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Home My WebLink AboutMinutes - 01-14-03 - Regular MeetingUl{Bbb MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JANUARY 14, 2003 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 3:04 p.m., January 14, 2003, in the Council Chamber of the Downey City Hall, Mayor/Chairman Rick Trejo presiding. PRESENT:Council Members/Commissioners: Rick Trejo Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Mayor/Chairman Mayor Pro Tempore/Vice-Chairman (arrived at 3:45 p.m.) (arrived at 3:37 p.m.) ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Kathleen Midstokke, City Clerk/Secretary Lee Powell, Assistant City Manager Darrell George, Director of Community & Economic Development/ Assistant Executive Director \ db APPROVAL OF CLOSED SESSION MINUTES – DECEMBER 103 2002 ’/ It was moved by Council Member/Commissioner Cartozian, seconded by Council Member/- Commissioner Bayer, and so ordered to approve the Closed Session Minutes of December 10, 2002 CLOSED SESSION Mayor/Chairman Trejo announced the Council/Commission is recessing to the Third Floor Conference Room of City Hall to Closed Session (3 :05 p.m.) to discuss matters under the authority of the following Sections of the Government Code: A. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Firemen’s Association. B. SECTION 54956.9 - Subdivision (c) – Conference with legal counsel – anticipated litigation (initiation of litigation) (one potential case). C.SECTION 54956.8 – Conference with real property negotiators Gerald Caton and Darrell George re property: Parcels 1 – 6 of the Downey NASA site generally bounded by Stewart and Gray Road, Imperial Highway and Lakewood Boulevard; negotiating parties: Downey Landing LLC, Industrial Realty Group, GSA/NASA, Kaiser Permanente and International Risk Group; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 1/14/03 -1- 0143 ti :+ The meeting recessed at 5:00 p.m. and reconvened at 6:35 p.m., with Council Members/- Commissioners Cartozian, Perkins, Bayer and Trejo present; Council Member/Commissioner McCarthy absent, and recessed back to Closed Session. Council Member/Commissioner McCarthy arrived at 6:40 p.m. The meeting reconvened in open session at 7:30 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:31 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:37 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 9:16 p.m. The meeting reconvened at 10:49 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 10:50 p.m. Kathleen L. Midstoka3, City Clerk/Secretary Rick Trejo,Mayor/Chairman h:\cclerkUconte\MINS-ADJ-01 - 14-03 City Council/Community Dev. Comm. Minutes (adj .) 1/14/03 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 2003 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Plaque of Appreciation to retiring CA Assemblywoman Sally Havice Plaques of Appreciation to Golf Course Authority members, George Boose, Frank Gasdia, Ralph Jenny and Herb Stevens 2 Appeal of Tentative Tract Map #02-54060 & Zone Variance #02-82 for properties at 9755-9769 Imperial Hwy.: Ref. back to the Planning Commission Cont. to 7:30 p.m. 2/25/03 5 Reuben Salgato (sp. ?), reported an incident at the basketball courts at Furman Park 5 Speakers re the Police pursuit that resulted in the death of Gonzalo Martinez and related issues 6 Lennie Whittington complained about telephone service he received from a City employee; & referred to State & County cutbacks, suggesting the City pay attention to unnecessary expenditures for conferences and travel 6 6Removal of Items from Consent Calendar Council Minutes: Council Reorganization IVltg. 12/3/02 & Adj. & Reg. Mtgs. 12/10/02 Approved 6 Cash Contract #637 – City Yard & Independence Park Street Improvement Project: Approve plans & specs. & grant authority to advertise for bids Approved 6 Warrants Issued: #181991 – 182688; Wire Nos. 30000479, 30000488-502, $5,123,219.61 Approved 7 General Plan Amendment #02-77/Zone Change #02-81 for properties located at 8000 Telegraph Rd.; 8014-8018 Telegraph Rd.; and 8433 Tweedy Ln. Set hrg. 7:30 p.m. 1/28/03 7 Agreement w/Eadson & Assoc. to provide survey services required to support NASA site development Approved 7 PAGE 1 OF 4 COUNCIL MINUTES, JANUARY 14, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Fire grant from the Office of Traffic Safety: Appropriate $50,000 in grant funds for a fire rescue/ambulance vehicle and extrication equipment Approved 7 Appeal of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4) for L. A. County: Auth. the filing of litigation challenging the permit approved by the Regional Water Quality Control Board L. A. Region, 12/13/01, by joining in the lawsuit with the Coalition for Practical Regulations & auth. the expenditure of $5,000 in support of the legal challenge Approved Approved 7 7Carry-forward appropriations Res. #6622, adopt. class specs & estab. a salary range for Computer System Manager & Computer Operator III & designating Computer System Manager as Middle Mgmt; & estab. a new salary range for Data Entry Operator Adopted 7 7 8 8 8 Res. #6623, auth. bond proceeds in the Local Agency Investment Fund Adopted Res. #6624, approv. the appointments to Commissions, Boards & Committees for Council Dist. 4 Adopted Res. #6625, approv. the appointment of Wendy Welt to the