301, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THE BENEFITS PAYABLE TO EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT, AND CONFIDENTIAL/EXEMPT; AND REPEALING PRIOR RESOLUTIONS: Administration. 6. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOAN IN THE AMOUNT OF $810,000 FOR ECONOMIC DEVELOPMENT SITE ACQUISITION PROJECT LOCATED AT 9715 FIRESTONE BOULEVARD: Community Development: A. ADOPTED RESOLUTION NO. 11-7302, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A $810,000 LOAN FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PURSUANT TO SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND AUTHORIZING THE MAYOR TO EXECUTE THE PROMISSORY NOTE AND THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE IN CONNECTION WITH THE LOAN. 7. ADOPTED ORDINANCE NO. 11-1293, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE VI “BUSINESS, TRADES, AND PROFESSIONS” OF THE DOWNEY MUNICIPAL CODE BY ADDING A NEW CHAPTER 12, ESTABLISHING A TOWING SERVICE FRANCHISE PROGRAM: Police Department. Mayor Marquez advised Item #10 will be taken out of order. OTHER BUSINESS: 10. PROVIDE DIRECTION TO STAFF REGARDING THE PROHIBITION OF SMOKING IN PUBLIC PLACES IN THE CITY: Council Member Vasquez. Council Member Vasquez advised that he brought this item forward to request the City Council limit smoking in public parks and at City sponsored events. City Attorney Abich Garcia clarified that this item is limited to the City Council’s intent to discuss smoking prohibitions in public parks and at City-sponsored events. -3- City Council Minutes 10/25/11 Council Member Vasquez advised that this is an item he felt strongly about and believes merits City Council discussion. He stated recent events continue to show that smoking is a problem for health and littering. Council Member Vasquez stated some colleagues have expressed concern about banning smoking in public places and his intent is not to regulate private business or private property, only public parks and City-sponsored events. Council Member Vasquez stated that in1989 City Council had the foresight to restrict smoking more than what was required by California State Law. He continued to state that this is about the youth and how to protect the children from secondhand smoke. He advised that the City Council received correspondence from the Northwest Downey Little League expressing concern and support to prohibit smoking in public parks. Mayor Pro Tem Brossmer confirmed the City Council is not voting on an Ordinance tonight; the recommendation is to provide direction to staff regarding the prohibition of smoking in public places in the City. Council Member Vasquez thanked Mayor Pro Tem Brossmer and Mayor Marquez for allowing the City Council to have this discussion tonight. Council Member Guerra stated in his five years on the City Council he has never received one complaint about smoking in the parks. He stated he has sat in five games at Northwest Downey Little League during the summer and did not see one person smoking; he believes parental enforcement is working; it is a great campaign issue and it is great to get youth involved, but it is not a problem in the City of Downey. He stated he the reason smoking was prohibited at the Farmer’s Market is because the event involves food. Council Member Guerra stated at the Taste of Downey there was no one walking around with a cigarette and it did not need to be enforced. He stated he agrees smoking is bad, but he does not see this as a problem. He stated the City should not infringe on people’s civil rights; there is not one study that states outdoor secondhand smoke is harmful. Council Member Guerra stated he understands the non-smoking issue, it is a civil liberties issue and the City should place designated smoking areas in the parks. He commended everyone for attending this meeting and stated he is opposed to prohibiting smoking in the parks. Council Member Brossmer stated he does not have a problem putting forward an Ordinance before the Council for further consideration and is open to having a designated area for smoking in the parks. Council Member Gafin stated he is a strong proponent of individual’s rights; the County Health Department and State Health Department have current laws in existence regarding no smoking; the dumping of cigarette butts is more litter related than smoking related and the big concern is we are taking more individual rights away. He noted everyone understands the dangers of cigarette smoking. He stated he has served seven years as a Council Member and has never received a letter or comment on this issue. Council Member Gafin stated he will not impose another restriction on the citizens. Council Member Vasquez thanked his colleagues for their insight. He stated Council Member Guerra brought up some really good points: food is sold at Farmer’s Market and food is also sold at the Little League snack shack. He stated on Sunday afternoons at Furman Park there are people smoking. He noted Council Member Gafin is correct, this country was built on rights and we need to protect people’s rights; we cannot take rights away from children by exposing them to secondhand smoke; and they should