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HomeMy WebLinkAboutMinutes 03-24-15 Regular MeetingMINUTES OF COUNCIL CITY OF OF DOWNE REGULAR MEETING MARCH 24, 2015 1 The City Council of the City of Downey held a Regular City Council Meeting on March 24, 2015, at 6:41 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Marquez presiding. PRESENT: Council Members: Luis H. Marquez Alex Saab Sean Ashton Roger C. Brossmer Fernando Vasquez Mayor Mayor Pro Tern Council Member Council Member Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, CMC,_City Clerk John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Carl Charles, Chief of Police Mark Gillaspie, Fire Chief Mohammad Mostahkami,- Public Works Director Arlene Salazar, Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director The Invocation was delivered by Pastor Jackson Fong, First Baptist Church. The Flag Salute was led by Ayden Arencibia. COUNCIL - • UNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEM CONFERENCE/MEETING REPORTS Council Member Brossmer reported attending the Downtown Subcommittee and Waste Haulers Subcommittee meetings last week. He commended staff for their participation in the Arc Walk, and announced Downey Adult School's 75th Anniversary Event. He thanked staff for their work on the Apollo Park Walking Trail and Dedication Event. Council Member Ashton reported attending the Keep Downey Beautiful Clean -up attended by over 80 people, and announced the next clean -up event will be held on April 11th. He thanked City Staff for participation and assistance with the Apollo Park Dedication and Arc Walk. Council Member Vasquez thanked the Police and Fire Departments for their participation at the GOOD Luncheon last week and for their work in ensuring the safety of our community when it comes to gang prevention. He reported attending the 1 -5 Joint Powers Authority Meeting and reported construction is on schedule for the 1 -5/605 junction with major work starting in September. He reported the Florence Avenue Bridge will be down to one lane in each direction and major construction will take approximately 45 -60 days. When the bridge construction starts the Firestone Bridge will be completely open as an alternative to entering and exiting the City. He advised he will be attending the Downey Adult School Anniversary event. He reported attending the Waste Haulers Subcommittee Meeting and staff is assisting in moving that item forward quickly. Council Member Vasquez recognized: Jorge Orozco, CEO, Rancho Los Amigos; Andrea Avila, LA County Supervisor Knabe's Office; and, Alma Marquez, District Director for Senator Mendoza's Office, whom were in the audience. 1 Council Member Vasquez advised he is receiving inquiries from residents regarding homelessness in the City and requested staff return to City Council with an update. City Manager Livas advised staff will return to Council with an update and noted the riverbed encampments have been cleared. Mayor Pro Tern Saab welcomed everyone to the meeting and recognized Karina Madariaga, Chamber of Commerce Board Member; Johnathan Fonti, Downey Association of Realtors; and, asked the Youth Commissioners in the audience to stand._ Mayor Pro Tern Saab reported attending the Rose Float Association Installation and the Ms. Downey Pageant event this past Saturday. He attended the Arc Walk and noted it was one of the highlights of the year and was happy to see different organizations come together to support _a great cause. Mayor Pro Tern Saab thanked Don Knabe's Office and City staff for doing a great job on the walking trail. Mayor Pro Tern Saab invited everyone to attend the Street Faire event on April 11 and announced the City of STEM Science Festival at the Columbia Memorial Space Center, April 6 -April 11. He also advised that same week is National Library Week and noted there will be several speakers at the Library. Mayor Pro Tern Saab reported attending the GOOD Luncheon and thanked everyone who is involved in GOOD. He requested staff assist the Downey Historical Society Museum in obtaining proper signage; requested the sidewalks on Downey Avenue be power washed and consider having regular cleaning conducted due to increased use; lastly, advised businesses on Downey Avenue should be receiving a survey to collect information about how they feel about moving the Farmers Market. Mayor Marquez welcomed everyone to the City Council Meeting and welcomed John Paul Drayer, Cerritos College Trustee, Carlos Galvan, Public Facilities Financing Corporation Member; and, Alma Marquez, District Director for Senator Mendoza and his children Diego and Maya, whom were in the audience. Mayor Marquez reported attending the Ribbon Cutting for the walking trail at Apollo Park and thanked City Staff for a -great job on the installation and the event. He thanked participants for attending the ARC Walk and supporting a great organization._ He noted it is great to have legislative representatives in attendance and thanked Stonewood Mall for hosting the event, Police, Public Works and Fire for assisting. Mayor Marquez report on the GOOD Luncheon and thanked LA County Supervisor Don Knabe for attending and showing his support for Downey. He also thanked Senator Menodza's Office, Congresswoman Lucille Roybal- Allard's Office, and Assembly Member Cristina Garcia's Office for attending. PRESENTATIONS 1. Mayor Marquez presented a Proclamation to American Red Cross in recognition of "American Red Cross Awareness Month." 