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HomeMy WebLinkAbout02. Minutes - 11-08-11 Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING November 8, 2011 The City Council of the City of Downey held a Regular Meeting at 7:39 p.m., November 8, 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 Adria Jimenez, Consultant, City Clerk’s Office 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 Shirley Conte, Secretary to the City Council Other City Staff COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Mayor Pro Tem Brossmer mentioned attending the America Concert at the Downey Civic Theatre, which was well attended, and recognized the new theatre management group, VenueTech Management Group; noted he attended a neighborhood watch meeting on Finevale Drive; noted the Downey Art Vive group will have an art show on Thursday at the Downey Civic Theatre; and noted the Veteran’s Day ceremony will be moved inside the Theatre, due to rain being forecast. Council Member Guerra advised he will attend the Veteran’s Day ceremony; said he did th attend his 95 neighborhood watch meeting; attended the Southern California Association of Government’s (SCAG) meeting last week where the Regional Transportation Plan (RTP), was discussed and noted this plan highlights regional transportation for Southern California; mentioned the “take back drugs” event at the Discovery Sports Complex where the Emergency Preparedness Committee along with the Police and Fire Departments took in over 430 pounds of old drugs and used syringes; and mentioned attending the Halloween event at Apollo Park, thanking the Soroptimist and Optimist Clubs for participating. He requested staff review the parking situation during the Halloween event to avoid future problems. He also mentioned complaints received about increased water bills and asked staff to provide a benchmark on some of the impacts. He referred to the investment policy portfolio and asked staff to return with a report on current interest rates and renewal rates. He asked when the benches that were removed when the police memorial was installed will be reinstalled or replaced. -1- City Council Minutes 11/08/11 Council Member Vasquez referred to the first Downey Youth Commission meeting and acknowledged members Genesis Anguiano, Sophia Paik, Carlos Valenzuela and Vanessa Sanchez in the audience; mentioned attending the Beating Hearts Foundation event on Saturday at the Barbara J. Riley Senior Center; asked staff to make sure that park gates are being closed after business hours; and recognized Emergency Preparedness member Lee Ann Sears, Kiwanis Club President Jason Cierpiszewski, and former Mayor Meredith Perkins in the audience. Council Member Gafin referred to the widening of the I-5 Freeway in Orange County and the continuation of the project from Carmenita Road and Valley View Boulevard to the I-605 Freeway, noting next Tuesday, November 15, from 6:00 p.m. – 8:00 p.m., Caltrans staff will be at the Barbara J. Riley Senior Center for a community meeting to discuss how the project will affect Downey. Mayor Marquez thanked everyone for attending tonight’s meeting; announced next Saturday the City will host free flu shots from 9:00 a.m. to 1:00 p.m. in front of the Downey Civic Theatre; and noted the Halloween Pumpkin Patch was a great event, commending City staff and the Optimist and Soroptimist Clubs for their participation. He concurred with Council Member Guerra that the parking situation needs to be reviewed. He inquired if there is an Ordinance requiring the cleanup of discarded items when moving out of multi-tenant dwelling units. He requested staff provide apartment managers with CalMet information. He also noted yard sales are an issue and confirmed there are only two yard sales allowed per year per address, including apartment complexes, and requested staff initiate a tracking mechanism. PRESENTATIONS: Council’s appointed representative to the Greater Los Angeles County Vector Control District, Meredith Perkins, presented a PowerPoint program depicting Vector Control District staff, services and educational programs the District provides. He commended the District’s management and staff; referred to cost saving measures initiated and implemented by employees; noted rates have not been raised in three years even though they are the largest Vector Association in the United States; explained their “Bug Bus” educational program that visits elementary schools to teach children about mosquitoes; and referred to the District’s annual poster design contest where the winning poster is displayed on Metropolitan Transit Department buses during the summer months. Commissioner Perkins advised he decided to resign from his position with the Vector Control District effective December 31, 2011, and stated it has been his pleasure to serve the City and the Vector Control District. Mayor Marquez thanked Commissioner Perkins for his service to the City and community on the City Council and for serving the City as its representative on the Greater Los Angeles County Vector Control District. Mayor Marquez presented a proclamation to Pastor Rob, member of the United Long Term Care Workers Union (ULTCW), declaring the month of November as National Family Care Givers Month. Pastor Rob noted there are 6 million care givers in California, said he represents 180,000 union members and thanked the Council