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HomeMy WebLinkAboutMinutes 08-23-16 Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING AUGUST 23, 2016 The City Council of the City of Downey held a Regular City Council Meeting on August 23, 2016, at 6:38 p.m., in the Council Chamber of the Downey' City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Saab presiding. PRESENT: Council Members: Alex Saab Mayor Fernando Vasquez Mayor Pro Tern Sean Ashton Council Member Roger C. Brossmer Council Member Luis Marquez Council Member ALSO PRESENT: Gilbert Livas, City Manager Yvette M. Abich Garcia, City Attorney Adria M. Jimenez, MMC, City Clerk John Oskoui, Assistant City Manager Shannon DeLong, Assistant to the City Manager Dean Milligan, Captain Mark Gillaspie, Fire Chief Mohammad Mostahkami, Public Works Director Sonya Meacham, Interim Parks & Recreation Director Aldo Schindler, Community Development Director Anil Gandhy, Finance Director Alicia Duarte, CMC, Deputy City Clerk The Invocation was delivered by Beth Gendreau. The Flag Salute was led by Girl Scouts of America. COUNCIL • UNCEMENTS; REQUESTS FOR AGENDA CONFERENCE/MEETING REPORTS Council Member Ashton reported attending the Rocket Fever event, the Community Barbecue and Movie Night and the Theatre Open House. He announced upcoming events: Rooftop Concerts and Coffee with a Cop. He commented on the start of the new school year and traffic issues at the various schools. He reminded parents to be courteous to other drivers and requested Police patrol the various school sites during the morning and afterschool hours. Council Member Marquez welcomed the audience to the meeting. He commented regarding the Community Barbecue and Movie Night at Golden Park and thanked the Parks and Recreation Department and G.O.O.D for handing out backpacks. He invited the audience to visit the Downey Promenade stores and restaurants. He thanked the Police Department for their participation at City events. He reminded the audience to be safe now that the new school year has started. Council Member Brossmer reported attending the Theatre Open House and acknowledged staff for their work with the event. He is pleased with the Theatre_ improvements and believes it is a good investment. He reported attending the Rocket Fever event and thanked staff for organizing the event. He commented regarding his participation with Vector Control and said he will have to resign as the City's representative due to scheduling conflicts. He requested Council appoint a strong representative because of the importance of keeping the public informed about mosquito outbreaks. City Council Minutes Regular Meeting — August 23, 2016 1 He commended City staff and his Council colleagues for their efforts with the expansion of Rancho Los Amigos, South Campus; and, requested a Council subcommittee is formed for the development of the facility. Mayor Pro Tern Vasquez reported attending the 1 -5 Joint Powers Authority meeting and commented regarding the review of an assembly bill that would remove representation of the cities in the local area from the Metro Board and transferring seats to the City of L.A. He asked Director Mostahkami to provide an update on the Firestone Blvd. improvement projects. Director Mostahkami stated Firestone Blvd. between Brookshire Ave. and Lakewood Blvd. will be stripped and completed by the end of the week. Regarding the Lakewood Blvd. and Telegraph Rd. project, he announced the paving of the intersection has been completed and the project will be finished next week. Mayor Pro Ter Vasquez reported his attendance to the SELACO WIB Board meeting and said the board is focusing on healthcare jobs. He also attended the groundbreaking of the LAFC open -air stadium and said attendees were aware of the proposed Rancho Los Amigos Sports Complex. Mayor Saab welcomed the audience to the meeting. He acknowledged members of the audience, Chamber of Commerce Representatives Jeanie Wood, Joanna Peterson and Michael Calvert; Louie Lujan Downey Association of Realtors', and, Lieutenant Mark McDaniels, G.O.O.D President. He thanked City Manager Livas and Interim Director Meacham for overseeing the upgrades at the Downey Theatre and for organizing the Open House event. He thanked Council Member Brossmer for his work on the Theatre Subcommittee. He reported attending the T.J. Maxx and Home Goods ribbon cuttings; the Downey Association of Realtors Blood Drive; and the Acapulco Restaurant grand opening. He thanked all involved in the blood drive