Handicapped Appeals Board Adopted Adopted Res. #6626, approv. the destruction of certain obsolete records of the Police Dept. Res. #6628, adopt. the Memorandum of Understanding between the City of Downey and the Downey Police Management Assoc.Adopted 8 Street Sweeping Services: Was tabled for further review by staff & the Council Sub-committee consisting of Council Members Bayer and Cartozian Tabled Approved 11 12Budget Calendar for 2003-04 PAGE 2 OF 4 COUNCIL MINUTES, JANUARY 14, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2002 Rec. & file 13 Appropriation request – Theater Boiler: Appropriate $55,000 from the General Fund Approved 13 Res. #6627, adopting a change in the compensation plan for the Executive Director position to authorize relocation assistance for the recruitment conducted in fiscal year 2002-03 Adopted, as amended 14 City Council Committee assignments 2003 Approved, as amended 14 Cn. McCarthy re correspondence nom citizens complimenting staff 14 Cn. McCarthy referred to Downey Municipal Code Section 9148.08 re holiday lights & req. staff bring back an Ordinance amending the Code to allow lights to remain up until 1/15 Ref. to staff 14 Cn. McCarthy recognized former Mayor/Council Member Bob Winningham 14 Cn. Cartozian re the groundbreaking for new church, Iglesia de Christo, on Woodruff Ave.15 15Cn. Cartozian wished his girlfriend a birthday hello Cn. Cartozian pointed out newspaper articles re the removal of holiday lights did not mention the Jan. 1 date has been in effect for several years 15 Cn. Perkins complimented retiring Assemblywoman Sally Havice & felt the City should also recognize retiring Congressman Steven Horn 15 Cn. Perkins re the Fireworks Ordinance amended in November and suggested the first lottery drawing be held in October 2003 15 (.-n. Perkins referred to the Rio Hondo Golf Course clubhouse project & requested a status report with completion dates on various rtems Ref. to staff 15 PAGE 3 OF 4 COUNCIL MINUTES, JANUARY 14, 2003 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. 15Cn. Bayer thanked staff for the hard work on their staff reports Cn. Bayer noted former Assemblywoman Sally Havice is a role model & was an excellent representative for Downey 15 15 Mayor Trejo thanked Ms. Vogel & Council Member Bayer for accompanying him to Sacramento to discuss local issues Mayor Trej o thanked his fellow Council Members for attending the new church groundbreaking and noted he could not attend due to attending the funeral service of a dear friend John Ritchie & requested the next Council Mtg. be adjourned in his memory Ref. to staff 15 Mayor Trejo suggested a meeting be scheduled with the consultant re the golf course clubhouse to discuss any issues in the near future 15 15 15 16 16 Mayor Trejo suggested a meeting be scheduled soon with the NASA School/Park Subcommittee Mr. Caton advised he will bring a date back at the next Council Meeting for a mid-year Budget Review Mr. Caton re awla&'ard times due to the proposed State budget cuts Meeting adjourned to 5:30 p.m., January 28, 2003 H:\cclerk\sconte\tabl-01 - 14-03 PAGE 4 OF 4 0143 / iI MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 2003 The City Council of the City of Downey held a regular meeting at 7:46 p.m., January 14, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding. PRESENT:Council Members: Rick Trejo Kirk O. Cartozian Keith McCarthy Anne M. Bayer Meredith H. Perkins Mayor Mayor Pro Tem ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development Bonnie KeIroe, Acting Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Kevin O’Connor, Theatre Manager Ed Velasco, Manager of Housing Christina Vogel, Assistant to the City Manager Steven Yee, Economic Development Coordinator Shirley Conte, Executive Secretary PRESENTATIONS Mayor Trejo presented to Sally Havice, retiring California State Assemblywoman, District 56, a Plaque of Appreciation in honor of her work representing the City of Downey. He reviewed grants and programs Ms. Havice secured for the City and mentioned she supported Downey even after redistricting by the State split the City in two Districts. Ms. Havice expressed her appreciation to the citizens of Downey for electing her to the State Legislature three times. She advised she has now returned to teaching and stated she was led to politics by her love of people and wanting to do things for people. She mentioned she was the legislator who brought the 3 percent at 50 retirement benefit to public safety workers in California and commended the City of Downey for being one of the first cities to approve this benefit. Council Minutes 1/14/03 -1- 0143/I [ Mayor Trejo presented to Golf Course Authority members George Boose, District 4, Frank Gasdia, District 3, Ralph Jenny, District 2, and Herb Stevens, District 5, Plaques of Appreciation for their service to the City. He commended the members of this Authority, stating they were instrumental in making the golf course what it is today. (Mr. Gasdia and Mr. Jenny were not present to receive their plaques.) HEARINGS Mayor Trejo opened the public hearing on APPEAL OF TENTATIVE TRACT MAP NO. 02-54060 AND ZONE VARIANCE NO. 02-82 FOR PROPERTIES LOCATED AT 9755-9769 IMPERIAL HIGHWAY – A REQUEST TO SUBDIVIDE ONE PARCEL TO CREATE AN EIGHT-UNIT CONDOMINIUM COMPLEX; AND A ZONE VARIANCE FOR REDUCED OPEN SPACE ON PROPERTY ZONED R-3 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL). Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to receive and file Ms. Midstokke noted correspondence was received from the Applicant/Appellant Safa Kaddis dated January 9, 2003, including revised plans, and a letter of opposition to the zone variance was received from Stuart Garant on January 14. She stated copies of the documents are included in the public packet. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (5-0) to receive and file. Mr. Yoshiki explained that the subject applications are appealed items that came before the Planning Commission. He narrated a Power Point program of the site and reviewed the proposal for an eight-unit condominium project with a zone variance to modify the required open space. He stated the request was heard by the Planning Commission in October and was continued to the Commission’s November 20 meeting, at which time the applicant submitted revised plans and eliminated the zone variance for the open space requirement. He pointed out the plans submitted were not to scale and the Commission had to rely upon dimensions to review what they were considering. He noted the applicant eliminated the zone variance by changing the number of bedrooms in each unit from three to two. He reviewed problems and concerns that led to the denial of the applications, which included a floor plan that showed an area of approximately 20 x 20 feet that consisted of a kitchen, dining room, living room, utility room and bathroom within 380 square feet of floor space. He advised the master bedroom is 370 square feet, which is equivalent to the first floor, and the Commission felt it would appear the development considered would be in conflict with the General Plan Policy of encouraging quality development. He mentioned that one of the policies in the General Plan’s land use element stipulates the City should encourage quality construction and development of properties, as they are recycled. He responded to comments from the Council. Council Minutes 1/14/03 0143 Council Member Perkins asked if the Planning Commission informed the applicant the project lacked enough open space and the response was yes. He referred to the plans submitted to the Planning Commission at its November meeting with no dimensions and asked if this is normal procedure. He was informed there were dimensions but they were not to scale and to scale plans are required. He referred to his garage noting it encompasses approximately the same space the developer has suggested for the first floor of his project, which included a kitchen, dining room, utility room, half bath, living room and a stairwell to the second floor. He asked what the open space requirement is and was advised it is 4000 square feet. It was noted the applicant had to reduce the size of the building and the number of bedrooms to achieve the required open space. Mayor Trejo asked if the applicant or his representative wished to make comments at this trIne Mr. Kaddis, owner of the property at 9755 Imperial Highway, explained that this property is in an economically depressed area surrounded by apartment buildings and is currently occupied by three very old houses. He advised he attempted to remodel the current units and was informed by Planning staff that the houses could not be remodeled and would have to be demolished and rebuilt. He mentioned he then worked with Planning to develop an optimum design for eight condominiums. He stated he was advised he could build an apartment building with nine units on this property but noted he felt ownership-type condominiums would improve the neighborhood. He referred to the requirements, felt he complied with all Downey Municipal Codes, and noted staff recommended approval of the project when it was submitted to the Planning Commission last November. He noted concerns he heard at the Planning Commission and advised these concerns wer6 addressed in the revised plans he forwarded to the City last week, such as adequate area and dimensions for the first floor of each unit and adequate dimensions and area for the volume. He referred to Page 4, No. 5, of staffs report under Findings, which states the property may cause serious public health problems to the future occupants, and also referred to Page 7, No. 6, of the report submitted to the Planing Commission at its October 16 meeting, which states the project will not cause serious public health problems to future occupants. He introduced Amor Manligas, a licensed architect. Council Member Perkins noted the focus of tonight’s hearing is an appeal of the Planning Commission’s decision and felt the only information that should be considered is the information presented to the Planning Commission. He inquired if the revised plans submitted last week were also submitted to the Planning Commission and the response was no. He stated he felt they should not be considered at this time. Mr. Vose advised that Council Member Perkins’ comment is correct as it relates to the zone variance, noting the Code gives the Council the right to approve, deny, or modify, after it is referred back to the Planning Commission. He pointed out, with respect to the issue of the condominium lot, the Council has the ability to hold a de novo hearing and make a decision without sending it back to the Planning Commission. He recommended the Council go forward with the hearing and allow the applicant and public to present their testimony and can then determine whether to continue the hearing and refer it back to the Planning Commission. Council Member Perkins asked if the Council also had to hear the information on the zone variance and Mr. Vose noted the hearing was open for both matters and the applicant and public are allowed to comment. Council Minutes 1/14/03 -3- . 