Loading...
HomeMy WebLinkAboutMinutes-01-27-98-Regular Meeting 10 80 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1998 The City Council of the City of Downey held a regular meeting at 7:49 . m. January 27 g g p � ry , 1998, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Riley presiding. PRESENT: Council Members: Barbara J. Riley Mayor Gary P. McCaughan, M.D. Mayor ProTem Robert S. Brazelton Keith McCarthy Joyce L. Lawrence ALSO PRtESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk - Treasurer Lee Powell, Assistant City Manager Greg Caldwell, Police Chief Ron Irwin, Fire Chief James Jarrett, Director of Community Services Lowell Williams, Director of Finance Robert Brace, City Engineer Linda Haines, Building Official Ron Yoshiki, Asst. Director of Community Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Council Member McCarthy presented a Certificate of Appointment to Roger Lawrence for pp g his reappointment to the Los Angeles County - Downey Regional Public Recreational Area Commission (Golf Course Authority), District 1. Mayor Riley presented to The Woman's Club President Jean Kiskkaden a Proclamation congratulating the Woman's Club for its 100th Anniversary in Downey. She briefly reviewed the history of the club and thanked the members for their many years of volunteer philanthropic services to the community of Downey. HEARINGS Mayor Riley opened the public hearing on APPEAL OF CONDITIONAL USE PERMIT (CUP) NO. 94 - 66, FOR PROPERTY LOCATED AT 7857 FLORENCE AVENUE. Council Minutes 01/27/98 4- 10808 Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and so ordered to receive and file. Mr. Yoshiki advised the applicant is requesting a one year approval for the continuation of conducting entertainment at an existing full- service restaurant, including dancing and music. He narrated slides of the subject property and surrounding commercial and residential properties and advised that the Planning Commission added a subsequent condition, No. 6, for temporary barricades to be put up at the close of restaurant activities, with security guards posted to direct traffic away from Smallwood Avenue and Dinsdale Street. There was no correspondence received regarding this matter. Jorge Isla 8817 Lowman Avenue, attorney representing Mr. Rafael Cue, advised that Mr. Cue g y p g has more than met the requirements placed on his facility and has not received any complaints during the last year. He noted the barricades at night prevent traffic from entering the residential streets, by directing traffic onto the major thoroughfares. He stated the restaurant is an asset to the area and the new owners are in the process of remodeling the building, parking lot and landscaping. Mayor Riley asked if there was anyone who wished to speak in opposition of CUP 94 -66. Council Member McCaughan mentioned his appeal was based on the concerns he read in the Planning Commission minutes and the fact that this business is in his District. He noted the minutes state the neighbors' concerns included outside noise, trash, and loitering and feels these situations could be linked to the restaurant's entertainment activities. He felt the one year continuance was not fair to residents who have complained and are now being asked to give the facility another year to see if their complaints are correct. The fact that the police department has no data point does not mean the activities at this facility are not bothering residents. He asked if other CUP's have been granted for this type of business where it is in close proximity to a residential neighborhood. Mr. Isla stated he did not know how many complaints were made by residents but felt they were minimal. He mentioned there are people in the area who have signed a statement noting they enjoy the facility and feel there is a need for this type of facility in Downey. They live in Downey and feel safer in this community rather than going elsewhere. He noted the owner has been very successful in keeping his facility in order. Mayor Riley asked if there was anyone wishing to speak in favor of the CUP. George Efstathiou, 783 5 Raviller Drive, stated his parents are the property owners of 7847 and 7857 Florence Avenue, noting his family purchased the property on June 1st and is in the process of renovating the building, parking lot, and shrubbery. He stated Mr. Cue has been a good tenant and he has not heard of any complaints. He asked the Council to decide in favor of allowing the extension of Tocororo's entertainment permit. Peter Cadese, 9293 Lubec Street, was in favor of keeping the Tocororo Restaurant in business and felt the City needs more facilities like this. Council Minutes 01/27/98 -2- 10 809 Christos Smyrniotis, 7354 Pellet Street, restaurant owner, expressed concern that residential and commercial properties in the City are situated near one another, and that consideration has been given to residential neighbors. He felt if there is no evidence in the last year that shows the neighbors have been bothered, the Council should give its blessing and extend the CUP for another year. There being to one else to speak, it was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to close the public hearing. Reading from information, Mayor Riley asked Chief Caldwell to define an alarm call. He also commented on the number of police calls that have been made to the subject premises, which he indicated from a police standpoint were not considered serious. He was then asked to rovide a copy py of the information to the Council. Council Member McCarthy indicated he would like to have heard more input from the residents involved, and he did not support the denial. Council Member McCaughan reiterated his q rior question as to whether similar CUP's have p been allowed this close to a residential area that have involved an entertainment permit and asked why a noise study was not done previously. Council Member Lawrence asked for verification that residents were notified of the hearing and the response was yes. She felt the owner is trying to comply and noted she has heard nothing from her constituents. She did not wish to place further restrictions on the owner. Council Member Brazelton concurred with Council Member Lawrence, noting the Planning Commission's Condition 2 gives the Commission the control to amend or add conditions as necessary to protect the public health, safety and general welfare. He was not in favor of overturning the decision of the Planning Commission. Mr. Yoshiki responded to Council Member McCaughan's questions regarding similar CUP's stating he did not believe there have been any. Since a noise study was conducted but not b y a �-.. recognized acoustical individual, the new owner has been asked to have a noise study conducted by a recognized acoustical person, and has agreed. Council Member McCaughan said he would like to see the noise study results and feels there are controls in place through the conditions noted in the CUP. RESOLUTION NO. 6131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING THE MODIFICATION TO CONDITION NO. 1 OF CONDITIONAL USE PERMIT 94 -66 ALLOWING ANOTHER ONE (1) YEAR CONTINUANCE OF AN ENTERTAINMENT PERMIT TO ALLOW MUSIC AND DANCING IN A FULL SERVICE RESTAURANT ON PROPERTY ZONED C -2/PB, LOCATED AT 7857 FLORENCE AVENUE Council Minutes 01/27/98 -3- 10 810 The Resolution was read by title only. It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading and adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI -E -1, UNSCHEDULED EQUIPMENT PURCHASE - SCANTRON SOFTWARE FOR PERSONNEL DIVISION; and VI - - APPROVAL OF TEMPORARY STAFFING CONTRACTOR SERVICE AGREEMENT, were removed at the request of Council Member McCarthy. Lennie Whittington also requested the removal of Item E -2 for discussion. Agenda Item VI - - LA REINA AVENUE SOUTH OF FLORENCE AVENUE RESOLUTION ESTABLISHING LIMITED TIME PARKING RESTRICTION, was removed at the request of Don Jervis. CONSENT CALENDAR It was moved b y Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 13, 1998: Approve. WARRANTS ISSUED: NO. 139658 - 140105, $1,908,048.01: Approve. RESOLUTION NO. 6132 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52315 (11268 REGENTVIEW AVENUE, 9768 -9868 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SET -ASIDE LETTER AS SURETY RESOLUTION NO. 6133 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24943 (7510 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A TIME CERTIFICATE OF DEPOSIT AS SURETY Council Minutes 01/27/98 -4- 08.11 RESOLUTION NO. 6135 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO -HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6 :00 P.M. EXCEPT SATURDAYS, SUNDAYS, AND HOLIDAYS ON BOTH SIDES OF MYRTLE STREET BETWEEN SECOND STREET AND THIRD STREET ORAL COMMUNICATIONS John McDonald, 11028 Elmcroft Avenue, expressed concern about enforcement of parking regulations on street sweeping day and suggested the schedule be modified to sweep alternate sides of the street to allow more flexibility for vehicle parking. He noted his street is used as a short cut from the freeway, including use by a large number of 18- wheelers, and asked the Police Department to patrol this area. He indicated that traffic exiting the northbound 605 Freeway at Florence Avenue is blocking the intersection, also at Studebaker Road and Florence Avenue, and suggested a motorcycle officer be sent to patrol this area. Dr. Verner Waite, 5243 Vista Del Sol, Cypress, submitted to the Council a copy of the Downey Community Hospital Memorandum of Understanding, and stated he felt the lease from the City has been violated, noting the MOU mentions many encumbrances that were processed without prior written consent from the City. Don Jervis of Jervis Realty at 10209 La Reina Avenue, concurred with prior comments regarding street sweeping and suggested that sweeping schedules be modified to accommodate different sections of the City. He noted problems are created in business zones when both sides of the street prohibit parking for sweeping. He was asked to contact the City Engineer. Lennie Whittington, 8542 Manatee Street, suggested the Hospital reinstate the paramedic base station in view of the new emergency room which will open soon to allow the paramedics to talk directly with emergency room staff while patients are being transported. ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS SURVEY - CITY COUNCIL TERM LIMITS Ms. McDonnell advised that at the request of Council Member McCaughan at the February 25, 1997 Council Meeting, she conducted a survey of the term limits in other cities and contacted 50 cities in the Southern California area, half of which were charter cities and the other half were general law cities. She gave a brief review of the results of the survey. Council Minutes 01/27/98 -5- 108x2 Council Member McCaughan commented on the advantage of having experienced Council Members representing their cities on state and federal issues, and noted the cities in the survey that do not have term limits. He stated Downey is the only city with a lifetime ban; Long Beach has a similar ban but allows for a write -in candidate. He indicated he is not against term limits but noted Downey is the only city with the lifetime ban. Council Member McCarthy concurred regarding the experience of longtime Council Members, but mentioned the voters of Downey voted loud and clear in favor of term limits. He did not favor a change at this time and indicated, since term limits was an initiative proposed by the citizens, he would hope any future proposal would also come from the citizens. Council Member Lawrence indicated she did not feel term limits were needed at the local level and that voters can choose to not re -elect their Council Members. Although she was not interested in making any change at this time, she felt the lifetime ban was punitive. Council Member Brazelton concurred with the comments and mentioned most people he has spoken to agree with keeping the current term limits. He noted that while he will be going off the Council in November, he will still continue to be involved in City activities. Lennie Whittington, 8542 Manatee, pointed out that 9,000 signatures were gathered on the term limit petition within three months time and commented on the votes the ballot measure received, which was nearly 2 -1 in favor. He cited the decision of the Ninth Circuit Court of Appeals to uphold term limits for California legislators, including a lifetime ban. Ed Di Loreto, 7333 Rio Flora Place, discussed the term limits measure that was approved by the voters in 1993, noting the public's vote was loud and clear. He urged the Council to reject any proposal to change term limits. Diane Boggs, 8629 Meadow Road, indicated she felt it would be a waste of time and money to place a measure on the ballot to rescind term limits since the result would probably not change. She did indicate that in the future, if there is a proposal to make any change regarding how the Council is comprised, that consideration be given to eliminating Council districts and electing all Council Members Citywide for the reasons she enumerated at this time. Dennis Carroll, an attorney from Long Beach who wrote the Long Beach term limits measure and saw to its passage, expressed his views regarding the term limits issue. Jose Trujillo, 13212 Stanbridge Avenue, mentioned the changing demographics of the Council Districts, specifically the growing minority population in District One. If districts are eliminated, it would place the minorities in District One at a disadvantage. He encouraged respecting the vote of the people in approving term limits. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried to receive and file. Council Minutes 01/27/98 -6- 10 813 ESTABLISH DATE FOR SPECIAL MUNICIPAL ELECTION REGARDING PROPOSED CITY CHARTER MEASURES RELATING TO PUBLIC SAFETY SERVICES OF POLICE AND FIRE Ms. McDonnell mentioned as requested at the last Council Meeting, she is bringing back for consideration resolutions relating to two Charter Measures concerning police and fire services and setting a date for a special municipal election. She reviewed the Council's previous action to set a special municipal election on this matter and of a subsequent court decision which canceled said election. The proposed resolutions currently being submitted contain language in Charter Amendment No. 11 that conforms to the court's ruling and calls for an election to be held on May 5, 1998. The first resolution will rescind all prior resolutions relating to a previous election date, with the exception of Resolution No. 6117 regarding Charter Amendment No. 12, which will be amended to include the new date of May 5, 1998. Mr. Vose noted a revision in proposed Charter Amendment No. 11 contained in the Resolution establishing the May 5, 1998, election date, which would eliminate the necessity to repeat current Charter language relating to Charter Section 702. He advised the resolutions were drafted to be consistent with concerns raised by the judge in the lawsuit. RESOLUTION NO. 6136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, RESCINDING RESOLUTION NOS. 6114, 6115, 6116, 6118 & 6119 RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD FEBRUARY 10, 1998, AND THEREBY CANCELING SAID SPECIAL MUNICIPAL ELECTION RESOLUTION NO. 6137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 5, 1998, FOR THE SUBMISSION OF PROPOSED AMENDMENT NO. 11 TO THE DOWNEY CITY CHARTER RELATING TO POLICE AND FIRE SERVICES RESOLUTION NO. 6138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING PROPOSED CITY CHARTER AMENDMENT NO. 11 RELATING TO POLICE AND FIRE SERVICES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Council Minutes 01/27/98 -7- 10814 RESOLUTION NO. 6139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS RESOLUTION NO. 6140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING CITY OF DOWNEY RESOLUTION NO. 6117 TO PROVIDE THAT A PROPOSED CHARTER AMENDMENT RELATING TO ELECTIONS BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF SAID CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MAY 5, 1998, AS CALLED BY RESOLUTION NO. 6137 RESOLUTION NO. 6141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING AN ADDITIONAL PROPOSED CHARTER AMENDMENT RELATING TO ELECTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RESOLUTION NO. 6142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 5, 1998 The Resolutions were read by title only. Council Member Brazelton suggested that all Council Members be the signatories on