on behalf of all care givers for its recognition. PUBLIC HEARINGS: None. NON-AGENDA PUBLIC COMMENT: Laura Casantino, resident, expressed her concerns with the Police Department and referred to the recent officer involved shootings. John Quagliani, Director of Downey Chamber of Commerce, thanked the Mayor and Council on behalf of the Chamber for its approval of this year’s Christmas Parade. -2- City Council Minutes 11/08/11 City Attorney Abich Garcia announced that the Council can not respond to comments on the recent officer involved shooting matter because of pending investigations by the Sheriff’s Department and the District Attorney’s Office. The following people spoke regarding the recent officer involved shooting. Augustine Zavala Jean Thaxton Gerald Thaxton, II Terry Termora Kim Hunter Steven Cardell Miram Espinoza Ryan Shaw Richard Martinez Vincent Flores Mary Faalima-Harris Greg Thaxton Susan Thaxton Doug Hoffman Richard McCloud Damien Ramirez Paul Orloff Moses Rios Hernandez, veteran, advised he has taken on a project to raise money for the wounded warrior program and is conducting the project out of Luis’s Meat Market at 9071 Imperial Highway in Downey, if anyone wishes to participate. John Lacey, resident, commented that he felt it was the Council’s duty to hear from everyone who wishes to speak during the public comment portion of the Agenda. He also felt a negative vote by a Council Member on any Agenda item should include a summary of the reason why. RECESS/RECONVENE recessedreconvened The meeting at 9:17 p.m. and at 9:24 p.m. with all Council Members present. CONSENT ITEMS REMOVED: 1. APPROVE CITY COUNCIL MINUTES: Adjourned and Regular Meetings October 25, 2011: City Clerk. This item was pulled by Council Member Guerra and is listed under Other Business below. 4. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON GALLATIN ROAD BETWEEN TWEEDY LANE AND PARAMOUNT BOULEVARD : Public Works. This item was pulled by Council Member Guerra and is listed under Other Business below. Council Member Guerra also announced he would be voting no on Item 5 and advised he has voted no on each previous California Public Employees’ Retirement contract. CITY COUNCIL CONSENT CALENDAR: It was moved by Mayor Pro Tem Brossmer, seconded by Council Member Gafin and approve the remainder of the Consent Calendar Items unanimously carried to as presented, noting Council Member Guerra voted no on Item No. 5. 2. APPROVED WARRANTS ISSUED: Warrant Nos. 263031 – 263314; Wire Nos. 30002514 – : 30002523 and 806 – 811; Cashier’s Check No. 1; in the total amount of $3,061,347.03 Finance. 3. APPROVED CHAMBER OF COMMERCE PARADE PERMIT, SUNDAY, DECEMBER 4, 2011: Administration. -3- City Council Minutes 11/08/11 5. ADOPTED ORDINANCE NO. 11-1294, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (Provide 3% at 55 Second Tier Retirement Formula for Local Fire Safety Member New Hires):Administration. 6. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR THE 2010 CALIFORNIA FIRE CODE: Fire. A. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 3, 4, 5, AND 6 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE, THROUGH ADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9), BASED ON THE INTERNATIONAL FIRE CODE, 2009 EDITION, WITH ERRATA, AND THOSE PORTIONS OF THE INTERNATIONAL FIRE CODE, 2009 EDITION, INCLUDING APPENDICES A THROUGH J INCLUSIVE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO, FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO THE LIFE AND PROPERTY FROM FIRE OR EXPLOSION; AND ADOPTING CHAPTER 6.95 OF CALIFORNIA HEALTH AND SAFETY CODE FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM THE HANDLING, USE, STORAGE OR RELEASE OF HAZARDOUS MATERIALS OR HAZARDOUS WASTE B. SET PUBLIC HEARING FOR NOVEMBER 22, 2011, FOR PUBLIC TESTIMONY AND ADOPTION OF THE ORDINANCE. ADMINISTRATIVE REPORTS: 7. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE X, CHAPTER 1 OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 10128 TO PROHIBIT SMOKING IN PUBLIC PARKS, AND DURING CITY-SPONSORED EVENTS, EXCEPT IN DESIGNATED AREAS: City Attorney. City Attorney Abich Garcia referred to previous extensive discussion and public comment on whether or not to bring back an Ordinance prohibiting smoking in public parks and noted the item presented is the first draft of an Ordinance that follows Council’s direction from its last meeting. She noted the Ordinance was changed slightly from what was initially presented for the Agenda packet, advising that language was added that noted at any City-sponsored event smoking is prohibited, except for areas designated for smoking during those events. She submitted copies to the Council and advised copies were provided for the public and it is also posted on the City’s website. She reviewed the changes in the Ordinance and provided definitions for parks and City- sponsored events. She noted the Ordinance did not specifically express how the City will designate smoking areas, as each park has a specific configuration. She recommended allowing a committee of staff members to study each park and come back to Council with a plan for the designated areas in each park. She noted most City-sponsored events take place in parks with the two exceptions of the Taste of Downey and the Tree Lighting ceremony and recommends allowing staff to designate an area for smoking at each event. -4- City Council Minutes 