2. Mayor Marquez presented Certificates of Recognition to individuals who were instrumental in completing the Downey Counts initiative:_ Kimberly Barnette, Our Place Housing Solutions; Colleen Murphy, PATH; Laura_Hurtado, Program & Volunteer Coordinator, Stay Gallery; Lisa Fox, First Baptist Church of Downey; and, Andrew Wahlquist. 3. Mayor Marquez presented a Certificate of Commemoration to Lance Corporal Joshua Whittle's Mother for his service and sacrifice to the United States of America. 4. Representatives from Los Angeles County presented an update on the Rancho Los Amigos North Campus Facility Improvement Plan. NON - AGENDA PUBLIC COMMENT Andrew Wahlquist, Downey Arts Coalition President, announced their upcoming concert on April 11th, Romantic Gems, which includes a small art show in the lobby of the Theatre prior to the extent. 2 John Paul Drayer, Cerritos College Board of Trustees, reported Cerritos College has narrowed the search to two candidates. for College President, and advised Cerritos College recently held a Ground Breaking for the new fine arts, computer and technology, and math building a few weeks ago. Emory Cypress, resident, commented on the progress of Downtown Downey and advised there are issues with intoxicated people leaving the bars. Michael Chirco, resident, requested information on the recent Rio Hondo School break-in. City Manager Livas advised information - regarding his concern is more appropriate for the School District. Carlos Galvan, Jr., resident, commended the City for their assistance with the clean-up efforts at Rio Hondo School Mr. Galvan commended Dr. Garcia, Mr. Brossmer, Mrs. Rawlings, and the Downey Police Department for their personal assistance with the clean -up. Noting no further speakers, Mayor Marquez closed Non- Agenda Public Comment at 7 :48 p.m. � r It was moved by Council Member Brossmer, seconded by Council Member Ashton, and unanimously approved, with Mayor Pro Tern Saab abstaining from Item Nos. 3 and 7, because the project area is located within 500' of his personal residence and personal client, and Council Member Vasquez abstaining from Item No. 7, because the project area is located within 500' feet of his personal residence, to approve the remainder of the Consent Calendar. 1. APPROVED MINUTES ": City Council Meeting of February 10, 2015: City Clerk. 2. WARRANTS ISSUED: Warrant Nos. are 292319 - 292741; Wire Nos. 30003295- 30003300; Manual Wire Nos. 1322 — 1324; Cashier's Check No. 69, in the total amount of $4,599,186.98: Finance. 3. CASH CONTRACT NO.- S.S. 488B FIRESTONE BOULEVARD IMPROVEMENT PROJECT FROM OLD RIVER SCHOOL ROAD TO BROOKSHIRE AVENUE: ACCEPTED THE POTABLE WATER SYSTEM IMPROVEMENTS AS COMPLETE, APPROVED THE FINAL CONSTRUCTION CONTRACT AMOUNT OF $643,912.75 AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE: Public Works. CONTRACT 4. CASH • S.S. 613 - TRAFFIC SIGNALIZATION IMPROVEMENTS WOODRUFF AVENUE AT VIA AMORITA INTERSECTION: ACCEPTED THE TRAFFIC SIGNALIZATION IMPROVEMENTS, APPROVED THE FINAL CONSTRUCTION i RACT AMOUNT OF r DIRECTED THE PUBLIC WORKS DIRECTOR TO FILE THE NOTICE OF •f • Public Works. ♦. 1. :.. � � � is r: � �: � r .. � � - r - � � r: . � 1. - r �. Arlene Salazar, Director of Parks and Recreation, stated the recommendation is for staff to purchase surveillance cameras for parks which was requested by Mayor Marquez at the prior Council Meeting. Ms. Salazar advised Marcel Corby, Vice - President, Security Lines US, is here to answer any questions the City Council may have. The one -time _cost for the purchase of the cameras is $391,000 with on -going costs of $22,000 specific to the internet service required to maintain the cameras. Mayor Pro Tern Saab asked how the cameras are monitored. Director Salazar stated the monitoring would take place in the Dispatching Center of the Police Department. Chief Charles advised monitoring would require 24 -7 surveillance. 4 Council Member Brossmer asked how many cameras were installed at Brookshire Park and if they are currently online and being displayed in Dispatch. Chief Charles advised there are four online cameras located at Brookshire Park and are monitored in the Sergeant's Office, occupied by staff 24 -7. Council Member Vasquez asked if the parks cameras are installed, how monitoring would occur. Chief Charles stated it would be impossible to monitor all the cameras with the current staffing level. One person would need to be dedicated to monitor the cameras at all times and noted there would need to be approximately 2 -3 staff members added to staff this project. Mayor Pro Tern Saab confirmed the cameras are in the Sergeant's Office and monitoring the cameras while conducting his other assignments. Chief Charles advised the cameras are not in the Dispatch Center because there is a time lapse. City Manager Livas offered an alternative to the cameras given the fact there is approximately $400,000 in costs, plus hiring additional 2 -3 staff members: he suggested looking at a Park Ranger Pilot Program during the budget process, which is less expensive. The City can also add one additional pod of cameras at another park and then use both those programs. The City can rotate cameras at "hot spots" as needed. Mayor Pro Tern Saab asked