0143 /' 1 Council Member Cartozian suggested information presented remains focused on information previously presented to the Planning Commission. Mr. Vose advised this cannot be done because plan revisions have been presented. He noted the applicant has the right to present anything they want at the public hearing and the Council has the right to deny it and does not have to refer it back to Planning or can consider it and refer it back to the Planning Commission. Mr. Manligas, architect representing Mr. Kaddis, reviewed the revisions he made to the plans, such as adding a story to make the units split level, in order to accommodate the concerns listed. He stated the living area is now over 300 square feet and above the garage 400 square feet is designated for the kitchen and dining rooms. He noted the balance of the living area includes two bedrooms and a master bedroom. He advised the plans are to scale and noted he reviewed them with Mr. Juan in the Planning Division but was informed they could not be formally accepted. He was in agreement if the Council desired to take the revised plans back to the Planning Commission and stated he felt the project will enhance the surrounding neighborhood. Mayor Trejo asked if anyone present wished to speak in favor of tentative tract map No. 02- 54060 and zone variance No. 02-82. David Bowers, 10620 Dolan Avenue, concurred with the suggestion by the City Attorney to refer the revised plans back to the Planning Commission for review. Maria Larkin, 10603 Chaney Avenue, referred to a project she undertook many years ago in which she had to appeal the Planning Commission’s decision. She urged the Council to consider sending the matter back to the Planning Commission, noting the applicant has spent money to come up with a plan the City could accept. Barry McKinley, 12429 Benedict Avenue, neighbor of the proposed development, stated any improvements to this neighborhood are good and hoped the Council would accept the revised plans or at least review them. He felt a condominium project will attract people that stay and make roots in the neighborhood, which would enhance the area. Lennie Whittington, 8542 Manatee Street, noted people pay a fee to file an appeal and felt it was their right to a fair and complete hearing, stating they should be allowed to introduce new evidence Mayor Trejo asked if anyone wished to speak in opposition to the appeals. There being no one else to speak, it was moved by Council Member McCarthy, seconded by Council Member Cartozian, and so ordered to close the public hearing. Council Member McCarthy advised he is familiar with this area and stated it is in need of improvements. He felt the applicant has attempted to respond to concerns presented to him and supported referring the matter back to the Planning Commission. Council Member Cartozian echoed the sentiments of Council Member McCarthy, stated he would like to see the development go through by following the proper channels, and asked staff to work with the applicant. Council Minutes 1/14/03 -4- U143 /4 Mr. Vose pointed out the Council is left with two choices: to deny the appeal; or to consider new information and send it back to the Planning Commission for fbdher review. He advised it will not require a formal public hearing before the Planning Commission. He noted it would be a motion to continue the hearing and refer the matter to the Planning Commission for their recommendation to bring it back to the Council at the continued public hearing date. It was moved by Council Member Perkins and seconded by Council Member Cartozian to deny the appeal on Tentative Tract Map No. 02-54060 and Zone Variance No. 02-82, deferring it back to the Planning Commission and bringing it back to the Council for further review at its February 11, 2003, meeting. (See amended motion below.) Prior to the vote, Council Member McCarthy requested clarification as to why the maker and second wished to deny the appeal rather than continuing the matter and referred to legal counsel’s suggestion to continue the hearing. Council Member Perkins advised he did not feel the Council could grant an appeal, as the information the Planning Commission based its decision on was not the revised information presented tonight. He felt, if denied, it will go back to the Planning Commission and will then be brought back to the Council. Mr. Vose reiterated that denying the appeal concludes the hearing process and it cannot be returned to the Planning Commission. The applicant will then have to back through the entire process of a new hearing and new application. He advised, if continued, the matter will go back to the Planning Commission for consideration of new information and will then come