HomeMy WebLinkAboutMinutes 07-25-17 Regular Meetinglylrir*Keia
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
JULY 25, 2017
The City Council of the City of Downey held a Regular City Council Meeting on July 25, 2017, at
6:46 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey,
California, Mayor Vasquez presiding.
PRESENT: Council Members:
Fernando Vasquez
Sean Ashton
Blanca Pacheco
Rick Rodriguez
Alex Saab
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
ALSO PRESENT: Gilbert Livas, City Manager
Yvette M. Abich Garcia, City Attorney
Alicia Duarte, CMC, Interim 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
Pamela Passow, Parks &Recreation Director
Aldo Schindler, Community Development Director
James Fructuoso, Assistant Finance Director
The Invocation was delivered by Pastor Jorge Del Toro, Jr., Rhema of Life Church. The Pledge
of Allegiance was led by Girl Scouts Troop 8785.
COUNCILFOR r
REPORTS
Council Member Pacheco welcomed the audience to the meeting. She reported attending a
Neighborhood Watch meeting for a recently formed group and the Lions Club Installation. She
mentioned participating with Mayor Pro Tem Ashton at the Coffee Bean for a radio broadcasting by
Myfm 104.3. She announced upcoming events: Summer Concerts at Furman Park, Downey Unified
MADE Program Culmination, Soroptomist Scholarship Fundraiser at Sar Louie, Walk with your Council
Member at Furman Park, Conversation Coffee with Council Member Pacheco on August 171h at Green
Olive, and National Night Out.
Council Member "Saab welcomed the audience to the meeting. He acknowledged members of
the audience Michael Calvert, Lori Tyler, Karina Madariaga and Downey YMCA representatives. He
announced the upcoming National Night Out event and encouraged everyone to attend. He expressed
his gratitude for those showing their support for Officer Hano. He wished both Officer Hano and
Finance Director Gandhy speedy recoveries. He acknowledged the recipients of the Parent of the Year
award and thanked them for supporting the community. He acknowledged members of the audience
Martha Sodetani and Dorothy Pemberton.
City Council Minutes
Regular Meeting —July 25,-2017 1
Council Member Rodriguez welcomed the audience to the meeting. He reported attending the
88`h Anniversary Celebration for Southern California Resources Services for Independent Living. He
mentioned hosting a delegation from Australia with Mayor Pro Tem Ashton and Lieutenant Mark
McDaniels President of Gangs Out of Downey. The _delegation visited Chief Charlie Beck and the
L.A.P.D. Gang Unit, Father Greg Boyle of Homeboy Industries and Gangs Out of Downey to help them
understand how to keep gangs out of their cities in Australia.
Mayor Pro Tem Ashton mentioned attending the radio broadcasting for Myfm 104.3 with Council
Member Pacheco at the Coffee Bean. He reported participating with SCAG in Sacramento to lobby for
cap and trade funding. He explained cap and trade funding and said the system works to sell credits for
house emissions and then utilizes the funding for projects throughout the state. He commented on the
meeting with the Australian delegation and thanked Council Member Rodriguez for inviting him. He
announced upcoming events: Walk with your Council Member at Furman Park and National Night Out.
Mayor Vasquez reported attending the 1-5 Joint Powers Authority meeting and announced the
Florence Ave. bridge overpass is 43% complete and should be finalized by September 2018. He
commented on the graffiti problem at the 1-5 Freeway walls and said this issue is being addressed with
Caltrans and enforcement will be addressed by the CHP and Downey P.D. He announced the
upcoming Soroptimist Scholarship Fundraiser.
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1. Mayor Vasquez presented the Mayor's Healthy Heart Award to Victor Dominguez, Executive
Director, YMCA of Metropolitan Los Angeles.
2.- Mayor Vasquez with the assistance of Council Member Rodriguez presented a Military Banner to
John Haddad, U.S. Navy.
3. Mayor Vasquez with the assistance of Dorothy Pemberton presented Certificates of Recognition to
the recipients of the 2017 National Parents of the Year: Dona and Stacy Brabant, Cecilia Gonez
and Roberto Martinez and Holly Markert-Martinez.