if staff has seen a decrease in crime at Brookshire Park with the installation - of the new cameras. Chief Charles stated there is a decrease in activity such as loitering. Mayor Pro Tern Saab asked which of the parks are the highest in criminal activity. Chief Charles advised Wilderness, Apollo, Golden and Independence Parks. City Manager Livas noted some of the issues are not criminal in nature. For example, a Park Ranger can mediate disputes between groups for park space, people's language or conduct on a ball field, and reduce the incident of potential crime in the future. Council Member Vasquez asked if City Manager Livas has seen other cities implement this type of technology into -a master park plan. City Manager Livas advised yes, cameras were implemented as part of park plan in a neighboring city. The biggest concern is there has to be someone monitoring the cameras at all times. Council Member Vasquez stated he feels this item is premature as there is not enough data to analyze. He stated he would like to see something incorporated into the master park plan. He expressed his concern with the ongoing expenses and the total annual impact. Mayor Marquez stated this is a concern he requested for the City Council to review: the data from Brookshire Park, how the technology is working, does it makes sense, and, how the City hires employees to monitor the cameras. He also wanted to know the cost to place cameras in the City's Park for the safety of the children and residents. The City Council needs to review how we can move forward with a possible Park Ranger Pilot Program and should it be a combination of the two: cameras and a park ranger officer program, especially when the overall objective is the safety of the youth and parks. Council Member Vasquez asked Community Development Director Schindler if other Cities that are encouraging a vibrant Downtown environment have installed cameras. Director Schindler states, yes, Long Beach, Pasadena, and the Gaslamp District in San Diego have cameras. They provide the same deterrent of what is occurring in the parks. Council Member Vasquez stated in the future he would like the Council to consider installing cameras in the Downtown area as it continues to grow, to encourage a safe and sound family environment. Council Member Ashton confirmed the cameras for Brookshire Park were purchased through a grant. He asked if there are other grants available to purchase additional cameras. Director Salazar stated the staff will look for future grants to pay for the purchase of additional cameras. 5 Mayor Pro Tern Saab stated he believes there needs to be a little more time to gather data on Brookshire Park and would like staff to return with a report and take into consideration the costs associated with this project and present the Park Ranger Program in conjunction with the cameras. He agreed with Council Member Vasquez's idea of camera installation in the Downtown area is a good idea and the Council needs to consider that option as well. Council Member Brossmer stated some concerns that need to be taken into consideration are what the City is doing with the data, how is it stored, is someone watching, or is it simply after an incident occurs staff is going back to review the video. Council Member Brossmer asked Chief Charles in order to obtain a better assessment should the City install cameras at a second park. Chief Charles stated he believes data from one park is enough to gather the camera's effectiveness. Council Member Vasquez requested the option of installing cameras be incorporated into the master park plan. Mayor Pro Tern Saab requested data on which of the parks have the highest incidents of crime be provided when this item returns to Council. The City Council received and filed this report. At 8 :47 p.m., Mayor Pro Tern Saab made a motion, which was seconded by Council Member Ashton, and carried unanimously, to re -open this item for Public Comment. Michael Chrico, local business owner, asked if the City Council has considered volunteers to monitor the cameras, and if so, he would like to volunteer. City Manager Livas stated volunteers are always an option in City Services. When it comes to Police Services volunteers are a sensitive issue. The City will take it under advisement and will consider the possibility. INTRODUCE ORDINANCE NO. ORDINANCE OF • • THE CITY OF DOWNEY REPEALING ORDINANCE NO. 1250, CHAPTER 9 OF ARTICLE 1110 THE DOWNEY MUNICIPAL CODE r TO SEX OFFENDER RESIDENC RESTRICTIONS: . - City Attorney Abich Garcia advised this agenda item was initiated due to two recent court cases that has called into question the City's local sex offender ordinance and has put the City in a situation where we are vulnerable to litigation. The City Attorney explained the City's Ordinance has two types of provisions: 1) creates -a child safety zone: prohibits sex offenders from loitering within 300 feet from certain areas, such as child care centers, private and public_ schools, libraries, parks, playgrounds and establishments that hold child group activities and bus stops. Within that radius, sex offenders cannot loiter or wander into those zones. For this type of provision under City law, the City received a case where the Court ruled these loitering ordinances as they apply to sex offenders are preempted under State Law. Under State Law, PC Section 