back to the Council. The maker and seconder amended their motion as follows. It was moved by Council Member Perkins, seconded by Council Member Cmtozian, and unanimously carried (5-0) to reopen and continue the public hearing and refer new information back to the Planning Commission, with the matter to come back before the Council at its meeting on February 25, 2003. Prior to the vote Mr. Caton inquired if staff felt the February 11 Council Meeting would give the Planning Commission enough time to hear this matter and Mr. Yoshiki advised the next scheduled Plarning Commission meeting is February 5 and staff would prefer to bring the matter back to the Council at its 2nd meeting in February, February 25, to which the maker, seconder and applicant agreed. ORAL COMMUNICATIONS Reuben Salgato (sp. ?), 7821 Compton Avenue, Downey, a coach with the Downey Junior Athletic Association (DJAA), reported an incident he encountered at the basketball courts at Furman Park, when his team went to practice and was asked to leave by City personnel because kids from other cities were utilizing the basketball courts. Mayor Trejo directed Mr. Salgato to discuss the matter with the Acting Director of Community Services, Bonnie Kehoe. Council Minutes 1/14/03 -5- 0143 /\\ The following people spoke regarding the Police pursuit that resulted in the death of Gonzalo Martinez and related issues. Norma Martinez, 9525 Al:dine Street, submitted International’s hearing on Police brutality. Augustin Cevada, Altacalifa, CA Robert Douglas Cheno Romero, Bell Gardens Susan Quinteros Diane Boggs, Downey Maria Larkin, Downey Sergio Mendez, Los Angeles Diana Quinteros, 11644 Brookshire Avenue Sergio Perez, South Central, Los Angeles a document she advised was Amnesty Lennie Whittington, 8542 Manatee Street, complained about telephone service received from a City employee while he was out of town on vacation; and referred to State and County cutbacks, suggesting the City pay attention to what he felt were unnecessary expenditures for conferences and travel. The meeting recessed at 9:16 p.m. and reconvened at 9:25 p.m. with all Council Members present. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items 10, COIWPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2002, and 19, RELOCATION ASSISTANCE FOR THE CANDIDATE OFFERED THE POSITION OF EXECUTIVE DIRECTOR, SPACE SCIENCE LEARNING CENTER, were removed at the request of Council Member Perkins. Agenda Item 13, APPROPRIATION REQUEST – THEATER BOILER, was removed at the request of Lennie Whittington. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried (5-0) to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: COUNCIL REORGANIZATION MEETING, DECEMBER 3, 2002, AND ADJOURNED AND REGULAR MEETINGS, DECEMBER 10, 2002 : Approve CASH CONTRACT NO. 637 – CITY YARD AND INDEPENDENCE PARK STREET IMPROVEMENT PROJECT: Approve plans and specifications and grant authority to advertise for bids: Approve. Council Minutes 1/14/03 -6- 0143 /6 WARRANTS ISSUED: NO. 181991 – 182688; WIRE NUMBERS 30000479, 30000488- 502, $5,123,219.61: Approve. GENERAT 1 PLAN AMENDMENT NO, 02=77/ZONE CHANGE NOe 02=81 FOR PROPERTIES LOCATED AT 8000 TELEGRAPH ROAD; 8014-8018 TELEGRAPH ROAD; 8343 TWEEDY LANE (OWNERS: FRANK AND RITA GIOVINETTI, RAMCO INVESTMENTS, DOLPHIN ASSOCIATES, LTD./REPRESENTATIVE: SEA RIDGE, INC./ROBERT F. FERGUSON) FOR RECLASSIFICATION OF THE LAND USE DESIGNATION FROM “OFFICE” TO “MEDIUM DENSITY RESIDENTIAL”, AND A ZONE CHANGE FROM C-2 AND P-B (GENERAT J COMMERCIAL AND PARKING BUFFER) AND Rl-5,000 (SINGLE-FAMILY RESIDENTIAL) TO R-3-0 (MEDIUM DENSITY, MULTIPLE-FAMILY RESIDENTIAL, OWNERSHIP): Set the public hearing for 7:30 p.m., January 28, 2003, in the Council Chamber of Downey City Hall: Approve. AGREEMENT WITH EADSON AND ASSOCIATES TO PROVIDE SURVEY SERVICES REQUIRED TO SUPPORT NASA SITE DEVELOPMENT: Approve FIRE GRANT FROM TIIE OFFICE OF TRAFFIC SAFETY: Appropriate $50,000 in grant funds for a fire rescue/ambulance vehicle and extrication equipment: Approve. APPEAL OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT FOR LOS ANGELES COUNTY: Authorize the filing of litigation challenging the NPDES MS4 permit approved by the Regional Water Quality Control Board (RWQCB), Los Angeles Region, on December 13, 2001, by joining in the lawsuit with the Coalition for Practical Regulations, and authorizing the expenditure of $5,000 in support of the legal challenge: Approve. CARRY-FORWARD APPROPRIATIONS: Approve $953,834.56 in carry-forward appropriations per staff report: Approve. RESOLUTION NO. 6622 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A CLASS SPECIFICATION AND ESTABLISHING A SALARY R\NGE FOR COMPUTER SYSTEM MANAGER AND COMPUTER OPERATOR III AND DESIGNATING COMPUTER SYSTEM MANAGER AS MIDDLE MANAGEMENT; AND ESTABLISHING A NEW SALARY RXNGE FOR DATA ENTRY OPERATOR RESOLUTION NO. 6623 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING BOND PROCEEDS IN THE LOCAL AGENCY INVESTMENT FUND Council Minutes 1/14/03 -7- 0143 r RESOLUTION NO. 6624 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENTS TO COMMISSIONS. BOARDS AND COMMITTEES FOR COUNCIL DISTRICT 4 RESOLUTION NO. 6625 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF WENDY WELT TO THE HANDICAPPED APPEALS BOARD RESOLUTION NO. 6626 