the ballot arguments in favor, which he felt would put the message out to citizens about how strongly the Council feels about this issue. It was moved by Council Member McCaughan, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt with the signatures of all Council Members on the written arguments in favor of Charter Amendments 11 and 12. Ms. McDonnell explained the deadline for filing written arguments is Friday, February 6, 1998. Council Minutes 01/27/98 - 10815 Jose Trujillo, 13212 Stanbridge Avenue, exhibited what he indicated was over 1500 cards from voters responding to a recent mailing by his committee asking for voter opinion regarding whether g Y g p g g they support a fire district feasibility study. He urged the voters to request a formal feasibility study from the County of Los Angeles Fire Protection District as soon as possible and felt it was the Council's duty to explore this proposal to save tax payers money. He stated he would drop his initiative if the Council would order the feasibility study. He said the judge previously declared Charter Amendments 11 and 12 unconstitutional and he urged the Council not to spend further tax payer dollars to bring these measures to court again. pa Y � g Jim Derry, 7845 Fourth Street, Chairman of the Save Downey p Fire Department Committee, stated the letter published by Mr. Trujillo and the group leading this initiative was not truthful and they are creating a survey based on misinformation. He suggested putting the item on the ballot and felt the results would show that the citizens of Downey want local control. He stated the City does not get the support it needs now from the County in its Mutual Aid Agreement. He offered a comparison of the salary of an average County firefighter to the average Downey firefighter and said this was a money issue. He supported the Council's effort to maintain local control. Diane Boggs, 8629 Meadow Road, noted the responsibility of a labor leader or union president to get the best perks and money for the group they represent and the Council's responsibility is not to only one group of employees but to the 95,000+ residents who live in the City and pay taxes to support the services provided. She pointed out the City incorporated to get out from under County control and to have local control and she urged the Council to do everything it can to maintain it. Gayla Rudolph, 7551 Nada Street, stated many questions are being asked and that she wants to be informed before she votes. She asked that independent studies be conducted and presented to the citizens before they are asked to vote on this issue. John Davis, 7951 Adoree Street, County fire fighter, noted his main concern is for the protection of his family and where his tax dollars are spent. He does not support an initiative that would have a compulsory move to the County if it showed that it would only save a certain amount of dollars. He felt the decision of local control should rest with the citizens and urged the Council to let them decide. He challenged both sides to maintain objectivity in this debate and put the needs and desires of the citizens first. He urged the Council to request the survey offered by the firefighters, conduct open town meetings to inform the citizens, and then let the citizens decide in a regular election. Lourdes Cotaya, 10519 Downey Avenue, questioned how the change in fire services would benefit the citizens and asked what would happen to homeowners' fire policies if this service was changed. She noted she is a realtor and the fact that the City is incorporated really sells the City. Frank Perez, 9104 Gainford Street, owner of an insurance agency in the City, responded to the question about changes to the cost of fire insurance, advising that the rating of the Los Angeles Fire Department is lower than the City's and fire rates would go up if the City contracted with the County. Council Minutes 01/27/98 -9- 10816 Gregory Pentoney, 12715 Parrot Avenue, urged the Council to work together with the firemen on this issue, gather the facts, find out exactly what would occur with a County contract, what the cost would be, what kind of control the City would maintain, and then give the citizens and voters the information and opportunity to make their own decision. Charles Hutchinson, 8502 Dacosta Street, recalled the time when the City had County fire services and only had two fire stations. He stated what may be saved in property taxes for fire services would be spent in increased fire insurance rates. He was in favor of retaining local control. Lennie Whittington, 8542 Manatee Street, complimented the police and fire department. He expressed concern with the court costs involved and hoped this would be taken into consideration. Council Member Lawrence noted that 75 percent of the general fund is devoted to public safety. She commented on the mailer that was sent out to citizens from the Firemens' Association and noted she would vote to go forward with a special election. Council Member Brazelton explained the issues that would be put before the voters. He commented on the flier sent out by the Firemens' Association and Mr. Trujillo, and indicated the City incorporated because the citizens were unhappy with County control. He said the proposed initiative submitted and on file in the City Clerk's office was almost identical to that submitted in El Monte, Alhambra and Montebello and would force the City to go to County regardless of what the service or cost might be. It would totally take control out of the City's hands. He mentioned studies between County and local response time, which reflect local response time is much better. The City has two paramedic units and transports people to the hospital, which the County does not. Insurance rates would go up and it could also affect property values. He has received numerous requests by citizens to go forward with this and will vote in favor. Council Member McCarthy referred to a proposed survey and noted the County would be the ones conducting the survey, which he would not feel confident with. He said there would be no alternative if after going with the County and the City was not pleased with the service since all the City's equipment, stations, etc. would have been transferred to the County, then the City would completely have to rebuild. Council Member McCaughan stated he would feel more comfortable if it was his constituents who were leading the initiative. He mentioned the response time difference is not satisfactory to him nor the elimination of a squad or certain positions. He noted the Council has County figures to compare and stated local control is the issue and not the study. Once services are given away, it is very hard to regain them. He was in favor of the motion. Mayor Riley mentioned she was in favor for the many reasons previously expressed and felt that protecting the citizens was the number one priority. The letter sent out by the firemen mentioned cities that have switched to County and the reason is that many of the cities were bankrupt, with others being in dire financial problems. Downey owns its fire equipment and paid a high price for it. She would be voting in favor. Mayor Riley called a recess at 10:05 p.m. and reconvened the meeting at 10:12 p.m. Council Minutes 01/27/98 -10- 10817 RETENTION OF MARTIN & CHAPMAN CO. AS ELECTION CONSULTANT/ - SUPPLIER FOR MAY 5, 1998 SPECIAL MUNICIPAL ELECTION Ms. McDonnell commented that this firm has conducted election services for the City for over 25 years and has rendered excellent services in the past. The proposal for anticipated services is $42,913.77. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to retain the firm of Martin & Chapman Co. of Anaheim as election consultant/supplier for the May 5, 1998 Special Municipal Election, and authorize preparation of a contract for the Mayor's signature. Mayor Riley opened the administrative hearing on CASH CONTRACT NO. 596A ON THE DOWNEY COMMUNITY /SENIOR CENTER AND GYMNASIUM PROJECT FOR A SUBSTITUTION OF THE LISTED SUBCONTRACTOR, PLANTICA ENVIRONMENTAL. Mr. Jarrett advised the project is coming to a close, with the dedication planned for February. He noted an element of the project which has not been completed relating to site landscape improvements. The delay involves a contractual dispute between the prime contractor, Cavecche Engineering, and the landscape contractor, Plantica Environmental. He commented on the steps Cavecche has undertaken pursuant to the Public Contracting Code to seek substitution of the subcontractor and referred to the seven reasons the City Council may take into consideration in substituting a subcontractor. This matter has been reviewed with the City Attorney, and staff requests the Council conduct the required hearing and approve Cavecche's request for the substitution. He noted the subcontractor has failed or refused to execute a written contract with the prime contractor. Mr. Vose advised that written communication has been received from both the prime contractor and the subcontractor and is in Council's possession. Joan Cavecche, Corporate Secretary, Cavecche Engineering, 4215 Katella Avenue, Los Alamitos, stated that the substitution of the subcontractor Plantica Environmental has been requested because Plantica has refused to perform their work and abandoned the project, causing delay and disruption of the work. She reviewed correspondence between Cavecche and Plantica and meetings with the City regarding performance, delays and eligible billing schedule amounts. Peter Cavanagh, President and Chief Executive Officer of Plantica Environmental, discussed conversations that took place with Cavecche Engineering during the pre -job conference, which included how the billing and payments would be handled. A Schedule of Values was transmitted (a copy of which is on file in the office of the City Clerk), and he assumed since there was no objection that it had been accepted and would be the basis for any future payments. A meeting was held in April, a proposal was submitted, and it was accepted. He continued to review events that occurred on this project, pointing out that a contract was never received from Cavecche, but when he inquired about the payment, Cavecche informed him that they had not received the contract. After further contact, the contract was received September 11th but contained an additional condition that was unacceptable. Subsequently, Plantica gave 48 -hour notice that they could no longer proceed. Cavecche has since moved forward to terminate Plantica. Council Minutes 01/27/98 -11- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1998 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment - Roger Lawrence, Los Angeles County - Downey Regional Public Recreational Area Commission y S (Golf Course Authority), Dist. 1 1 i Proclamation congratulating the Woman's Club for its 100th Anniversa in Downey 1 � y Res. #6131, denying the appeal & approving the modification to Condition 1 of Conditional Use Permit 94 -66 allowing another 1 year continuance of an entertainment permit (7857 Florence Av.) Adopted 4 Removal of Items from Consent Calendar 4 Council Minutes: Adjourned & Meetings, Regular Meetin U 13/98 Approved 4 J g g Warrants Issued: 139658 - 140105, $1,908,048.01 Approved 4 Res. #6132, approving the final subdivision map of Tract Map No. 52315 (11268 Regentview Av., 9768 -9868 Firestone Blvd.) Adopted 4 Res. #6133, approving the final subdivision map of Parcel Map 4 No. 24943 (7510 Firestone Blvd.) Adopted 4 Res. #6135, establishin g a two -hour parking restriction on both sides of Myrtle St. between 2nd St. & 3rd St. Adopted 5 John McDonald re enforcement of parking regulations on street sweeping day; police patrol of his street, which is used as a short cut from the freeway; and patrol of traffic exiting the northbound 605 Freeway at Florence Av. 5 Dr. Verner Waite submitted a copy of the Downey Community Hospital Memorandum of Understanding and mentioned he felt violations have been made to the lease 5 PAGE 1 OF 3 COUNCIL MINUTES, JANUARY 27, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Don Jervis suggested street sweeping schedules be modified to accommodate different sections of the City 5 Lennie Whittington suggested the Hospital reinstate the paramedic base station 5 Survey - City Council Term Limits Received & filed 6 ,.,...,, Res. #6136, rescinding Resolutions 6114, 6115, 6116, 6118 & 6119 re a Special Municipal Election 2/10/98 and canceling said election Adopted 8 Res. #6137, calling & giving notice of the holding of a Special Municipal Election 5/5/98, for submission of proposed Charter Amendment No. 11 re Police & Fire services Adopted 8 Res. #6138, setting priorities for filing a written argument re proposed Charter Amendment No. 11 re Police & Fire services & directing the City Attorney to prepare an impartial analysis Adopted 8 Res. #6139, providing for the filing of rebuttal arguments for city measures submitted at municipal elections Adopted 8 Res. #6140, amending Res. #6117, to provide that a proposed Charter Amendment re elections be submitted to a vote at a Special Municipal Election to be held 5/5/98 Adopted 8 Res. #6141, setting priorities for filing a written argument re an additional proposed Charter Amendment re elections & directing the City Attorney to prepare an impartial analysis Adopted 8 Res. #6142, requesting the Board of Supervisors of the Cnty. of L. A. render specified services re the conduct of a special municipal election on 5/5/98 Adopted 8 Retention of Martin & Chapman Co. as election consultant/ supplier for 5/5/98 special municipal election & authorize • preparation of a contract for the Mayor's signature Approved 11 PAGE 2 OF 3 COUNCIL MINUTES, JANUARY 27, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Administrative Hearing re Cash Contract No. 596A, Downey Community /Sr. Center & Gymnasium Project: Approve the Cavecche Eng. & Construction Co., Inc.'s request for substitution of the listed subcontractor, Plantica Environmental Corp. Approved 12 Employee com computer purchase program: Approve the p p p g pp establishment of a revolving account within the employee benefit fund Approved 13 Unscheduled equipment purchase - Scantron machine & companion software for Personnel Div. Approved 13 Approval of temporary staffing - Contractor Service Agreement: Approve Agreement with h g pp g t the Dial Group of Whittier for the purpose of employing temporary part -time employees Approved 14 Res. #6134, establishing a two -hour parking restriction on the west side of La Reina Av. Adopted as amended 14 Cn. McCaughan requested the City forward information Referred to to the California League re support of Assembly Bill 1427 Staff 15 Cn. McCarthy mentioned a meeting sponsored by the Gateway Cities re transportation funding & the I -5 Freeway 15 Cn. McCarthy referred to trash rates and how the City compares ares p to other cities surveyed 15 Cn. Lawrence referred to article in the L. A. Times re the high & low cost of doing business in the Los Angeles basin where Downey emerged as a very low cost city in which to do business 15 Mayor Riley mentioned a letter received complimenting the Planning Staff on how helpful & courteous they were 15 City Mgr. Caton noted long day beginning with meeting at Downey Community Hospital Meeting adjourned to 6:30 p.m., February 10, 1998 15 h:\ccle rk\sconte\tab10127 PAGE 3 OF 3 1oBo gp Y negotiating parties: Toole & Company and Boeing North American; under negotiation: price g and terms of payment. B. SECTION 54956.9, Subdivision (b) - Conference with Legal Counsel - anticipated litigation (two potential cases). C. SECTION 54956.9, Subdivision (a) - Conference with Legal Counsel - existing litigation: Burciaga vs. City of Downey. - Conference with Legal Counsel - existing litigation: D. SECTION 54956.9, Subdivision (a) g g ation: g SECTION City of Downey vs. Kanter. E. SECTION 54956.9, Subdivision (a) - Conference with Legal Counsel - existing litigation: City of Downey vs. Coast United Advertising. The meeting reconvened in open session at 7:40 p.m. with all Council Members/ - Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:40 p.m. ORAL COMMUNICATIONS The meetin g reconvened for Oral Communications at 8:30 p.m. with all Council Members/ - Commissioners p resent (see Oral Communications under the Regular City Council Meeting) and recessed at 8:41 p.m. The meeting reconvened at 11:32 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 11:32 p.m. ■ _ 1 Ai