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HomeMy WebLinkAboutMinutes - 10-16-01 - Adjourned w CDC Oij MINUTES OF THE CITY COUNCIL /COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 16, 2001 The City Council /Community Development Commission of the City of Downey held an adjourned regular meeting at 5:35 p.m., October 16, 2001, in the Council Chamber of the Downey City Hall, Mayor /Chairman Robert C. Winningham presiding. PRESENT: Council Members /Commissioners: Robert C. Winningham Mayor /Chairman Meredith H. Perkins Mayor Pro Tem/Vice - Chairman Rick Trejo Kirk O. Cartozian Keith McCarthy ALSO PRESENT: Gerald M. Caton, City Manager /Executive Director Kathleen Midstokke, City Clerk/Secretary John Finch, Police Chief Darrell George, Director of Community & Economic Development/ Assistant Executive Director James Jarrett, Director of Community Services Mark Sauter, Fire Chief Kevin O'Connor, Theatre Manager Christine Vogel, Assistant to the City Manager Shirley Conte, Executive Secretary The Flag Salute was led by City Clerk Kathleen Midstokke. Mayor Winningham announced an emergency item staff requested be added to the Closed Session Agenda requiring Council direction by Thursday, October 18th. He advised the item involves existing litigation and will require a four - fifths vote of the Council to add it to the Closed Session. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to add Item A. to the Closed Session Agenda. (See Item A below) ADMINISTRATIVE REPORTS REPORT ON COMMUNITY FORUMS HELD REGARDING THE POTENTIAL BAN OF FIREWORKS IN THE CITY OF DOWNEY Chief Sauter mentioned the difficulties experienced by fire and police staff during fireworks season. He noted paramedics usually respond to an average of 21 -22 incidents a day, with 30 incidents constituting a busy day, and advised they responded to 45 incidents on July 4th. He referred to comments by speakers on both sides of the issue at the two fireworks forums, stating the sale and City Council /Community Dev. Comm. Minutes (adj.) 10/16/01 -1- 01 313% use of safe and sane fireworks in a community of over 100,000 residents challenges public safety providers and fosters an environment of increased risk tolerance. He noted there was a consensus to increase enforcement and penalties for violators. Chief Finch noted everyone at the public forums expressed support for holding fireworks violators accountable with heavy fines. He mentioned he contacted local judges requesting they issue stiff fines but stated this cooperation may not be forthcoming next year, as the judges will be changing and the stability of past cooperation may not be available. He explained it is difficult to enforce State fireworks laws when safe and sane fireworks are allowed and he felt the City has been very lucky. In response to the Council /Commission, he advised it would be easier for the Police Department to enforce the City's Municipal Code, if all types of fireworks were banned. He pointed out it will take a number of years to retrain the community but will make it much easier to combat illegal fireworks, if safe and sane fireworks were banned also. He also explained that it is up to the judge to determine if a violation is an infraction or a misdemeanor, noting the City Prosecutor can make suggestions. Mayor Winningham announced the non - profit organizations selling fireworks on July 4th requested permission to present a Power Point program, to which he agreed. Edwin Huber, 10263 Casanes Avenue, representing the volunteer groups who raise funds from fireworks sales, presented a Power Point program, mentioning statistics about the amount of fireworks sold in the United States and the number of injuries per 1,000 pounds of fireworks. He pointed out Downey Unified School District does not participate in the free programs initiated by the fireworks industry to improve safe and sane fireworks and to control illegal fireworks. He advised statistics show that banning safe and sane fireworks does not stop the use of illegal fireworks and cities that have banned fireworks have more damage from fireworks than Downey has. Council Member Perkins complimented Mr. Huber on his presentation and inquired if he represented any of the City's non -profit organizations and was informed he represents the Downey Junior Chamber of Commerce. He questioned the figures quoted for fireworks sales in 2001, noting they could not be accurate, as several of the organizations selling fireworks have not reported their sales figures. Mr. Huber advised his figures came from the amount sold and profit made. Lennie Whittington, 8542 Manatee Street, referred to comments at the fireworks forum last Thursday regarding patriotism and felt fireworks have nothing to do with being patriotic. He also noted it was mentioned older citizens are the ones who do not want fireworks and pointed out the older citizens made Downey what it is today and are the ones who get out and vote. He suggested the Council put the fireworks issue on the 2002 ballot. Mayor Winningham thanked the public for their comments at the two prior meetings. Ms. Midstokke mentioned correspondence received from Ed Di Loreto today. City Council /Community Dev. Comm. Minutes (adj.) 10/16/01 -2- 013939 r : Brian Hamen, 10624 Horton Avenue, stated he is a member of the fire service and Chief Fire and Life Safety Officer for a division of the State Architect. This is the State agency responsible for design and construction