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS OF THE POLICE DEPARTMENT RESOLUTION NO. 6628 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS STREET SWEEPING SERVICES Mr. Alvarez advised the Council authorized the issuance of Requests for Proposals (RFP) for street sweeping services at its November 12 meeting, RFP’s were issued to eight companies on November 13, a pre-proposal conference was held November 20, and three proposals were received December 6. He explained the purpose of the RFP was to review competitive pricing with the inclusion of requirements complying with new Air Quality Management Regulations (AQMD) for clean fuel vehicles and National Pollutant Discharge Elimination System (NPDES) permit requirements, along with expanded scheduled services and to get a fixed proposal on the provision for emergency services. He pointed out one change to the contract is that the contractor is responsible for disposal of all street sweeping waste, explaining some waste is currently deposited at locations throughout the City and City crews dispose of it. He advised the proposal also contained violations and progressive penalties if the contractor did not comply with all terms of the contract and an annual adjustment for increases in actual operational costs, subject to audit. He pointed out the contract also requires a $100,000 performance bond. He reviewed changes in the scope of service, which included an increased work load and advised the three companies who submitted proposals are California Street Maintenance, Nationwide Environmental and R. F. Dickson Company. He advised that two of Council Minutes 1/14/03 -8- 0143 /S the companies complied with all requirements of the RFP and one took exception to 28 of the provisions, referring to Table 2 of the staff report, for a summary. He noted the current annual contract cost is $387,076. He stated all three companies are qualified and the financial statements received from two were in good order. He noted staff recommends awarding a contract to the low bidder, California Street Maintenance, for five years, with no provision for renewal, and with contract costs remaining constant for the first two years and being subject to increase in years three, four and five to reflect actual costs not to exceed the Consumer Price Index (CPD. He pointed out once a contract is awarded, a 60-day notice must be issued in accordance with the current contract. He responded to comments from the Council. Council Member Cartozian noted financial statements, company profiles, listings of current clients and letters of recommendation would have been helpful but were not provided with the staff report and was informed this information is available. Council Member McCarthy referred to the scope of the proposal and did not understand why some of the items were requested, such as the section regarding providing personnel and equipment for the City to use when the contractor cannot perform the job and also the mention of a variety of fines Council Member Bayer commended the report by Mr. Alvarez. Lennie Whittington, 8542 Manatee Street, stated the contract is difficult to comprehend. He felt R. F. Dickson Company has done a good job and has been very responsive -to requests, noting this means a lot. Steven Juevas (sp. ?), representing the R. F. Dickson Company, advised they had major problems with staffs recommendations in the new contract. He submitted paperwork identifying Dickson’s position concerning the new contract and the existing contract and referred to the existing contract signed by the Council in November 2002 for five years, which is the same contract the City has been working nom for the past 15 years. He noted R. F. Dickson has been in business for 53 years, with 45 of those years in Downey. He noted they have been responsive to the Council and staff in their street sweeping needs and feel the contract does not have to be rewritten. He pointed out the existing contract price is currently $361,000 and not the $387,000 previously mentioned, noting the new proposals are at least $17,000 higher than this figure. He reviewed Dickson’s complaint record, noting there were only 14 complaints last year, which they responded to and there were no repeat complaints. He also stated that in the fifteen years Dickson has been working in the City of Downey there has only been one emergency after hours. He stated he hoped the Council would reconsider this contract. He responded to comments nom the Council. Council Member Perkins referred to the $361,000 figure and asked Dickson if their bid for the new contract was $498,000 and the response was yes. He asked if the $387,076 was incorrect and the response was yes. It was noted Dickson requested a 7 percent increase, which has not been granted as far as they know. Council Minutes 1/14/03 -9- U143 ? \\ Council Member Cartozian requested Dickson explain the difference between the figure of his bid and the other two proposals and Mr. Juevas advised they calculated additional figures, since the contract calls for a number of penalties. Council Member Cartozian noted the same contract was proposed to the other two companies and Mr. Juevas responded he was surprised no one else objected, with the addition of a bond and the possible additional expenses for the punitive