Barbara J. R.il : f Mayor/C ''irman J dith E. McDonnell, City Clerk/Secretary y h:\cc1erldsoonte\ajmn0127 City Council/Community Dev. Comm. Minutes (adj.) 01/27/98 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 27, 1998 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment - Roger Lawrence, Los Angeles County - Downey Regional Public Recreational Area Commission (Golf Course Authority), Dist. 1 1 Proclamation congratulating the Woman's Club for its 100th Anniversary in Downey 1 Res. #6131, denying the appeal & approving the modification to Condition 1 of Conditional Use Permit 94 -66 allowing another 1 year continuance of an entertainment permit (7857 Florence Av.) Adopted 4 Removal of Items from Consent Calendar 4 Council Minutes: Adjourned & Regular Meetings, 1/13/98 Approved 4 Warrants Issued: 139658 - 140105, $1,908,048.01 Approved 4 Res. #6132, approving the final subdivision map of Tract Map No. 52315 (11268 Re entview Av. 9768 -9868 Firestone p g Av., Blvd.) Adopted 4 Res. #6133, approving the final subdivision map of Parcel Map -- No. 24943 ( 7510 Firestone Blvd.) Adopted 4 Res. #6135, establishing a two -hour parking restriction on both sides of Myrtle St. between 2nd St. & 3rd St. Adopted 5 John McDonald re enforcement of parking regulations on street sweeping day; police patrol of his street, which is used as a short cut from the freeway; and patrol of traffic exiting the northbound 605 Freeway at Florence Av. 5 Dr. Verner Waite submitted a copy of the Downey Community Hospital Memorandum of Understanding and mentioned he felt violations have been made to the lease 5 PAGE 1 0F 3 rr-. COUNCIL MINUTES, JANUARY 27, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Don Jervis suggested street sweeping schedules be modified to accommodate different sections of the City 5 Lennie Whittington suggested the Hospital reinstate the paramedic base station 5 Survey - City Council Term Limits Received & filed 6 ,...., Res. #6136, rescinding Resolutions 6114, 6115, 6116, 6118 & 6119 re a Special Municipal Election 2/10/98 and canceling said election Adopted 8 Res. #6137, calling & giving notice of the holding of a Special Municipal Election 5/5/98, for submission of proposed Charter Amendment No. 11 re Police & Fire services Adopted 8 Res. #6138, setting priorities for filing a written argument re proposed Charter Amendment No. 11 re Police & Fire services & directing the City Attorney to prepare an impartial analysis Adopted 8 Res. #6139, providing for the filing of rebuttal arguments for city measures submitted at municipal elections Adopted 8 Res. #6140, amending Res. #6117, to provide that a proposed Charter Amendment re elections be submitted to a vote at a Special Municipal Election to be held 5/5/98 Adopted 8 Res. #6141, setting priorities for filing a written argument re an additional proposed Charter Amendment re elections & directing the City Attorney to prepare an impartial analysis Adopted 8 Res. #6142, requesting the Board of Supervisors of the Cnty. of L. A. render specified services re the conduct of a special municipal election on 5/5/98 Adopted 8 I t Retention of Martin & Chapman Co. as election consultant/ supplier for 5/5/98 special municipal election & authorize • preparation of a contract for the Mayor's signature Approved 11 PAGE 2 OF 3 COUNCIL MINUTES, JANUARY 27, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Administrative Hearing re Cash Contract No. 596A, Downey Community /Sr. Center & Gymnasium Project: Approve the Cavecche Eng. & Construction Co., Inc.'s request for substitution of the listed subcontractor, Plantica Environmental Corp. Approved 12 Employee computer purchase program: Approve the establishment of a revolving account within the employee benefit fund Approved 13 Unscheduled equipment purchase - Scantron machine & • companion software for Personnel Div. Approved 13 Approval of temporary staffing - Contractor Service Agreement: Approve Agreement with the Dial Group of Whittier for the purpose of employing temporary part -time employees Approved 14 Res. #6134, establishing a two -hour parking restriction on the west side of La Reina Av. Adopted as amended 14 Cn. McCaughan requested the City forward information Referred to to the California League re support of Assembly Bill 1427 Staff 15 Cn. McCarthy mentioned a meeting sponsored by the Gateway Cities re transportation funding & the I -5 Freeway 15 Cn. McCarthy referred to trash rates and how the City compares to other cities surveyed 15 Cn. Lawrence referred to article in the L. A. Times re the high & low cost of doing business in the Los Angeles basin where Downey emerged as a very low cost city in which to do business 15 Mayor Riley mentioned a letter received complimenting the Planning Staff on how helpful & courteous they were 15 City Mgr. Caton noted long day beginning with meeting at Downey Community Hospital Meeting adjourned to 6:30 p.m., February 10, 1998 15 h:`cclerk\sconte\tab10127 PAGE 3 OF 3 10810 The Resolution was read by title only. It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading and adopt. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI - - UNSCHEDULED EQUIPMENT PURCHASE - SCANTRON SOFTWARE FOR PERSONNEL DIVISION; and VI - - APPROVAL OF TEMPORARY STAFFING CONTRACTOR SERVICE AGREEMENT, were removed at the request of Council Member McCarthy. Lennie Whittington also requested the removal of Item E -2 for discussion. Agenda Item VI - - LA REINA AVENUE SOUTH OF FLORENCE AVENUE RESOLUTION ESTABLISHING LIMITED TIME PARKING RESTRICTION, was removed at the request of Don Jervis. CONSENT CALENDAR It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 13, 1998: Approve. WARRANTS ISSUED: NO. 139658 - 140105, $1,908,048.01: Approve. RESOLUTION NO. 6132 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52315 (11268 REGENTVIEW AVENUE, 9768 -9868 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SET -ASIDE LETTER. AS SURETY RESOLUTION NO. 6133 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 2 4943 (7510 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A TIME CERTIFICATE OF DEPOSIT AS SURETY Council Minutes 01/27/98 -4- 10812 Council Member McCaughan commented on the advantage of having experienced Council Members representing their cities on state and federal issues, and noted the cities in the survey that do not have term limits. He stated Downey is the only city with a lifetime ban; Long Beach has a similar ban but allows for a write -in candidate. He indicated he is not against term limits but noted Downey is y the only city with the lifetime ban. Council Member McCarthy concurred regarding the experience of longtime Council Members, g S p � but mentioned the voters of Downey voted loud and clear in favor of term limits. He did not favor a change at this time and indicated, since term limits was an initiative ro osed by the citizens, he 1 p p y would hope any future proposal would also come from the citizens. Council Member Lawrence indicated she did not feel term limits were needed at the local level and that voters can choose to not re -elect their Council Members. Although she was not interested in making any change at this time, she felt the lifetime ban was punitive. Council Member Brazelton concurred with the comments and mentioned most people he has spoken to agree with keeping the current term limits. He noted that while he will be oin off the g g o Council in November, he will still continue to be involved in City activities. Lennie Whittington, 8542 Manatee, pointed out that 9,000 g were signatures gathered on the g term limit petition within three months time and commented on the votes the ballot measure received, which was nearly 2 -1 in favor. He cited the decision of the Ninth Circuit Court of Appeals to uphold term limits for California legislators, including a lifetime ban. Ed Di Loreto, 7333 Rio Flora Place, discussed the term limits measure that was approved b pp by the voters in 1993, noting the public's vote was loud and clear. He urged the Council to reject an g reject any proposal to change term limits. Diane Boggs, 8629 Meadow Road, indicated she felt it would be a waste of time and money to place a measure on the ballot to rescind term limits since the result would probably not change. She did indicate that in the future, if there is a proposal to make any change regarding how the Council is comprised, that consideration be given to eliminating Council districts and electing all Council Members Citywide for the reasons she enumerated at this time. Dennis Carroll, an attorney from Long Beach who wrote the Long Beach term limits measure and saw to its passage, expressed his views regarding the term limits issue. Jose Trujillo, 13212 Stanbridge Avenue, mentioned the changing demographics of the Council Districts, specifically the growing minority population in District One. If districts are eliminated, it would place the minorities in District One at a disadvantage. He encouraged respecting the vote of the people in approving term limits. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried to receive and file. Council Minutes 01/27/98 -6- 0 8 I 3 ESTABLISH DATE FOR SPECIAL MUNICIPAL ELECTION REGARDING PROPOSED CITY CHARTER MEASURES RELATING TO PUBLIC SAFETY SERVICES OF POLICE AND FIRE Ms. McDonnell mentioned as requested at the last Council Meeting, she is bringing back for consideration resolutions relating to two Charter Measures concerning police and fire services and setting a date for a special municipal election. She reviewed the Council's previous action to set a special municipal election on this matter and of a subsequent court decision which canceled said election. The proposed resolutions currently being submitted contain language in Charter Amendment No. 11 that conforms to the court's ruling and calls for an election to be held on May 5, 1998. The first resolution will rescind all prior resolutions relating to a previous election date, with the exception of Resolution No. 6117 regarding Charter Amendment No. 12, which will be amended to include the new date of May 5, 1998. Mr. Vose noted a revision in proposed Charter Amendment No. 11 contained in the Resolution establishing the May 5, 1998, election date, which would eliminate the necessity to repeat current Charter language relating to Charter Section 702. He advised the resolutions were drafted to be consistent with concerns raised by the judge in the lawsuit. RESOLUTION NO. 6136 A RESOLUTION OF THE CITY O C COUNCIL OF THE CITY OF DOWNEY, RESCINDING RESOLUTION NOS. 6114, 6115, 6116, 6118 & 6119 RELATING TO A SPECIAL MUNICIPAL ELECTION TO BE HELD FEBRUARY 10, 1998, AND THEREBY CANCELING SAID SPECIAL MUNICIPAL ELECTION RESOLUTION NO. 6137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 5, 1998, FOR THE SUBMISSION OF PROPOSED AMENDMENT NO. 11 TO THE DOWNEY CITY '^ CHARTER RELATING TO POLICE AND FIRE SERVICES RESOLUTION NO. 6138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING PROPOSED CITY CHARTER AMENDMENT NO. 11 RELATING TO POLICE AND FIRE SERVICES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Council Minutes 01/27/98 -7- 10814 RESOLUTION NO. 6139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS RESOLUTION NO. 6140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, �-.. CALIFORNIA, AMENDING CITY OF DOWNEY RESOLUTION NO. 6117 TO PROVIDE THAT A PROPOSED CHARTER AMENDMENT RELATING TO ELECTIONS BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF SAID CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MAY 5, 1998, AS CALLED BY RESOLUTION NO. 6137 RESOLUTION NO. 6141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING AN ADDITIONAL PROPOSED CHARTER AMENDMENT RELATING TO ELECTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RESOLUTION NO. 6142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 5, 1998 The Resolutions were read by title only. Council Member Braze1ton suggested that all Council Members be the signatories on the ballot arguments in favor, which he felt would put the message out to citizens about how strongly the Council feels about this issue. It was moved by Council Member McCaughan, seconded by Council Member McCarthy, and Y � unanimously carried to waive further reading and adopt with the signatures of all Council Members on the written arguments in favor of Charter Amendments 11 and 12. Ms. McDonnell explained the deadline for filing written arguments is Friday, February 6, 1998. Council Minutes 01/27/98 -8- 108 Jose Trujillo, 13212 Stanbridge Avenue, exhibited what he indicated was over 1500 cards from voters responding to a recent mailing by his committee asking for voter opinion regarding whether they support a fire district feasibility study. He urged the voters to request a formal feasibility study from the County of Los Angeles Fire Protection District as soon as possible and felt it was the Council's duty to explore this proposal to save tax payers money. He stated he would drop his initiative if the Council would order the feasibility study. He said the judge previously declared Charter Amendments 11 and 12 unconstitutional and he urged the Council not to spend further tax payer dollars to bring these measures to court again. Jim De 7845 Fourth Street, Chairman of the Save Downey Fire Department Committee, �'Y� Y stated the letter published by Mr. Trujillo and the group leading this initiative was not truthful and they are creating a survey based on misinformation. He suggested putting the item on the ballot and felt the results would show that the citizens of Downey want local control. He stated the City does not get the support it needs now from the County in its Mutual Aid Agreement. He offered a comparison of the salary of an average County firefighter to the average Downey firefighter and said this was a money issue. He supported the Council's effort to maintain local control. Diane Boggs, 8629 Meadow Road, noted the responsibility of a labor leader or union president to get the best perks and money for the group they represent and the Council's responsibility is not to only one group of employees but to the 95,000+ residents who live in the City and pay taxes to support the services provided. She pointed out the City incorporated to get out from under County control and to have local control and she urged the Council to do everything it can to maintain it. Gayla Rudolph, 7551 Nada Street, stated many questions are being asked and that she wants to be informed before she votes. She asked that independent studies be conducted and presented to the citizens before they are asked to vote on this issue. John Davis, 7951 Adoree Street, County fire fighter, noted his main concern is for the protection rotection of his family and where his tax dollars are spent. He does not support an initiative that would have a compulsory move to the County if it showed that it would only save a certain amount of dollars. He felt the decision of local control should rest with the citizens and urged the Council to let them decide. He challenged both sides to maintain objectivity in this debate and put the needs and desires of the citizens first. He urged the Council to request the survey offered by the firefighters, conduct open town meetings to inform the citizens, and then let the citizens decide in a regular election. Lourdes Cotaya, 10519 Downey Avenue, questioned how the change in fire services would benefit the citizens and asked what would happen to homeowners' fire policies if this service was changed. She noted she is a realtor and the fact that the City is incorporated really sells the City. Frank Perez, 9104 Gainford Street, owner of an insurance agency in the City, responded to the question about changes to the cost of fire insurance, advising that the rating of the Los Angeles Fire Department is lower than the City's and fire rates would go up if the City contracted with the County. Council Minutes 01/27/98 -9- r-� 10816 Gregory Pentoney, 12715 Parrot Avenue, urged the Council to work together with the firemen on this issue, gather the facts, find out exactly what would occur with a County contract, what the cost would be, what kind of control the City would maintain, and then give the citizens and voters the information and opportunity to make their own decision. Charles Hutchinson, 8502 Dacosta Street, recalled the time when the City had County fire services and only had two fire stations. He stated what may be saved in property taxes for fire services would be spent in increased fire insurance rates. He was in favor of