for making it a- success and commented on the major renovation of the Acapulco Restaurant. He mentioned upcoming events: GNC ribbon cutting; Rooftop Concert; Molina Healthcare book donation event; Multi- Chamber of Commerce Mixer; Raising Cain ribbon cutting; Chamber of Commerce Annual Golf Tournament; Warren High and Downey High renaming ceremonies in honor of fallen Officer Galvez; Tacos Baja ribbon cutting; Downey Library Family Game Night; Blue Mass at Our Lady of Perpetual Help Church; and, Keep Downey Beautiful Cleanup. He requested a study for installing a stop sign at the intersection of Irwingrove Dr. and Rives Ave. and, requested information on the City's policy when building /planning plans are assigned to consultants. He congratulated Mayor Pro Tern Vasquez and Council Member Ashton on their birthdays. 1. Mayor Saab presented Certificates of Recognition to Carolina Barbosa, Candace Gendreau, Amanda Lopez; and Somer Nabulsi, Girl Scouts of America Gold Award recipients. PUBLIC HEARINGS: None. Jacqueline "Cardona, resident, commented regarding issues with mosquitoes in the residential area of Pangborn Ave. and Pellet St. City Manager Livas stated the City will be partnering with Vector Control to address the issue. Armando Herman, resident, commented regarding an increase in the sales tax and sidewalks. • _ ►r Mayor Saab asked if there was anyone who would Tike to comment on Consent Calendar items:; Armando Herman, resident, commented on Item No. 5, in regards to the condition of the pipelines being transferred. City Council Minutes Regular Meeting — August 23, 2016 2 Armando Herman, resident, - commented on Item No. 6, regarding health, safety and quality of life. It was moved by Mayor Pro Tern Vasquez, seconded by Council Member Brossmer and carried unanimously to approve the remainder of the Consent Calendar. 1. APPROVED MINUTES: Special and Regular Meetings of August 9 2016: City Clerk. 2. WARRANTS ISSUED: Warrant Nos. 306027 — 306416; Payroll Wire Nos. 30003499 — 30003504; Manual Wire Nos. 1459 — 1471; in the total amount of $7,505,372.75: Finance. 3. APPROVED AN AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR PREPARATION OF A BIO- MEDICAL OVERLAY ZONE IN AN AMOUNT NOT TO EXCEED $90,000 AND AUTHORIZED THE MAYOR TO SIGN THE AGREEMENT: Community Development. 4. ADOPTED RESOLUTION NO. 16 -7666, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AN UPDATED COMPREHENSIVE PAY SCHEDULE IN COMPLIANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5: Human Resources. 5. TRANSFER OF AN OIL PIPELINE FRANCHISE FROM EXXONMOBIL TO TORRANCE PIPELINE COMPANY LLC AND GRANT PIPELINE FRANCHISE AGREEMENT TO TORRANCE PIPELINE COMPANY LLC: Public Works. 1 r i , • • is • r • • Ir• ri '!• i •' • ' 1 6. AUTHORIZED CITY DELEGATES TO VOTE ON THE PROPSED `VISION ZERO' RESOLUTION TO BE CONSIDERED AT THE 2016 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: Administration. ADMINISTRATIVE REPORTS 7. RECEIVED AND FILED AN UPDATE ON YARD SALES: Community Development. Director Schindler provided an update on yard sales. Current issues with yard sales in the City are: Too many yard sales; frequent yard sales at the same residence; new items being sold vs. used items; and, lack of staffing or more efficient staffing to monitor yard sales. He stated yard sales are allowed in the garage or driveway of residential zones, Monday through Sunday, from 7 :00 a.m. to 5:00 p.m. The application fee is $10. Yard sales may be conducted a maximum of two times per calendar year for no more than two consecutive days, and three days on extended national holiday weekends. Inclement weather may extend the period of time equal to the days lost. A City database is used to track violations and frequency of yard sales. Most common violations are: signage; selling new items; and, yard sales conducted without permits. City staff cross references applications with the database of violations. Violations remain in the City database_ until the citation is paid and signed -off by Code Enforcement. Applicants are denied a permit when they have met the two yard sales per year threshold. Code Enforcement staff monitors yard sales as they occur and every other Saturday. When a Notice of Violation is issued for non - compliance, the yard sales must cease immediately. City Council Minutes Regular Meeting — August 23, 2016 3 The property address is added to the City's violation database. Fines are - issued as follows: First offense $100; second offense $200; and, third offense $500. An excess of