of school facilities. He questioned statistics presented by a previous speaker and p ointed out the last July 4th holiday was a lot louder than those in the past in Downey and created a sense of lawlessness. Neville Kilpatrick, 8117 Fifth Street, referred to a law in effect since 1996 that parents are financially responsible for their children until 18 years of age and felt parents are responsible to teach their children to respect the property of others. She mentioned cities that have banned fireworks and are glad they did so and cities that have fireworks, which she felt are cities with many problems. Fred Stokel, 9804 Brookshire Avenue, read a letter addressed to the Council, which mentioned the right to fire safe and sane fireworks should not be lost. He stated it is aerial fireworks that endanger everything below them, are hazardous, and should only be fired by qualified people. Sue Philips, 7927 Honda Street, advised she was one of the speakers who said it was the firemen's job to respond to fireworks calls and apologized if she offended anyone. She felt people would still buy fireworks elsewhere if they were banned in Downey and felt Downey children should benefit from the sales revenue instead. Judith Moore, 8739 Dalen Street, stated safe and sane fireworks become unsafe and insane on her street. She mentioned the lengthy response time when she called the Police Department before the 4th of July to report a neighbor shooting fireworks off their roof. Rick Ushery, 12236 Horley Avenue, referred to the various meetings on fireworks and the arguments for and against, stating he felt the majority of people against fireworks were senior citizens. He stated he is a volunteer in various organizations, has worked firework stands for 17 years, and felt education is the key. Dennis Revell, President of Revell Communications, 1121 L. Street, Suite 806, Sacramento, CA, advised he coordinates the Statewide safety and education program operated out of the State Fire Marshall's Office, with the support of the State approved fireworks industry and the 3,000 non - profit organizations who sell state approved fireworks in California. He advised he also coordinates school programs run through the State Fire Marshall's Office and represents American Promotional Events, who distribute fireworks to the City's 17 non - profit organizations. He noted illegal fireworks have consistently been and are an increasing problem. Mayor Winningham asked if the State Fire Marshall will push toward Southern California to implement a zero - tolerance program and was informed the Fire Marshall has committed to taking the lead to coordinate a meeting between the Orange County District Attorney's Office, the Los Angeles County District Attorney's Office, Los Angeles Fire Department, Los Angeles County Sheriff's Department, and any Police and Fire Authority in this region to discuss the adoption of a zero - tolerance program City Council /Community Dev. Comm. Minutes (adj.) 10/16/01 -3- 01 3190 Council Member McCarthy advised the groups operating fireworks booths advised there was an increase in the sale of illegal fireworks, with vehicles actually pulling up to firework booths to sell illegal fireworks. He inquired if Mr. Revell knew of any organized effort regarding this type of sale and was informed the State Fire Marshall conducts public service announcements, school programs, and buys cable TV time, to provide messages regarding illegal fireworks. Ramona Dominguez, 9702 Richeon Avenue, mentioned speaking at a prior meeting in favor of banning fireworks, but noted she is a fundraiser for the Maude Price Elementary School PTA and Northwest Downey Little League. She stated she is now speaking in support of allowing fireworks sales in Downey. Mario Guerra, 7702 Yankee Street, mentioned he has been involved in West Downey Little League for 25 years and is the current Treasurer. He felt the fireworks issue comes down to education, responsibility, and enforcement. Charles Dominguez, 7319 Davis Street, Vice President of Northwest Downey Little League, noted this is a two sided issue, quoting President John Adams regarding how the Fourth of July ought to be commemorated. He stated he felt citizens should be allowed to express their patriotic hearts and felt fireworks are patriotism. Mike Monaco, 10634 Tristan Drive, member of the Downey Rotary Club and T.J TICO, who both raise money without selling fireworks, stated there are other ways to raise money. He commended Downey's Fire Chief and Police Chief, noting they are in charge of public safety and have recommended banning fireworks. He urged citizens to accept these recommendations and suggested the City have a full -blown patriotic display as its tradition. Dick Engles, 9518 Muller Street, advised there are 30,000 people in the 17 non - profit organizations that sell fireworks. He stated he represents Downey Pop Warner Football, who needs the funds raised from fireworks and has found no other way they can make the same amount of money in the short period of time. Wade Murdock, 9509 Samoline Avenue, felt banning fireworks would be the worst action the Council could take. He urged the Council to table the issue until next year, as he felt the numbers would change due to stricter enforcement at the nation's borders, since the recent terrorist attacks. Mike Prokop, 10444 Julius Avenue, noted the majority of the comments against fireworks were in reference to illegal