be allowed to play in clean and safe parks. Council Member Marquez stated by the attendance here tonight, both children and parents agree that this is a serious issue. He stated when he is at Furman and Apollo Parks he does see individuals smoking in stands and around the practice areas. This is regarding parks and City- sponsored events only where as parents we should have the right to be in a clean and safe environment. Health is a major issue and the City will be addressing healthy living. He requested this Ordinance exclude the golf course. For the record, Mayor Marquez stated Council Member -4- City Council Minutes 10/25/11 Guerra called him and tried to lobby on this issue. There are over 150 cities statewide that have adopted these Ordinances and they do it as protection of our youth. The Downey Unified School District has a 100% ban on smoking on campuses and in School District vehicles. Mayor Marquez commended the children for taking civic actions. He noted an important concern pointed out in the earlier presentation is regarding the litter of cigarette butts. He noted when he talked to the Kiwanis Green Task Force and the Keep Downey Beautiful volunteers they said in approximately an hour and a half at each park they were able to collect over 4,000 cigarette butts. Mayor Marquez stated he is supportive of moving this item forward. Mayor Marquez asked those individuals that are present to support requesting an Ordinance to prohibit smoking in public parks and at City-sponsored events, please stand and raise your hand to express your support; approximately 140 individuals stood up and raised their hand in support of prohibiting smoking in public parks and City-sponsored events. The following individuals spoke in support of bringing back an Ordinance for City Council consideration prohibiting smoking in public parks and at City-sponsored events: Eric Choi (submitted 180 letters to the City Clerk in support of smoke-free public parks and City- sponsored events) Mark Perez Rebecca Gin Jessica Mia April Tao Linda Padron Raul Munoz Diego Lucas Brenda Lopez Bernice Gonzalez Karina Gonzalez Alexander Gaytan Bianca Penalosa Mia Garcia Claudia Silva Jenni Jung Brian (no last name provided) Manual Martinez Norma Guzman Robert Hernandez Jacob Perez Monique Lopez Crystal Parra David Saenz Justin Barsley Joyce Lee Lupe Rojas Emron (no last name provided) Barbara Beird Kai Trailer Roy Rusell Harold Tseklenis The following individuals spoke in opposition of bringing back an Ordinance for City Council consideration prohibiting smoking in public parks and at City-sponsored events: Vincent Flores Ernie Renden Clay McDonald Reynold Cabrino Sam Sarafin Council Member Guerra stated it was interesting to hear the public’s comments and thoughts; he is concerned about enforcement and penalties; he does not want police time invested on enforcement. He stated he agrees smoking is bad, and it is a person’s freedom to smoke; there is not one piece of evidence that states secondhand outdoor smoke causes any harm to your health. Council Member Guerra stated if the City Council does decide to move forward, the City should accept Los Angeles County’s offer to provide free signage, legal assistance, and staff time. Council Member Guerra stated he believes this is a political issue for Mayor Marquez and Council Member Vasquez. Council Member Guerra addressed Mayor Marquez’ comments about their conversation regarding placing this item on the agenda and stated it was not a Brown Act violation. Council Member Guerra stated that he is going to vote no on this item. Council Member Vasquez commended everyone for taking the time to come out and express their concerns. He stated he agrees with Council Member Guerra to accept Los Angeles County Department of Public Health’s offer to write the Ordinance and provide up to $20,000 in grant funds to post signage; and he addressed the issue of smoking on the golf course. He stated signs in the parks will allow park staff to advise the public they are not allowed to smoke in the park. -5- City Council Minutes 10/25/11 Mayor Marquez addressed the comments that this is a political item; he stated this item is about youth, and by the number of parents and children here it shows that this is an issue important to residents. Mayor Marquez stated he will always side with what is best for the youth and residents of this community. Mayor Pro Tem Brossmer stated he does believe there is common ground and having a designated smoking area in City parks would be the most prudent thing to do. He disagreed with the statement that this is a real issue in the City of Downey and said he has never received one complaint about smoking in the parks. He stated he does not mind looking at an Ordinance but does think the City can designate a smoking area and have the proper receptacles for the cigarette butts. He expressed his appreciation to the public for coming out and speaking on this item. It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Brossmer and to request staff return with a carried (3-2), Council Members Gafin and Guerra voting no, proposed Ordinance to prohibit smoking in public parks and City-sponsored events