HomeMy WebLinkAboutMinutes - 08-07-01 - Special MeetingThe City Council of the City of Downey held a Special meeting at 5:35 p.m., August 7, 2001,
in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding.
matter.
PRESENT: Council Members:
ABSENT:
ALSO PRESENT:
ORAL COMMUNICATIONS
CONSENT CALENDAR
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SPECIAL MEETING
AUGUST 7, 2001
Robert C. Winningham Mayor
Meredith H. Perkins Mayor Pro Tem
Rick Trejo
Keith McCarthy
Kirk O. Cartozian (excused)
Gerald Caton, City Manager
Charles Vose, City Attorney
Kathleen Midstokke, City Clerk
Desi Alvarez, Director of Public Works
John Finch, Police Chief
Mark Sauter, Fire Chief
Christina Vogel, Assistant to the City Manager
Shirley Conte, Executive Secretary
Jeff Weber, 901 Dove Street, Suite 270, Newport Beach, CA, requested a continuance of two
items that will appear on the August 14, 2001, Council Meeting Agenda pertaining to Public Hearings
for Zone Change No. 01 -23 and Code Amendment No. 01 -24 for property at 11221 Paramount
Boulevard. He submitted a letter to the City Council dated August 7, 2001.
Mr. Vose requested Mr. Weber contact him or the City Manager tomorrow regarding this
The Flag Salute was led by Public Works Director Desi Alvarez.
CHANGE ORDER TO LOS ANGELES ENGINEERING COMPANY IN THE
AMOUNT OF APPROXIMATELY $72,000 FOR INSTALLATION OF THE NEW
TRAFFIC SIGNAL AT THE INTERSECTION OF OLD RIVER SCHOOL ROAD
AND ADWEN STREET: Approve.
Council Member McCarthy commended Public Works Director Alvarez and City Manager
Caton for taking quick action on this item.
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Lennie Whittington, 8542 Manatee Street, requested clarification that the change order was
not in addition to the $150,000 already approved. He was informed it is not additional funds.
It was moved by Council Member Perkins, seconded by Council Member Trejo, and
unanimously carried (4 -0) to approve the Consent Calendar as recommended.
OTHER BUSINESS
CONSIDERATION OF A PROPOSED BALLOT MEASURE FOR A SPECIAL
ELECTION ON NOVEMBER 6, 2001, REGARDING PROHIBITION OF SAFE AND
SANE FIREWORKS IN THE CITY OF DOWNEY
Mr. Vose advised the issue before the Council is whether or not to call a Special Election to
give the public an opportunity to vote on a ballot measure regarding the prohibition of fireworks. If
the Council believes they would like this matter presented at a Special Election, staff would
recommend adopting the four Resolutions presented. If not, it is recommended to table the matter.
Ms. Midstokke advised she received five pieces of supplemental correspondence from the
following parties:
Edward Di Loreto, dated 8/3/01, requesting the item be tabled
John Dawson, dated 8/7/01, supporting a ban on fireworks
Jennifer Harrison, dated 8 /7 /01, supporting a ban on fireworks
Michael Weisenburger, dated 8/8/01, received 8/7/01, supporting a ban on fireworks
Ramona Dominguez, E -mail dated 8/5/01, supporting a ban on fireworks
Mayor Winningham advised he called the Special Meeting after hearing the recent report by
the Fire and Police Chiefs on the aftermath of the past July 4th. He noted fireworks impacted every
portion of the community. He mentioned receiving correspondence, which was 99 percent negative
against fireworks. He noted asking the City Clerk to check into the feasibility of adding this measure
to the November and was informed the preliminary cost is $92,200. The cost to consolidate with the
March 2002 Primary Election for Congressional, Assembly, Governatorial and other issues came back
at $85,000. He noted the issue is whether the Council should expend $92,200 to place this item
before the voters and requested speakers address that question only. He noted the other option is to
have the Council make the decision.