fireworks and advised that areas where fireworks have been banned have not solved the problem of illegal fireworks. He referred to the zero tolerance and cooperative educational programs mentioned and urged the Council to consider the facts presented. Council Member /Commissioner Perkins commended the Rose Float Association for the job they do for the City. He questioned why the Rose Float Association had not reported their earnings for 2001 and was informed the figures were given to their treasurer and this matter will be investigate. Laura Yolton, 11864 Haro Avenue, stated fireworks have been part of her life since childhood and was 100 percent in favor of banning illegal fireworks but not the safe and sane fireworks. She advised she is a member of a youth group that supports itself through fireworks sales. City Council /Community Dev. Comm. _ Minutes (adj .) 10/16/01 -4- 013 94 I Council Member Cartozian presented a cartoon video he utilizes in his United States History class at the beginning of each school year when discussing the foundations of America. He pointed outit clarifies misconceptions about certain holidays and he reviewed the history of the 4th of July. He noted an Ordinance can be brought back continually and can be overturned and re- overturned by vote of the Council. He felt only a referendum vote would put this issue to rest and was in favor of placing it on the ballot for the March Statewide Primary in 2002. Council Member McCarthy commended the presentations by the Police and Fire Departments but felt the issue of fireworks will not go away no matter what action is taken by the Council. He concluded he was in favor of directing staff to continue with the present Downey Municipal Code sections regarding fireworks. He felt the solutions were education, a positive approach, and increased fines and enforcement and thought the City could find a better use for the funds to place this issue on the ballot. The meeting recessed at 7:35 p.m. and reconvened at 7:40 p.m. with all Council Members /Commissioners present. Council Member /Commissioner Trejo felt the City was out of control with illegal fireworks on the 4th of July but also felt it was not fair to the volunteer groups who rely on this funding for their organizations to ban fireworks. He was in favor of letting the citizens decide on this issue. Mayor Pro Tem /Commissioner Perkins noted this is a tough decision to make and echoed Council Member /Commissioner Trejo, stating he felt it should be placed on the ballot. He suggested, if fireworks are banned, that the ban not take place until the year 2003 to allow the non - profit groups time to find other fundraising methods. Mayor /Chairman Winningham agreed that more education is needed and mentioned being surprised that the Downey Unified School District does not participate in the zero tolerance educational program. He is in support of increased fines and enforcement and pointed out this is an issue the District Attorney and State Fire Marshall need to be involved in. He noted there are over 200 not - for - profit organizations in the City and over 180 that don't sell fireworks. He noted he represents District 4 and his constituents have spoke loud and clear in favor of banning fireworks. It was moved by Council Member /Commissioner Cartozian, seconded by Council Member /Commissioner Trejo, and carried by the following vote, to direct staff to take action to place the ban of fireworks on the ballot in March of 2002, with the ban not going into effect until July 2003 fireworks season. AYES 4 Council Members: Trejo, Perkins, Cartozian, Winningham NOES 1 Council Members: McCarthy Prior to the vote, Ms. Midstokke advised the last day to request consolidation with the County is December 7th and suggested, if the motion carries, coming back to the Council with Resolutions calling the election at the November 13th meeting. City Council /Community Dev. Comm. Minutes (adj .) 10/16/01 -5- n 3 . ORAL COMMUNICATIONS Wade Murdock, 9509 Samoline Avenue, inquired if people not presently registered to vote will have time to register and vote on the fireworks issue. He was informed they could still register up to 15 days prior to the election, which is in March of 2002. He thanked the Council /Commission for its wisdom and decision. Lennie Whittington, 8542 Manatee Street, inquired if the gentleman who spoke earlier stating he represented the State Fire Marshall's Office, was a lobbyist for the fireworks industry, and was informed he works in communications for many different groups. CLOSED SESSION Mayor /Chairman Winningham announced the Council /Commission is recessing to Closed Session (8:00 p.m.) to discuss the following Sections of the Government Code: A. SECTION 54956.9 - Subdivision (a) — Conference with legal counsel — existing litigation: City of Signal Hill, et al., vs. Los Angeles Regional Water Quality Control Board, Los Angeles Superior Court Case #BC 245 633. The meeting reconvened in open session at 8:30 p.m. with all Council Members/ - Commissioners present. There were no Closed Session actions to report. The meeting recessed at 8:30 p.m. ADJOURNMENT: 8:30 p.m. The meeting was adjourned to 6:30 p.m., October 23, 2001, in the Council Chamber of the Downey City Hall. ( eatidAe4i)GY: 312cdataL t - ' f Kathleen L. Midstokke, City Clerk/Secretary Robert C. Winningham, Mayor /Chairman h: \cclerk\sconte \ajmn 1016 City Council /Community Dev. Comm. Minutes (adj .) 10/16/01 -6-