653(b) already restricts registered sex offender loitering activity. What it states is that sex offenders cannot loiter at any school, public or private or at any place where children attend or congregate. The Penal Code section trumps the City's Anti- Loitering Law as it applies to sex offenders. A little more complex is the City's Residency Ordinance: the majority of the ordinance deals with registered sex offenders and where they can live in the City. Our Municipal Code prohibits registered sex offenders from living in an exclusionary zone: 2,000 feet from child care centers, public or private schools a park or public libraries. A California Supreme Court decision was recently received regarding these types of restrictions. A case involved a registered sex offender who challenged the application of the State's Penal Code with respect to residency. In that case, they found that when the Penal Code section was applied, the Court said it excludes 97% percent of housing stock in San Diego County, which resulted in sex offenders not being able to find any housing. This case only applied to San Diego County, not Los Angeles County. However, the take away from this case is what the crux of our ordinance is: when a local ordinance has the same effect of ruling out most or all of a City's housing stock, the ordinance is unconstitutional. A unreasonable regulation on sex offenders. The takeaway is whether our residency ordinance is so broad it rules out a majority or all of our housing stock so it is not available to sex offenders. City Attorney Abich Garcia created a map of City limits with a 2,000 feet radius from schools and parks only, not child daycare centers, to see what was left with respect to residential locations. Maps were handed to the City Council _ and placed on the back table for members of the public. Attached to the map is a listing of the City's parks and schools. The red line is the City's boundaries; the green shading over most of the City's jurisdictional limits is the 2,000 foot radius covered by State Law. Some of the unshaded areas are not covered under the 2,000 foot radius and are mostly located on the borders of the City. The map does not take into consideration the child daycare, infant, and family daycare centers. Council Member Ashton confirmed the way the law is written, sex offenders do not have a place to live. He asked how the City Council makes the law less broad so we can still keep track of sex offenders without being sued. City Manager Livas advised State Law is in place. What this City Ordinance did was over and above State Law. The challenge is if the City goes over and above, the City is risking litigation. City Attorney Abich Garcia stated as it stands now, the City has approximately 15 -20% residential housing available for sex offenders. The less housing available in the City because of the ordinance, the more unconstitutional the ordinance is. Council Member Ashton asked what the boundaries are for State Law. The City Attorney stated State Law is what the map shows: 2,000 feet from schools and parks. Mayor Pro Ter Saab confirmed by _changing the local ordinance, the effect is the same because the State Law has the same impact. City Attorney Abich Garcia confirmed the effect of State Law is what is on the map. Mayor Pro Tern Saab - asked if the City "could continue to suspend the enforcement. City Attorney Abich Garcia stated she was able to suspend enforcement because the case on residency was still yet to be decided by the Supreme Court and she was able to negotiate with the attorney who is suing Cities on this issue to hold off on taking any action until the decision was received. Mayor Pro Tern Saab asked what type of relief they would seek if the ordinance was not repealed. City Attorney Abich Garcia stated the relief would be both monetary and injunction: repeal the ordinance and pay attorney's fees. Not only have cities had to pay the attorney fees of the winning party, they also have to repeal the ordinance and pay defense costs. Council Member Vasquez asked if State elected officials can enact a bill to allow Cities to go beyond State Law. City Attorney Abich Garcia stated AB 201 was just introduced in the Assembly and it will allow Cities to enact stricter regulations when it comes to registered sex offenders. Council Member Vasquez requested the City Council approve a Resolution asking our State Assembly Member and State Senator to support a bill to give us local control to allow the City to regulate this and go beyond what the current State Law allows today. Mayor Pro Ter Saab agreed and "stated it is important the City Council mention the existing prohibitions the State permits our Police Department to enforce: The Penal Code allows the Police Department to enforce: a lifetime duty to register with local law enforcement; _a State maintained website disclosing information about the sex offender; submit to monitoring with GPS while on parole; prohibition - against offender from entering into any park where children regularly gather without the express permission of the parole agent if the victim was under 14 years or under; a 7 prohibition against the offender residing in a single family residence with another offender while on parole; a prohibition against the offender from residing within 2,000 feet of a school or park for the rest of