with a designated area for smoking. RECESS/RECONVENE: The meeting recessed at 10:11 p.m., and reconvened at 10:23 p.m., with all Council Members present. ADMINISTRATIVE REPORTS: 8. APPROVED NAMING VARIOUS STREET, ALLEY AND DRIVEWAY LOCATIONS AFTER THE THREE REMAINING “CHARACTER COUNTS” PILLARS (TRUSTWORTHINESS TRAIL, FAIRNESS LANE, CITIZENSHIP COURT) AND CHARACTER COUNTS DRIVE; AND SELECT FOUR LOCATIONS FOR THE PILLARS: Public Works. Mayor Pro Tem Brossmer noted he would be abstaining due to working for the Downey Unified School District and left the dais, the time being 10:24 p.m. John Oskoui, Director of Public Works, advised the item before the City Council is naming the various streets, alleys, and driveway locations within the City with the remaining names of the Character Counts Pillars. Mr. Oskoui advised staff has selected 11 locations for City Council consideration; five locations do not require change of addresses or impact any residents or businesses. Mr. Oskoui stated the approximate cost of installing the new street signs is approximately $1,500. Council Member Guerra stated he does not want to change residents’ addresses and suggested the City Council consider approving locations 1, 3, 4, and 6 which do not involve any citizens. Mayor Marquez stated he agrees with Council Member Guerra’s suggestion for locations 1, 3, and 4. He expressed concern regarding naming a street after the non-profit organization Character Counts, and asked what if other non-profit organizations in the City request to have a street named in their honor. Mayor Marquez requested the City Attorney’s input on the issue. Council Member Guerra advised Mr. Josephson of Character Counts, has agreed to allow the City to use the name. City Attorney Abich Garcia recommended the City receive written permission from the organization that grants the City permission to use their name. -6- City Council Minutes 10/25/11 Assistant City Manager Livas stated Character Counts is an important program for the City Council; however, it is a possibility other non-profit organizations can request a street be named after their organization. Council Member Guerra stated he would be willing to consider leaving out Character Counts Court until additional research is conducted by staff. He asked the City Council vote for locations 1, 3, and 4. Council Member Gafin expressed his concern over location 1, which is an alley with no connection to a school. Council Member Gafin recommended the City Council consider locations 3, 4, and 6, which are in connection with schools. If the City receives permission for Character Counts Court the Council can consider location 1 at that point. Council Member Vasquez stated it is a great idea and adding the three last pillars sends a message to the City that Downey is a Character Counts community. Mr. Vasquez requested information on the number of staff hours spent on this item. Mr. Oskoui advised approximately 20 hours of staff time has been used for the entire project. It was moved by Council Member Guerra, seconded by Council Member Vasquez and to approve the naming of location 3 as carried (4-0), Mayor Pro Tem Brossmer abstaining, Fairness Lane, location 4 as Citizenship Court, and location 6 as Trustworthiness Trail, and return to the City Council with a recommendation for Character Counts Court at locations 1 or 11. Mayor Pro Tem Brossmer returned to the dias at 10:38 p.m. 9. APPROVE SPEED HUMP PILOT PROGRAM AND THE LIST OF TRIAL SPEED HUMP LOCATIONS: Public Works. John Oskoui, Director of Public Works, advised at the conclusion of the February 22, 2011 City Traffic Calming Program update, the City Council voted to continue the update to a future meeting and in the meantime directed staff to formulate a program for installation of speed humps without having to exhaust all stage one measures. The Council’s direction was to explore the possibility of skipping stage one and going directly to stage two; choose ten locations, two in each district, for Council consideration while establishing guidelines and criteria for evaluation of the installation of speed humps. Mayor Pro Tem Brossmer asked for the status of the flashing signs. Mr. Oskoui advised the flashing signs are funded by Caltrans. The City was advised that the Sacramento District Office has approved the locations and the City should be receiving an award letter soon; the bidding will be in either December or January; the signs will go up in March or April; and the project will be completed by summer. After receiving Mr. Oskoui’s report, Council Member Vasquez determined that he needed to recuse himself from this item because his residence on Cecilia Street is on one of the proposed locations. City Attorney Abich Garcia recommended Council Member Vasquez abstain from this item as not to influence the decision. Council Member Vasquez left the dias at 10:43 p.m. -7- City Council Minutes 10/25/11 Council Member Guerra commented on the recommended locations and cost of the project. He requested the City Council install and test two speed humps on Melva Street and Quill Avenue, between Rives Avenue and Paramount Boulevard. Mr. Oskoui continued to review the criteria for