The following people spoke in opposition to spending $92,200 for a special election:
Elwayne Smith, 9211 Smallwood Avenue, Council should ban
Lennie Whittington, 8542 Manatee Street, Council should decide
Mike Prokop, 10444 Julius Avenue, President of the Downey Rose Float Association, leave
things as they are
Mike Monaco, 10634 Tristan Drive, Council should decide
Ramona Dominguez, 9702 Richeon Avenue, need alternatives for fundraising activities
John Dawson, 7847 Seventh Street, Council should ban
Howard Philips, 7927 Hondo Street, more education is needed
Michael Weisenburger, 7648 Cecilia Street, Council should ban
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Matt Bauer, 8333 Suva Street, Council should decide
Chuck Anna, 8237 Birchcrest Road, supports ban
Evelyn Companioni, 7113 Adwen Street, Council should decide
Gary De Reiner, 8733 Tweedy Lane, Vice- President of the Downey Rose Float Association,
opposed to ban at this time
Frank Moskal, 7618 Fourth Place, supports ban
The following people spoke in favor of spending the $92,200 for a special election:
Neville Kilpatrick, 8117 Fifth Street, supports ban
Rick Ussery, 12236 Horley Avenue, President of Warren High School Band, opposes ban
Alexander "Sam" Moreno, 7963 Fifth Street, opposes ban
Myrtle Risley, 7938 Phlox Street,
Richard M. Engles, 9518 Muller Street, founder of Downey Pop Warner Football, opposes ban
Mayor Winningham explained his decision to bring this item forward revolved around the fact
that in order to consolidate with the November ballot documents must be submitted to the County
Registrar by August 10th. He could not wait to the next Council Meeting, which is August 14th and
noted the 18 groups who were issued permits to operate stands were sent letters and there were also
notices in the newspapers.
John Kelly, 555 N. Gilbert, Fullerton, representing TNT Fireworks, submitted paperwork with
options should the City elect to keep fireworks, referring to what other central and northern California
cities have done with respect to no tolerance programs.
Mayor Winningham requested a show of hands of people who felt the Council should spend
the $92,200 to hold a Special Election and the count was 19. He then asked for a show of hands of
those who felt the Council should make the decision and the count was 21. He explained the Council
operates on the Ralph M. Brown Act, noting they do not discuss items prior to the meeting and do not
preconceive their ideas.
Council Member Perkins recommended tabling the item and felt $90,000 was costly to send
the issue to the public. He requested holding a Special Meeting on September 18th to give the non-
profit groups time to give their input and felt the Council should review that input along with statistics
from the Fire and Police Departments before making a decision.
Council Member McCarthy supported the idea of tabling the issue and suggested having one or
more public discussions so the community has a chance to provide input. He noted this can also
educate the community on the firework statistics, which were reviewed at a prior Council Meeting.
He requested the Council's concurrence on this suggestion.
Council Member Trejo mentioned he did not want to spend $92,200 to put this on the ballot.
He felt fireworks, both legal and illegal, were out of control this year and concurred with the proposals
made by the other Council Members. He wanted to extend help to the volunteer organizations.
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Mayor Winningham noted the cost of the election is a high price dollar wise and comes from
the general fund which is the taxpayers' money. He noted this is a public safety issue and feels
confident he can make a decision on this issue. He concurred with the suggestion for public discussion
sessions. He noted fireworks are getting worse and worse over the past few years and wanted the
Council to set a Special Meeting separate from other items. He suggested setting a Special Meeting in
October and after discussion the meeting was set for the 16th of October. He suggested holding
public meetings in September and October.
After further discussion by the Council, Mr. Vose suggested having the details of the tentative
Special Meeting worked out with staff and brought back at the August 14th Council Meeting and
further suggested a motion to table the issue at this point.
It was moved by Council Member Perkins, seconded by Council Member McCarthy, and
unanimously carried (4 -0) to table the item.
Mayor Winningham noted the issue will be brought back at the August 14th Council Meeting
to establish a date for a subsequent meeting and dates for the study sessions and will inform the public
through press releases in the local newspapers.
ADJOURNMENT: 6:42 p.m.
Kathleen L. Midstokke, City Clerk
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Robert C. Winningham, Mayor