11/08/11 She advised there will be two sets of signage, one stating no smoking in this area and the other stating this is a smoking area. She referred to enforcement tools for law enforcement. One tool is to have Staff give warnings before calling a Police Officer and the other is to issue an administrative citation which will be a $100 fine paid directly to the City. Council Member Guerra asked if the police must view the person smoking and the response was yes. He noted current State law states no smoking 25 feet from a playground and suggested making it no smoking 50 feet from any human being. He felt receptacles for cigarette butts should be placed where children play, as this is the area of most concern. He proposed sending the Ordinance back to City Attorney for revision. Council Member Gafin stated he originally voted no on the Ordinance, but noted when it becomes overwhelming that the citizens want enforcement, the Council needs to listen. He felt the Ordinance was good as presented, stated he did not necessarily agree with the 50 feet from any human being suggestion, and noted one of the biggest complaints was the litter aspect but did not see anything in the Ordinance requiring receptacles and felt it should be added. Council Member Vasquez disagreed with the 50 feet from any human being suggestion and liked the way the City Attorney addressed the concerns of the Council and citizens. He agreed with having receptacles in the areas where the litter is occurring. City Attorney Abich Garcia noted Community Services staff can add the receptacles and it does not need to be stated in the Ordinance. Council Member Guerra asked if there are currently no smoking signs in parks and, if so, suggested receptacles be placed in those areas. Community Services Director Phillips responded there are signs but felt the addition of receptacles may encourage people to smoke in those areas. Mayor Marquez agreed that receptacles by no smoking signs might encourage smoking in those areas and stated he is 100 percent in support of the Ordinance as presented. He asked those in the audience in support of the Ordinance to stand and the majority stood up and also asked those in opposition to stand. The following individuals spoke in support of introducing the Ordinance prohibiting smoking in public parks and at City-sponsored events, except in designated areas: Alex Gaytan April Tao Jenni Jung Angela Steras April Rios Veronica Amescua Gloria Hernandez & children Danny Gonzalez Francelia Lara Carena Gonzalez Lars Clutterham Tim Duran Dena (no last name provided? Brenda Lopez Rose Izel The following individuals spoke in opposition of the Ordinance. Vincent Flores Ed Santiago John Lacey Council Member Guerra stated for the record that he felt the Ordinance will not stop smoking around playgrounds, which he noted is already a law. He felt the same issues and problems will exist and noted he will be voting against it. He thanked the kids for attending and suggested they lobby the Council to work on the 20 recommendations passed in a report from the Green Task Force. -5- City Council Minutes 11/08/11 It was moved by Council Member Vasquez, seconded by Mayor Pro Tem Brossmer and introduce the Ordinance as presented, carried 4-1 with Council Member Guerra voting no, to noting Council Member Gafin’s agreement with having staff handle the placement of litter . receptacles Prior to the vote, Mayor Marquez stated he was proud of the students and the Council to bring forward the Ordinance to address this public health issue. He also thanked the Los Angeles County Health Department staff for providing information on programs and signage. Council Member Guerra asked, for the record, whether smoking is allowed at filming activities if they utilize parks, referring to Page 3, Section E, of the Ordinance. City Attorney Abich Garcia responded that it is, advising there is an exemption; however, they are required to handle any cleanup. OTHER BUSINESS: CONSENT ITEMS REMOVED: 1. APPROVED CITY COUNCIL MINUTES: Adjourned and Regular Meetings October 25, 2011: City Clerk. Council Member Guerra referred to Page 6 of the minutes, stating he wanted the minutes to reflect the statement by Mayor Pro Tem Brossmer for the motion that he agreed with moving forward with the Ordinance with the caveat that there be designated areas at the parks and at city functions for those people that do chose to smoke to have the opportunity to do so. He noted Council Member Vasquez was in agreement. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and approve the Minutes of October 25, as amended. unanimously carried to 4. INTRODUCED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE RELATING TO SPEED LIMITS ON GALLATIN ROAD BETWEEN TWEEDY LANE AND PARAMOUNT BOULEVARD : Public Works. Council Member Guerra asked what the cost is for a speeding ticket in the City. Police Chief Esteves noted it depends on how many miles over the speed limit an individual was driving. He said it could be in the range of $300. It was moved by Council Member Guerra, seconded by Mayor Pro Tem Brossmer and introduce the Ordinance. unanimously carried to STAFF MEMBER COMMENTS: None. ADJOURNMENT: The meeting adjourned at 10:37 p.m. to 6:30 p.m., November 22, 2011. ___________________________ ____________________________ JOYCE E. DOYLE, Interim City Clerk LUIS H. MARQUEZ, Mayor -6- City Council Minutes 11/08/11