three violations can be elevated to a misdemeanor citation. Staff surveyed 10 cities regarding yard sales. Three of the cities surveyed require permits and seven of the cities surveyed do not require permits. Staff provided the following options to Council: Reduce yard sales hours of operation from 7:00 a.m. to 8:00 p.m. daily to 7:00 a.m. to 3:00 p.m. daily; reduce the allowable days per week from Monday through Sunday to Friday, Saturday,- and Sunday; reduce allowable sale frequency from two consecutive days or three days on extended holiday, to one day; increase permit fee from $10 to $20; restrict the daily amount of permits to 105; and, consider adding one part -time Code Enforcement Officer. There is no part -time staff and full -time staff is working over -time every other weekend. Mayor Pro Tern Vasquez asked if there was a CPI adjustment to the yard sale permit fee: Director Schindler stated the permit fee has not changed or increased in the lastly years. Council Member Brossmer asked Director Schindler to explain how staff determined the average number of yard sale permits during weekends is 105. Director Schindler said the 105 came from an average of the busiest months of the year for yard sales and collecting the data for a three year period. Mayor Saab asked for the average number of yard sales held during the week. Director Schindler said the highest number of yard sales are held during the weekend, with Saturday being the busiest. Council asked what the highest number of yard sales permits has been during a weekend. Director Schindler said there were 234 yard sale permits issued one weekend in 2014. Mayor Saab asked if there is a_ specific area of the City which holds the highest number of yard sales. Director Schindler said the southern part of the City. Mayor Pro Tern Vasquez asked how many code enforcement officers would be needed to cover the highest number of permits issued. Director Schindler explained currently code enforcement_ officers are out every other Saturday for five hour shifts and they average 14 inspections an hour. In five hours they can cover 70 inspections. The suggestion of a part-time code enforcement officer would have an officer covering every weekend on Saturday and Sunday with a few hours on Monday to brief staff on the weekend inspections. Council Member Marquez asked if Code Enforcement inspects every address that has a permit and how are the illegal yard sales identified. Director Schindler said illegal yard sales are identified as the officers canvass the legal yard sales with permits. Mayor Saab asked if Code Enforcement is performing other duties while they are out canvassing yard sales. Director Schindler stated staff is working as aggressively as possible to inspect as many yard sales as they can during the five hour shift. If they come upon a noticeable code enforcement violation along the way they will stop and address the issue. Council Member Marquez said the reason why he brought this issue forward was because he has seen a growth in illegal yard sales and the selling of new items. He is concerned this will grow into a bigger problem. He suggests: Eliminating yard sales on weekdays and only allowing them on Friday, Saturday, and Sunday; changing the schedule from 7:00 a.m. to 3 :00 p.m.; increase the permit fee; setting a cap on how many yard sales permits are issued per weekend; and, adding additional staff. He would also like to see the issue of violations and fines addressed. Mayor Saab asked if there was anyone who would like to comment on this item.: Art Gonzalez, resident, commented against increasing the cost of yard sale permits; reducing the number of days; and, placing a cap on the number of yard sale permits. City Council Minutes Regular Meeting — August 23, 2016 4 Mayor Saab asked how long a violation is kept on record for a specific individual or address. Director Schindler said the violation is removed once the fine is paid. Mayor Saab would like to see the issue of violations on the record addressed. Council Member Ashton asked for the process of obtaining a yard sale permit. Director Schindler said you are required to show identification when obtaining a permit. The permit must be posted at the location and the individual pulling the permit must be present at the yard sale. Yard sale permits at apartment complexes are issued per unit, not per building address. Council Member Marquez commented regarding his concerns about apartment complexes having yard sales every single weekend and more than