4. Mayor Vasquez with the assistance of Council Member Rodriguez presented a Certificate of
Appointment to Dorothy Pemberton to the Independent Citizens' Oversight Committee, District 3.
5. Presentation to the City Council from the Greater L.A. County Vector Control District- ZIKA Virus
Update.
Mayor Vasquez took this item out of order.
Council Member Saab announced he would be abstaining from Item No. 1 e
Mayor Vasquez asked if there was anyone present who would like to comment on Consent
Calendar items.
Having no one come forward, Mayor Vasquez closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and carried
unanimously to approve the Consent Calendar, with Council Member Saab abstaining from Item No. 1.
City Council Minutes
Regular Meeting — July 25, 2017 2
1._ APPROVED MINUTES: Special Meeting of July 11, 2017; Regular MeetingsofMay 9, 2017 and
July 11, 2017: City Clerk.
2. WARRANTS ISSUED: Warrant Nos. 315395 315758; Payroll Wire Nos. 30003630 - 30003631
and 30003633 - 30003635; Manual Wire Nos. 1575 - 1583; and, Cashiers Check number 101, in
the total amount of $3,535,545.30: Finance.
• 1 tir if ' r• r r • l
4. AUTHORIZED THE MAYOR• APPROVE
PUBLIC • •NS SOLUTIONS C• •R CITY-WIDE RADIO
SYSTEM CONSULTING Police.
6. TERMINATED MAINTENANCE SERVICES AGREEMENT WITH ULTIMATE MAINTENANCE
SERVICES, INC. AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS• SEND THE
NOTICE OF •N; APPROVED MAINTENANCE SERVICES AGREEMENT WITH ABM
INDUSTRY• •' A PERIOD OF OPTION TO
EXTEND THE TERM FOR• AN ADDITIONAL FIVE (5) • PERIODS;
AUTHORIZED • • AND, AUTHORIZED THE CITY
MANAGER • EXECUTE ANY AND ALL AMENDMENTS:Public •
7. ADOPTED RESOLUTION N• 17-7732, A RESOLUTIONOF THE CITY COUNCILOF THE CITY
OF DOWNEY AUTHORIZING• EXECUTE TEST CLAIMS,
DECLARATIONS AND RELATED DOCUMENTS FOR PURSUIT OF TEST CLAIMS SEEKING
REIMBURSEMENT FOR OBLIGATIONS IMPOSED BY THE 2012 LOS ANGELES COUNTY
MUNICIPAL •'MWATER PERMIT: Public Works.
8. ADOPTED - • • i 17-7733, A RESOLUTIONOF • OF THE CITY
OF DOWNEY APPROVING THE APPOINTMENT OF JEFF WORTHY TO THE BOARD OF
BUILDING APPEALS DISTRICT 5: Council Member Saab.
9. ADOPTED RESOLUTION N• RESOLUTION OF THE CITY COUNCILOF THE CITY
OF DOWNEY APPROVING• OF BRIAN HEYMAN TO THE BOARD •
BUILDING APPEALS DISTRICT 3, Council Member Rodriguez.
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• r • 'ri s • - • : i : • � r i
BUILDING APPEALS DISTRICT 2: Mayor Pro Tem Ashton.
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Regular Meeting — July 25, 2017 3
• r• r9T. rev M.• r •; r r
OF DOWNEY AND THE DOWNEY POLICE OFFICERS' ASSOCIATION (JULY 1, 2015— JUNE
30, 2017) BY ADOPTING THE SIDE LETTER AGREEMENT: Human Resources.
16. WAIVED ADMISSION FEES TO THE COLUMBIA MEMORIAL SPACE CENTER DURING THE
ROCKET FEVER EVENT, AUGUST 19,_2017: Administration.
17. WAIVED ADMISSION FEES TO THE COLUMBIA MEMORIAL SPACE CENTER DURING THE
CELEBRATION OF MARY STAUFFER'S 100TH BIRTHDAY, AUGUST 27, 2017: Administration.
Mayor Vasquez took this item out of order.
18. RECEIVE AND FILE REPORT ON PROPOSITION 64 ADULT USE OF MARIJUANA ACT:
Community Development.
City Manager Livas announced the staff report would be provided by David McPherson,
Cannabis Compliance Director, HdL Companies.