retaining local control. Lennie Whittington, 8542 Manatee Street, complimented the police and fire department. He expressed concern with the court costs involved and hoped this would be taken into consideration. Council Member Lawrence noted that 75 percent of the general fund is devoted to public safety. She commented on the mailer that was sent out to citizens from the Firemens' Association and noted she would vote to o forward with a special election. g p Council Member Brazelton explained the issues that would be p ut before the voters. He commented on the flier sent out by the Firemens' Association and Mr. Trujillo, and indicated the City incorporated because the citizens were unhappy with County control. He said the proposed initiative submitted and on file in the City Clerk's office was almost identical to that submitted in El Monte, Alhambra and Montebello and would force the City to go to County regardless of what the service or cost might be. It would totally take control out of the City's hands. He mentioned studies between County and local response time, which reflect local response time is much better. The City has two paramedic units and transports people to the hospital, which the County den Insurance p p p p p Co y o s not. rates would go up and it could also affect property values. He has received numerous requests by citizens to go forward with this and will vote in favor. Council Member McCarthy referred to a proposed survey and noted the County would be the ones conducting the survey, which he would not feel confident with. He said there would be no alternative if after going with the County and the City was not pleased with the service since all the City's equipment, stations, etc. would have been transferred to the County, then the City would completely have to rebuild. Council Member McCaughan stated he would feel more comfortable if it was his constituents who were leading the initiative. He mentioned the response time difference is not satisfactory to him nor the elimination of a squad or certain positions. He noted the Council has County figures to compare and stated local control is the issue and not the study. Once services are given away, it is very hard to regain them. He was in favor of the motion. Mayor Riley mentioned she was in favor for the many reasons previously expressed and felt that protecting the citizens was the number one priority. The letter sent out by the firemen mentioned cities that have switched to County and the reason is that many of the cities were bankrupt, with others being in dire financial problems. Downey owns its fire equipment and paid a high price for it. She would be voting in favor. Mayor Riley called a recess at 10:05 p.m. and reconvened the meeting at 10:12 .m. g p Council Minutes 01/27/98 -10- 10817 RETENTION OF MARTIN & CHAPMAN CO. AS ELECTION CONSULTANT/ - SUPPLIER FOR MAY 5, 1998 SPECIAL MUNICIPAL ELECTION Ms. McDonnell commented that this firm has conducted election services for the City for over 25 years and has rendered excellent services in the past. The proposal for anticipated services is $42,913.77. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to retain the firm of Martin & Chapman Co. of Anaheim as election consultant/supplier for the May 5, 1998 Special Municipal Election, and authorize preparation ^ of a contract for the Mayor's signature. Mayor Riley opened the administrative hearing on CASH CONTRACT NO. 596A ON THE DOWNEY COMMUNITY /SENIOR CENTER AND GYMNASIUM PROJECT FOR A SUBSTITUTION OF THE LISTED SUBCONTRACTOR, PLANTICA ENVIRONMENTAL. Mr. Jarrett advised the project is coming to a close, with the dedication planned for February. He noted an element of the project which has not been completed relating to site landscape improvements. The delay involves a contractual dispute between the prime contractor, Cavecche Engineering, and the landscape contractor, Plantica Environmental. He commented on the steps Cavecche has undertaken pursuant to the Public Contracting Code to seek substitution of the subcontractor and referred to the seven reasons the City Council may take into consideration in substitutin g a subcontractor. This matter has been reviewed with the City Attorney, and staff requests the Council conduct the required hearing and approve Cavecche's request for the substitution. He noted the subcontractor has failed or refused to execute a written contract with the prime contractor. Mr. Vose advised that written communication has been received from both the prime r and the subcontractor and is in Council's contracto a d t e possession. s b p Joan Cavecche, Corporate Secretary, Engineering, 4215 Katelia Avenue, Los p ry, Alamitos, stated that the substitution of the subcontractor Plantica Environmental has been requested because Plantica has refused to perform their work and abandoned the project, causing delay and disruption of the work. She reviewed correspondence between Cavecche and Plantica and meetings with the City regarding performance, delays and eligible billing schedule amounts. Peter Cavanagh, President and Chief Executive Officer of Plantica Environmental, discussed conversations that took place with Cavecche Engineering during the pre -job conference, which included how the billin g and payments would be handled. A Schedule of Values was transmitted (a co py of which is on file in the office of the City Clerk), and he assumed since there was no objection that it had been accepted and would be the basis for any future payments. A meeting was held in ro , a April, proposal was submitted, and it was accepted. He continued to review events that occurred on p p p this project, pointing out that a contract was never received from Cavecche, but when he inquired about the p a Y ment, Cavecche informed him that they had not received the contract. After further contact, the contract was received September 11th but contained an additional condition that was unacceptable. Subsequently, Plantica gave 48 -hour notice that they could no longer proceed. , Cavecche has since moved forward to terminate Plantica. Council Minutes 01/27/98 -11- 10818 Mayor Riley asked if Cavecche Engineering wished to speak in rebuttal. Joan Cavecche noted that Mr. Cavanagh has not mentioned the four demand letters he sent to Cavecche for the over billing of his work. His billing did not match the City's and architect's approved percentage. He has failed to come out on site to perform the work. She noted the contract pp p g from Plantica was received on July 11, 1997 and was executed by Plantica on July 8, 1997. She mentioned calling the Contractors State License automated public information line today to check on Plantica's license and being informed their license was not valid. Mayor Riley declared the administrative hearing closed. Council Member Keith McCarthy indicated this is a dispute between a contractor and subcontractor with unfortunate circumstances and he does not feel there is reason for the Council to intervene at this point. Council Member project McCaughan pointed out the ' ect needs to continue and the contractors g p p will have to deal with this later. Council Member Lawrence commented that based on the evidence received, including letters, reports and testimony, there exists sufficient facts to warrant granting Cavecche Engineering, the contractor, permission to substitute a new subcontractor. It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to approve Cavecche Engineering and Construction Company, Inc.'s request for substitution of the listed subcontractor, Plantica Environmental Corporation. EMPLOYEE COMPUTER PURCHASE PROGRAM of this program would be to develop Mr. Williams explained the benefit p g an enhanced level of computer uter literac for all City employees. The maximum two-year interest free loan per employee p literacy Y y would be $2,500 and the maximum number of loans approved would be twenty. The dollar amount will never exceed $50,000 and loans will be made through a lottery drawing process conducted by the Finance Department. Repayment would be through bi- weekly payroll deductions over a two -year period. If an employee terminates employment, the loan is due and payable at that time. He responded to questions from the Council. Council Member McCaughan