one unit using one single permit for the yard sale. Mayor Saab said he would like to see how other cities handle apartment complex permits and said would like to discuss this further. Director Schindler said other cities are issuing permits for apartment complex units similar to Downey. Council Member Ashton is against limiting the number of yard sale permits for apartment complex due to fairness. He believes any restrictions should be across the board. He believes placing a cap on the amount of yard sales permits issued on weekends will help. Council Member Brossmer agreed with changing the schedule from 7:00 a.m. to 3:00 p.m.; allowing yard sales on Fridays, Saturdays and Sundays; allowing two consecutive days only, no holidays; increasing the fee to $20; and, adding the cap for the number of permits issued to 105. He is not in agreement with adding additional non - budgeted staff. Director Schindler clarified staff is currently working overtime every other weekend for enforcement. Council Member Marquez said it is only being enforced every other Saturday. Director Schindler said employees have volunteered to work the overtime hours but cannot be forced to do so. Council Member Brossmer asked what the cost is to add a part-time code enforcement officer. Director Schindler said the cost is $24,000 a year for a part-time officer to work 20 hours per week. Mayor Saab asked for the revenue of yard sale permits. Council discussed the revenue from yard sales permits and determined the revenue would offset the cost of hiring a part-time code enforcement officer for coverage every weekend. Council Member Marquez said he agrees with all recommendations and agrees with capping yard sale permits to 105. City Manager Livas asked if Council would like to address the fine issue. Council discussed having a policy in place to address the timeframe a violation stays on record. Council Member Ashton suggested a five year period to remain on record. Mayor Saab said a 12 month period seems more reasonable than five years. City Attorney Abich- Garcia advised Council yard sales are listed under the Zoning Code and any amendments will go before the Planning Commission first with a recommendation to the City Council. Council Member Brossmer made a motion, seconded by Mayor Pro Tern Vasquez and approved unanimously, to approve the following: Reduce yard sale hours of operation from 7:00 a.m. to 8:00 p.m. to 7:00 a.m. to 3:00 p.m.; reduce the allowable days per week, from Monday through Sunday, to Friday, Saturday, and Sunday; reduce allowable sale frequency from two consecutive days or three days on extended national holidays, to two consecutive days; increase permit fee from $10 to $20; restrict the daily amount of permits to 105; and add one Part-Time Code Enforcement Officer. City Council Minutes Regular Meeting — August 23, 2016 5 8. RECEIVE AND FILE AND/OR PROVIDE ADDITIONAL DIRECTION T• STAFF ON OPTIONS FOR CURBING THE DISCHARGE OF ILLEGAL FIREWORKS WITHIN THE CITY: Administration. The staff report was provided by Shannon Delong, Assistant to the City Manager. Ms. belong provided a brief history of safe and sane fireworks sales. Ms. Delong stated safe and sane fireworks are currently allowed in the City. There is data regarding sales of safe and sane fireworks for the last six years available. Public fireworks shows have been hosted on and off by non - profit groups or the City. Sixty percent of incorporated cities in California allow safe and sane sales and 78% of counties allow them. The statewide trend is to permit safe and sane sales, not to prohibit them. State and Federal regulations do not allow cities to legalize illegal fireworks. Some options available to enforce illegal fireworks are: Altering current enforcement operations by authorizing additional staff other than the Police Department to enforce; authorize additional overtime for enforcement; hold an amnesty collection of illegal fireworks; adopt and ordinance banning safe and sane sales, permanent or with a temporary moratorium; place banning measure on ballot; use drones to assist with surveillance and enforcement; considering a "social host" ordinance; or, taking no action. Council Member Marquez asked if a' "social host" ordinance would allow a property owner to be cited if a there is a witness who observed fireworks coming from a particular address instead of enforcement officers having to witness the action themselves. Ms. Delong said this would allow witness to verify or police to witness the action themselves