Mr. McPhersonprovideda historical timeline of cannabis policy.- In 1970 Marijuana was listed as
a Class 1 Drug. In 1996, voters passed Proposition 215, known as the Compassionate Use Act (CUA),
which decriminalized the use of marijuana for medicinal purposes. In 2003, California Senate Bill (SB)
420 was enacted to clarify the scope of the CUA and to allow California cities and counties to adopt and
enforce rules and regulations consistent with SB420 and the CUA. Those rules and regulations became
known as the Medical Marijuana Program (MMP); which among other things, enhanced the access of
patients and caregivers to medical marijuana through collective and cooperative cultivation projects,
MMP also established a voluntary program for medical marijuana identification cards and provided
State criminal immunity to certain medical marijuana activities. In 2012, the states of Colorado and
Washington legalized marijuana for recreational use. In 2013, Deputy Attorney General James Cole
issued a memorandum setting guidelines related to marijuana enforcement. In 2014, Congress defunds
DEA prosecution; in 2015, California adopts the Medical Cannabis Regulation and Safety Act
(MCRSA); and, on November 8, 2016, voters adopted Proposition 64, the Control, Regulate and Tax
Adult Use of Marijuana Act (AVMA). AUMA legalized for individuals 21 years of age or older the
personal use of marijuana, personal possession of up to one ounce of marijuana, and personal
cultivation of up to six marijuana plants. AUMA also provides for the statewide regulation and licensing
of commercial recreational marijuana operation beginning January 1, 2018. In 2016, there were 63 local
cannabis measures on ballots related to legalization, taxes and sensitive boundaries. California had 39
cannabis tax measures on the ballot of which only one failed, Colfax. Proposition 64 immediately
legalized the personal indoor cultivation of marijuana and provides that local government can
reasonably regulate, but cannot ban, the personal indoor cultivation of up to six nonmedical marijuana
plants per private residence. Local governments can regulate or ban all personal outdoor cultivation
unless marijuana becomes lawful under federal law. Public consumption provisions include: No
smoking in public places, no smoking where smoking tobacco is also prohibited, no smoking while
driving or riding in a vehicle, employers may maintain a drug-free workplace, local jurisdictions may
authorize smoking or ingesting in marijuana retail or microbusinesses, with limitations; and, cities may
prohibit smoking and possession in buildings owned, leased, or occupied by the city. There are twenty
types of cultivation permits permitted under MAUCRSA including microbusinesses and Type 5 permits.
The Governor's Trailer Bill SB 94 (MAUCRSA) requires local agencies to establish contact for their
jurisdiction. The state must notify a local jurisdiction when it receives an application for commercial
cannabis activity in that jurisdiction. The city or county then has 60 business days to notify the state
City Council Minutes
Regular Meeting — July 25, 2017 4
whether the applicant is in compliance with local regulations. SB 94 also allows a business to hold
multiple licenses but no testing labs. Transportation is no longer a licensed permit and ownership is
defined as anyone that has _20%financial interest or control in the business. Cities and counties will be
required to submit copies of local ordinances and regulations oncannabisuses to the state. Through
July 1, 2019, SB 94 exempts from the California Environmental Quality Act ("CEQA") the adoption of an
ordinance or regulation by a local jurisdiction if the ordinance or regulation requires discretionary review
and approval of local permits or licenses for commercial cannabis activity. The state may issue
temporary event licenses allowing people 21 and older to consume cannabis and cannabis products at
a county fair or district agricultural association event. These event licenses may only be issued if the
local jurisdiction allows the events. Mr. McPherson further discussed possible options of banning or
regulating the adult use of marijuana, tax and fee revenues and current City regulations.
Mayor Vasquez asked if there was anyone present who would like to comment on this item.
Having no one come forward, Mayor Vasquez closed public comment.
Council Member Saab asked what other cities are doing in regards to this issue. Mr. McPherson
stated there are currently about 100 cities and counties that have moved forward with regulating the
industry; 50 to 70 of those cities are having stake holders meetings, conducting surveys and having
dialogue with their communities.