selecting the locations. Council Member Guerra left the dias, the time being 10:51 p.m., and returned at 10:53 p.m. Council Member Gafin commented on the Traffic Calming Program’s multiple stages as a way to consider whether a less expensive approach can be taken instead of reconstructing the road. He stated the 90% rule is one of the most important factors of this program. If 90% of the citizens agree then there is an issue on the street. Mayor Pro Tem Brossmer clarified that 90% of owners need to be contacted; 75% need to be in favor of the recommendation. Council Member Gafin confirmed he is in favor of the 75% requirement as long as the 90% contact is the property owner. Council Member Gafin commented on the recommended 300 feet spacing of the speed humps. Council Member Gafin stated he does not mind having a test area; however, he is not willing to spend any money in his district if it is not up to the full engineering recommendation to obtain accurate data for reevaluation. Council Member Guerra proposed the City Council start with two speed humps on one block, and if the speed humps are working then additional speed humps can be added. Council Member Guerra opposed Quill Avenue, as recommended in the staff report, as a location for the project. Mr. Oskoui advised the genesis of the program were the complaints received; Quill Avenue was submitted through a petition and that was the reason it was selected. Council Member Guerra stated he believes there are more effective streets for the installation of the speed humps. He requested the City Council take his request into consideration. Mr. Oskoui advised the locations were selected because staff was directed by the City Council to review the locations that submitted petitions. Staff evaluated all 44 locations, and some did not qualify. Five of the recommended locations on the list were created because staff needed to expand the search. Mayor Marquez stated it has been four years or more of spending staff time on this item. He requested the professional opinions of the Director of Public Works, the Police Chief, and the Fire Chief. Mr. Oskoui stated in his professional opinion speed humps are recognized tools as a traffic calming measure; however, speed humps are almost always selected as a secondary step once other steps have been exercised. He reiterated that the City Council directed staff to return to Council to set the perimeter as a guideline to comeback with a recommendation. Fire Chief Croom stated he does not recommend speed humps in the City as it increases response times between 5.9 and 15 seconds. Council Member Gafin asked about the speed hump wheel openings to fit the fire trucks. Fire Chief Croom advised speed humps do allow for fire truck wheel bases; however, the Downey Fire Department has four different wheel bases and most apparatus weigh approximately 40,000 pounds. He stated it is not recommended by the fire service. -8- City Council Minutes 10/25/11 Police Chief Esteves stated the timing aspect is always a concern and he does not know how that would effect the Police Department’s response time and effectiveness. He stated in his experience where speed bumps are fairly far apart, cars do slow down and speed up in-between. Assistant City Manager Livas stated what the City Council needs to determine is whether or not we want to have a pilot program. Council Member Guerra has recommended a scaled down pilot program, however, the program should be based on the Engineer’s recommendation so the City can obtain accurate data. Mayor Pro Tem Brossmer asked what funding source the City will use for this project. Mr. Livas advised Gas Tax will be used but is not sure what effect it will have on the budget. Mayor Pro Tem Brossmer stated he does not mind having a trial program in Council Member Guerra’s district using the specifications outlined in the report. Mayor Pro Tem Brossmer stated he would prefer to use Gas Tax and not General Fund monies. Mayor Marquez stated he is not willing to sacrifice street improvements to try a pilot program. The Council has heard from the Fire and Police Chiefs that it does cut down response times. He stated there are other ways to deal with traffic in the neighborhoods and is not in favor of spending additional money for staff time and on gathering additional data. It was recommended by Council Member Guerra, seconded by Mayor Pro Tem Brossmer, failed (1-3) and, Council Member Gafin, Mayor Pro Tem Brossmer, and Mayor Marquez voting no, to conduct a pilot program on two blocks, Quill and Council Member Vasquez abstaining, Avenue, between Rives Avenue and Paramount Boulevard; and on Melva Street, and install three speed humps at a 500 feet distance, not using the Engineer’s specifications, and utilize Gas Tax money to fund the project. Council Member Vasquez returned to the dias at 11:32 p.m. STAFF MEMBER COMMENTS: None. RECESS/ADJOURNMENT: The meeting was recessed 11:32 p.m. to go into Closed Session. The meeting reconvened at 11:39 p.m., and immediately adjourned to 6:30 p.m., November 8, 2011. ___________________________ ____________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -9- City Council Minutes 10/25/11