in order to cite a property owner. Mayor Saab said a social host ordinance could be an issue of prosecution because it would be difficult to hold a property owner responsible if they are not present during the violation. Council Member Ashton asked what agencies are currently using drones for enforcement. Ms. Delong said some agencies are Bakersfield, Barstow, and, Galt and Mendota Fire Agencies. Council Member Brossmer asked what the fee amount is for a fireworks stand in the City to determine if those fees would cover the cost of overtime enforcement. Fire Chief Gillaspie said the application states $200. Council Member Marquez suggested allocating the fees recovered from fines for overtime enforcement. Council Member Brossmer would like to examine option number three of the staff report: Continue to allow safe and sane fireworks with the following suggestions /options: Deploy fireworks enforcement detail, but use plain clothes officers in unmarked unit patrols; prioritize investigation /enforcement of illegal fireworks efforts over response to calls for service regarding illegal fireworks; and, authorize additional overtime to augment the efforts of the fireworks enforcement detail. Mayor Saab voiced his concerns about having the police officers dressed in plain clothes and in unmarked vehicles. He asked Captain Milligan to provide his opinion. Captain Milligan suggested having officers dressed in some type of uniform that will identify them as police officers. In regards to unmarked unit patrols, he suggested using detective vehicles but clarified those vehicles are not equipped with emergency lights and this would limit the ability to respond to emergency calls for service. He agreed with Council Member Brossmer's idea to increase the additional deployment for illegal fireworks. Council Member Brossmer said he is not looking to affect non - profit organizations or ban safe and sane fireworks but he wants to come up with a solution to curtail the illegal fireworks in the City. City Council Minutes Regular Meeting — August 23, 2016 6 Council Member Marquez agreed with Council Member Brossmer to look at other options before placing a ban on safe and sane fireworks. He would like staff, particularly police and fire, to return to Council with a strategy to combat this issue and be prepared for next year. Council Member Brossmer said he agrees with directing staff to explore options three, four and five, and have staff return with a comprehensive plan and also have fire and police present a modified budget to Council on the cost of the additional deployment to address this issue. Mayor Saab said he is not in agreement with drones but agrees with staff returning with more information on the options presented. Council Member Brossmer requested staff return with a cost analysis for the firework stand permit fees and fines. Mayor Saab asked if there was anyone who would like to comment on this item. Armando Herman, resident, commented on the misuse of safe and sane fireworks and eliminating fireworks during the years of bad drought conditions. Art Gonzalez, resident, suggested issuing permits to residents to allow them to light safe and sane fireworks. STAFF MEMBER COMMENTS City Manager Livas thanked the Theatre Subcommittee for their work. He attended the Open House and said it was a great success. He thanked Assistant City Manager Oskoui and Interim Director of Recreation Meacham for a great event. He announced the addition of three City employees, Lourdes Vargas, Utility Superintendent, Stephanie Camorlinga, Assistant Civil Engineer, Luis Bueno, Water Systems Operator. He announced the creation of an Innovation Technology Team looking at all aspects of technology in the City. Those team members will have the opportunity to be mentored by a Director or Manager in the City. ADJOURNMENT Mayor Saab adjourned the Regular City Council Meeting at 8:41 p.m. In Memory of Bill Cooper, 65, Sebastian County Arkansas Police Officer killed in the line of duty; Justin Beebe, 26, Vermont Federal Firefighter killed while battling a wildfire; US Air Force Lt. Col. Flando E. Jackson, 45, of Lansing, Michigan, supporting Operation Inherent Resolve; US Army Staff Sgt. Christopher A. Wilbur, 36, of Granite City, Illinois, supporting Operation Freedom's Sentinel; and, Craig Bertsch, Downey High School alumni, longtime teacher and Vice Principal at Downey Unified School District. ADRIA M. JIMENEZ, M C ALEX SAAB City Clerk Mayor City Council Minutes Regular Meeting — August 23, 2016 7