Council Member Saab asked what type of opportunities the public has to provide input either
through stakeholder meetings or through avote. City Manager Livas said this would be a 2018 tax that
would need to be taken to the voters.
City Manager Livas explained staff is seeking Council's direction on this issue before the
January 2018 deadline.
Council Member Rodriguez commented on the increase in homelessness now faced by
Colorado. He is not in favor of regulating the adult use of marijuana in Downey and said staff needs to
further research this issue.
Council Member Saab said he would like staff to research how to obtain the publics input on this
issue, and would also like more information.
Council Member Pacheco concurred with Council Member Saab and said she would also like
more information on the subject.
Mayor Pro Tem Ashton said he would also like more information on matter and also would
like to know what the ramifications are if the City continues with the current regulations.
Council Member Saab asked how surrounding cities are addressing this issue. City Manager
Livas stated he has had discussions with other City Managers and some surrounding cities are allowing
and regulating while others are banning. He said it is all depends on the community profile and what the
community will support.
Council Member Saab asked if there are any studies that show the use of marijuana has
increased in states that are allowing it such as Colorado. Mr. McPherson said there is no pre-existing
data. Colorado was not keeping data related to marijuana for public safety issues, emergency rooms,
and DUI arrests until 2012.
Mr. McPherson explained that the 15% excise taxon the retail sale of cannabis imposed by the
State will be used for studies by universities and the CHP to gather more information and help make
analytical decisions. He said the excise tax has been earmarked for various components of the bill and
there will also be grant funding for local agencies that do not impose any bans.
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Regular Meeting — July 25, 2017 5
Mayor Vasquez asked Chief Charles what current trends he sees in surrounding cities that are
not banning the regulation of marijuana. Chief Charles said in his discussions with other Chiefsin
surrounding cities, sales are being allowed for financial reasons.
Mayor Vasquez said he is not in favor of allowing the adult use of marijuana in Downey.
City Manager Livas said staff is seeking Council's direction on banning or allowing the adult use
of marijuana. Once Council provides direction staff will research and provide recommendations to the
Council. Another option is obtaining input form the community on this issue first.
Council Member Saab said he would like to move forward with banning the adult use of
marijuana in Downey. He _ sees no reason to explore this issue further and does not believe the
community will support it.
Mayor Pro Tem Ashton said he is in favor of banning the `adult `use of marijuana and will "discuss
additional questions and concerns with staff.
Council Member Pacheco asked what other options or information is available for Council. City
Manager Livas said information about how the community voted on the Measure can be obtained to
determine how the community feels about this issue; or, a survey can be conducted.
Mr. McPherson commented on the different types of surveys conducted in other cities.
It was moved by Council Member Rodriguez, seconded by Mayor Vasquez and approved
unanimously to ban the adult use of marijuana in the City of Downey.
19. CREATE A CITY COUNCIL AD HOC SUBCOMMITTEE TO REVIEW UPDATES AT THE RIO
HONDO GOLF CLUB: Council Member Saab.
Council Member Saab stated he would to have an ad hoc subcommittee created to oversee the
Rio Hondo Golf Course; and, would like to be appointed to serve on the ad hoc subcommittee.
Mayor Vasquez asked if there was anyone present who would like to comment on this item.
Having no one come forward, Mayor Vasquez closed public comment.
It was moved by Council Member Saab, seconded by Mayor Pro Tem Ashton and approved 4-
0-1, with Council Member Rodriguez abstaining to appoint Council Member Pacheco and Council
Member Saab to serve on the Rio Hondo Golf Club Ad Hoc Subcommittee.
NON AGENDA PUBLIC COMMENT
Mayor Vasquez took this item out of order.
Armando Herman, resident, commented regarding the freedom of speech.
Allen Halstengard, resident, commented regarding abortion.-
Having no one else come forward Mayor Vasquez closed non agenda public comment.
STAFF MEMBER COMMENTS: None.
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Regular Meeting — July 25, 2017 6
Mayor Vasquezadjourned the Regular •uncil Meeting at 9:08 p.m. in honorof Downey
Police Officer Hano and the South Gate Police Officer who WiW ured during a training exercise.
ALICIA i . w ' i• VASQUEZ
Deputy -
City Council Minutes
Regular Meeting — July 25, 2017 7