the offenders life; a prohibition from entering any school without lawful business and written permission from school; enhanced penalties for the offender remaining at or returning to school or public place at or near any which children attend or congregate after school or where a law enforcement official has asked them to leave; against the offender entering a day care or residential facility for elders or dependent adults without registering first with the facility if the victim was an elder; disclose the sex offender status when applying for or accepting a job or volunteer position when involving direct or unaccompanied contact with minor children; and, a prohibition against the offender or volunteering with children when the victim was under 16 years of age. The Council has to make a calculated decision whether to keep the Ordinance and expose the City to financial exposure or lean on State Law, which there are several protections and then encourage our State officials to pass a more reasonable approach at the local level. Mayor Marquez opened this item for Public Comment. Carlos Galvan, Jr., resident, expressed his support for the City Council to repeal this Ordinance in order to prevent the City from being exposed to lawsuits. Having no one else come forward, Mayor Marquez closed Public Comment Council Member Brossmer asked how many other Cities in Los Angeles County have adopted ordinances that are potentially at -risk as a result of the recent court cases. City Attorney Abich Garcia advised staff was _ able to survey 29 Cities state - wide whom are either being sued or repealed their ordinance, or are fighting and still in litigation. Mayor Pro Tem Saab confirmed there is a bill introduced. City Attorney Abich Garcia and may be resolved towards Fall and could go into effect next year. The Attorney suing the Cities has renewed her threats against Cities. The City of Carson is currently in litigation and do not expect they will be successful in their challenge.- All the other cities have failed in their attempt to defend their ordinances. Mayor Pro Tern Saab asked Chief Charles if there is a difference as far as safety is concerned from the current ordinance to existing State Law. Chief Charles stated as a point of reference given the areas restricted from state law, the Police Department has not had to use the local ordinance; the State Law restricts 85% of Downey. City Attorney Abich Garcia stated when the City suspended the ordinance last year to see the outcome of the residency issue before the Supreme Court, the local District Attorneys were not filing sex offender violations coming out of City statutes; that made our local ordinance moot and unenforceable Council Member Ashton stated his issue is that he does not want people who are convicted sex offenders in Downey. He does not want that element here and will do whatever is humanly and legally possible to keep registered sex offenders from coming to Downey. He asked if there is a way to do something that does not restrict residency, such as charging a fee to register with the City for visits. Chief Charles advised the Police Department regularly visits registered sex offenders. City Attorney Abich Garcia, advised with respect to whether we can charge costs, the City may be preempted by State Law. City Attorney Abich Garcia stated she will have her office study the issue of charging fees and return with a recommendation. Mayor Marquez stated since 2008 the priority is the :safety of Downey's children and all residents. Within the last six years the City Council has adopted several ordinances that went above and beyond state laws to protect our children and residents. It is unfortunate when something like this occurs with the possibility of litigation. Mayor Marquez confirmed with the Police Chief he felt comfortable all sex offender prosecutions have been through the State Law. Chief Charles states, yes there has never been an incident where the Police Department had to use the local ordinance; it has always fallen under State Law. Mayor Pro Tern Saab, under protest, made a motion to introduce an Ordinance of the City Council of the City of Downey Repealing Ordinance No. 1250, Chapter 9 of Article III of the Downey Municipal Code Related to Sex Offender Residency Restrictions. Council Member Vasquez asked if the motion could be made to have our ordinance be in compliance with State Law. City Attorney Abich Garcia stated, yes, the ordinance could be amended to reflect State Law. Mayor Pro Tern Saab amended his original motion, seconded by Council Member Vasquez, and unanimously approved, to amend the City's Registered Sex Offender Ordinance to be in compliance with State Law. Direction was also given to staff to bring back a Resolution in support of AB 201 and report on the findings regarding fees. City Manager Livas thanked Grissel Chavez, Desi Gutierrez, and City Clerk Jimenez for their work on the Council Chambers AV System Project. ADJOURNMENT Mayor Marquez adjourned the Regular City Council Lester L. Thompson, Downey resident and Parks & Recreation of Jose Hernandez, Downey Rose Float Association Board Lynwood yor; and, Ralph Brink, Fire Department Retiree. Meeting at 8:49 p.m., in memory of: Employee; Osvaldo Hernandez, father Member; Jim Morton, former City of k r r WADRIA M. J I M E EZ, MC LUIS H. MARQUEZYdjor7 City Clerk n