asked how many times an employee can enter the lottery and was advised they can enter every year but are only eligible to purchase a new computer through the program every three years. Mr. Caton noted there are over 400 employees who will be eligible for this program and felt it was fair to allow each employee to win the lottery once and buy one computer through this program. Council Minutes 01/27/98 -12- . - - 10819 I r It was moved by Council Member McCaughan, seconded by Council Member Lawrence and unanimously carried to approve the establishment of a revolving account within the employee P Y benefit fund in the amount of $50,000 to fund an employee computer purchase program for non- Executive Management positions, to be limited to one lottery win every five years. Prior to the vote, Lennie Whittington, 8542 Manatee Street, mentioned there is no requirement in the agreement that the employees buy the same type of computer equipment they have at City Hall. p Y tY He felt the City should not be involved in the loan or banking business with taxpayer's money at risk and noted many stores give interest free credit for six months. He referred to costs for bookkeeping etc. and lost interest and suggested sending the employees to schools, such as the Downey Adult School, that would cost no more than $50 per person. Charles Anna, 8237 Birchcrest Road, recommended staff approve this program, noting that Pp p g � g Rockwell benefitted from this type of program many years ago when he worked there. Roy Beard, 7920 Fourth Place, mentioned that computer technology is constantly changing and what you learn today may not apply in a year. He felt that classes are necessary to keep eve rY p rY one on the same level of knowledge. Council Member Lawrence pointed out that for eligibility purposes the computer needs to be a City of Downey network compatible product of custom system from vendors preapproved by the City. When the City purchased computers they had training classes and continue to have training classes. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval UNSCHEDULED EQUIPMENT PURCHASE - SCANTRON AND SOFTWARE Council Member McCarthy noted the purchase of this equipment will save money in overtime costs, noting the City constantly attempts to review items to improve performance and technology in an effort to eliminate or reduce costs. Lennie Whittington, 8542 Manatee Street, suggested when there is a large hire, such as the 1,237 applications that were taken out within the last week for fire fighters, that the City consider going to an outside agency for assistance rather than buying this equipment. It was moved by Council Member McCarthy, seconded by Council Member Lawrence, and unanimously carried to authorize funds in the amount of $5,083 for the purchase of a Scantron machine and companion software. APPROVAL OF TEMPORARY STAFFING - CONTRACTOR SERVICE AGREEMENT Council Member McCarthy asked for clarification that the service agreement would provide a savings and be less expensive than using sworn officers working overtime. Chief Caldwell replied this was correct. Council Minutes 01/27/98 -13- 10820 It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to approve an Agreement with the Dial Group of Whittier, CA, for the purpose of employing temporary part -time employees. RESOLUTION ESTABLISHING LIMITED TIME PARKING RESTRICTION ON WEST SIDE OF LA REINA AVENUE FROM 110 FEET SOUTH OF FLORENCE AVENUE SOUTHERLY 240 FEET Mr. Brace advised that the majority of the four R -1 property owners, whose properties sit between commercial properties on Florence Avenue and R -3 properties to the south, requested this parking restriction in front of their homes. The Traffic Committee discussed the situation presented and unanimously agreed to place a two -hour parking restriction limited to the R -1 properties. Don Jervis, Century 21 Real Estate, 10209 La Reina Avenue, mentioned that his office has worked on increasing their business and agreed that between the commercial offices and apartment g g p buildings on this street there is a tremendous demand for parking. He owns one of the R -1 houses involved and said he did not vote to have the two -hour parking restriction in front of his property. Mr. Caton mentioned that the comment of one of the homeowners was that the Century 21 office has outgrown its facility and on many occasions he has been unable to get out of his driveway due to cars parked across it. He stated that staff has tried to be fair to everyone involved and advised that the Council can consider eliminating the parking restriction in front of Mr. Jervis' house. Guy Sterner, 10303 Downey Avenue, stated that the City has historically preserved its residential areas and urged the Council to grant the parking restriction for these residential properties. He noted having cars in front of your home all day limits parking for friends who visit and limits the ingress and egress to the property, as mentioned by one of these homeowners. Lourdes Cotaya, 10519 Downey Avenue, suggested that further study be done in this area, stating she is a realtor and always finds parking available in this Century 21 Realty building. She concurred that their business has increased but noted that the number of tenants in the apartment buildings has also increased, which has increased the number of outside parking spaces needed. She does not feel the problem is from the real estate property but from the apartment tenants in this street. She asked the Council to consider placing a traffic light at this intersection. RESOLUTION NO. 6134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO -HOUR PARKING RESTRICTION FROM 7 :00 A.M. TO 6:00 P.M. EXCEPT SATURDAYS, SUNDAYS, AND HOLIDAYS ON THE WEST SIDE OF LA REINA AVENUE FROM 160 FEET SOUTH OF FLORENCE AVENUE SOUTHERLY 240 FEET The Resolution was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt the Resolution as amended. Council Minutes 01/27/98 44- 10821 OTHER BUSINESS - Council Members Council Member McCaughan mentioned receiving a request for information from the California League of Cities regarding AB1427, which deals with shopping carts. The League is asking for information from cities relative to their cost to retrieve shopping carts under the rule passed a year ago. The League is now trying to change this to allow cities to recover some of their costs. He requested the City forward information to the California League in regard to support of AB 1427. Council Member McCarthy reiterated his prior comment about a meeting sponsored by Gateway Cities, which will be on Monday, February 9, 1998, at the Cerritos Senior Center, 12340 South Street, at 6:00 p.m. He commented on the topics to be discussed and said this will be a chance for people to express their opinion. Council Member McCarthy referred to trash rates and noted he has requested information from staff. He mentioned a comparison of residential and commercial rates and of the 88 cities surveyed, 71 had residential rates of which Downey ranked 41st, while 48 cities offered commercial rates of which Downey ranked 22nd. He noted that AB939, mandated by the State required every city to reduce its trash up to 50% and Downey is currently at 41.77 %. He congratulated the Public Works Department and Kathy Simmons for working on this. Council Member Lawrence .referred to an article in the Sunday Los Angeles Times regarding the high and low cost of doing business in the Los Angeles basin. The ratings were done by an L. A. based real estate consulting firm. Downey emerged as a very low cost city in which to do business and she mentioned other low cost cities in the area. Mayor Riley mentioned a letter received from someone who came into the City to have plans approved and complimented the Planning Staff on how helpful and courteous they were. OTHER BUSINESS - Staff Members Mr. Caton pointed out that it has been a fun and long day, pointing out it began with a meeting --r at the Downey Community Hospital attended by four of the Council Members. ADJOURNMENT: 11:32 p.m. The meeting was adjourned to 6:30 p.m., February 10, 1998, in the Council Chamber of Downey City Hall. R u ith E. McDonnell, ity Clerk Barbara J. ey, May H:\ CCLERK \SCONTE\IvIINUTES\CCMN0127. WPD Council Minutes 01/27/98 -15-