portions of the contract. Council Member Cartozian asked how many cities R. F. Dickson contracts with and was advised 27. He asked how many contracts have been cancelled and the response was none. Mr. Juevas also referred to the issue in the report as to where refuge is dumped and stated the existing contract notes the City will designate where refuge is dumped and can designate another location if it wants. Council Member McCarthy stated he has bid on service contracts through his service company and responds to items he disagrees with when he finds them in the presentation. He felt the items the bidder took exception to are to his credit rather than to his discredit. He stated he does not understand the scope of this proposal. It was moved by Council Member McCarthy to reject all of the proposals and continue with the current contract, with the schedule of performance as listed on Table 1. The motion died for lack of a second. Steve Dickson, R. F. Dickson Company, pointed out his understanding that the other two contractors do not have the equipment required in this proposal and assumed staff would have made sure they could meet these requirements. He noted Dickson had only 14 complaints last year and reviewed their response to those complaints. Council Member Canozian suggested each contractor keeps their comments to their own company and noted he will ask the same questions to each. Onnie Samuelian (sp. ?), Corporate Administrator, Nationwide Environmental Services, aka Joe Sweeping Incorporated, advised they have been in business for over 35 years serving municipalities with street sweeping services. She noted they currently contract with over 35 municipalities, including the cities of Norwalk, Pico Rivera, Bell Gardens, Commerce, Montebello, etc. She advised that Nationwide is right next door and is available 24 hours per day, 7 days a week, to provide any emergency or special request services. She asked the City to reconsider awarding the contract to Nationwide, stating the City will benefit from quality service and 100 percent satisfaction. Nishkoday Pedrosian (sp. ?), representing Nationwide Environmental Services, stated he agreed with what R. F. Dickson had to say and also with their objections. He clarified that Nationwide has ordered six CNG alternate-fuel powered sweepers and has two in their possession, with four to be delivered at the beginning of next month, noting they have the equipment to provide this service to the City of Downey. Council Member Cartozian asked how many contracts Nationwide currently has and was informed over 35. He asked how many have been cancelled and the response was none. Council Member Perkins asked if all street sweepers come from the same manufacturer and the response was yes. He also asked where Nationwide is located and was informed Norwalk. Council Minutes 1/14/03 - 10- 0143 J { I Richard Pridham, 10402 Bellman Avenue, mentioned attending previous Council Meetings and stated he thought the Council had decided to continue the current contract. He stated he has been happy with the current service and felt it made sense costs would increase when the contract was changed with new added conditions. Council Member Cartozian requested a report on California Street Maintenance, as far as location, number of contracts, whether any contracts have been cancelled, and what recommendations and references were presented to warrant the award of this contract. Mr. Alvarez advised he did not know why a representative of California Street Maintenance was not present but noted staff did not impress upon any of the contractors that they needed to be present. He stated, for the record, that staff awards many contracts and most times the contractor is not present. He noted California Street Maintenance has 30 years of service providing services to public agencies, currently serve 40 municipalities and enjoy a good reputation. He stated their references were verified, as were cities they did not list as references and no one was unhappy, as was the case for all three proposals. Council Member Cartozian inquired if staff checked into cities where California Street Maintenance lost contracts and was informed the contractor has not lost any contracts that staff is aware of He advised he received confirmation from a couple of cities that cancelled contracts with California Street Maintenance. Council Member Perkins referred to the current contract, which the staff report lists as $387,000 and Dickson claims it is $361,000. Mr. Alvarez advised the Dickson contract was for $361,000, which was the annual fee in November. He noted Dickson is entitled to an annual CPI adjustment on December 1, and staff received a letter from them requesting this adjustment be implemented, which will cause the contract amount to be $387,000. Council Member McCarthy mentioned he has not seen or heard of any decline in Dickson’s service and noted the Council approved an extension to the current contract one month ago. It was moved by Council Member McCarthy, to reject all proposals and continue with the current contract, including the schedule of performance listed in Table 1. (The motion died for lack of a second.) Lennie Whittington, 8542 Manatee Street, noted he too was conRrsed, as he felt the contract was just extended for five years and did not recall that it was going out to bid. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to table this item for further review by staff and the Council Sub-committee consisting of Council Members Bayer and Cartozian. Council Minutes 1/14/03 -11- 014331 Prior to the vote, Council Member Cartozian mentioned his disappointment in the staff report and RFP. He did not feel staff was prudent in overseeing the proposals and stated he was not ready to make a decision this evening because the report lacked information. He noted the cities he contacted that had cancelled contracts with California Street Maintenance stated they cancelled because street sweepers were not showing up, employees were sleeping in the sweepers under trees, they used broken sweepers, and left early to go home. He stated he liked the additions and requirements for the proposals but wanted to table this item. Council Member Perkins explained the Council did vote to send this contract out to bid but approved a five-year contract because the current contract was running out. He noted a 60-day termination clause was added to protect the City. He supported the motion to table and suggested a subcommittee be formed with Council Members Cartozian and Bayer to review this matter further and bring back a proposal. Council Member Bayer agreed to the suggestion by Council Member Perkins. Mayor Trejo stated he also supports the motion and felt there are a lot of questions and issues involved and the lowest bidder is not present to respond. He supported the subcommittee and asked staff if there were any time constraints and the response was no. Council Member McCarthy stated he is embarrassed that the City would treat a local business this way that has served the community almost without fail for fifteen years. Council Member Cartozian agreed to be part of the sub-committee with Council Member Bayer. BUDGET CALENDAR FOR 2003-04 Mr. Caton advised that Assistant City Manager Powell prepares a budget calendar annually and stated the City Charter requires the Council adopt the budget before the end of the fiscal year, which is June 30. He referred to the calendar submitted and requested the Council’s approval. Council Member McCarthy referred to the public hearing held last year at the Barbara Riley Community Center and suggested the same thing be done again this year, as he felt it offered the public a better chance for input. Mr. Caton noted the period from May 22 through June 20 is available for review of the preliminary budget and suggested a meeting be scheduled at the Community Center during that time. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to approve the budget calendar. Council Minutes 1/14/03 01438: OTHER BUSINESS - Consent Calendar - Items removed by Council Approval COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2002 Council Member Perkins referred to Page 102 (Golf Course Fund) of the Financial Report requesting clarification of what is included under operating revenues where it lists rents and corlcesslolls. Mr. Michicoff advised this would include the rental of the facility as well as the revenue that is generated from the concessionaires that operate the golf course eatery and the pro shop. Council Member Perkins inquired if it would also include the clubhouse and the response was yes. He suggested this be broken out in the future, noting he would like to know what comes from the golf course alone and from the concessions and clubhouse. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried (5-0) to receive and file. Prior to the vote, Council Member Cartozian inquired as to where it stipulates the driving range balls and was informed this is also reflected under rents and concessions. Council Member McCarthy commended Mr. IV[ichicoff on the cover letter and referred to Page 7 where he clarified the bonds have been consolidated into a new debt vehicle since this report was published. Mr. Caton responded he was correct, noting the report covers the period through June 30 2002) APPROPRIATION REQUEST – THEATER BOILER, $55,000 Mr. Caton noted Mr. Whittington pulled this item and is no longer in attendance. It was moved by Council Member Cartozian, seconded by Council Member McCarthy, and unanimously carried to appropriate $55,000 from the General Fund for a new boiler at the Downey Theater. RELOCATION ASSISTANCE FOR THE CANDIDATE OFFERED THE POSITION OF EXECUTIVE DIRECTOR, SPACE SCIENCE LEARNING CENTER Council Member Perkins stated he felt compensations such as this should carry some responsibility and suggested adding language to the contract that the Director must be employed for at least two years or the $3,000 relocation assistance is to be repaid to the City. Council Minutes 1/14/03 -13- 01433:\ RESOLUTION NO. 6627 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A CHANGE IN THE COMPENSATION PLAN FOR THE EXECUTIVE DIRECTOR POSITION TO AUTHORIZE RELOCATION ASSISTANCE FOR THE RECRUITMENT CONDUCTED IN FISCAL YEAR 2002-2003 The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to waive further reading and adopt, with the amendment to the contract that the Executive Director of the Space Science Learning Center must be employed for at least two years or must repay the $3,000 relocation assistance. Council Member Cartozian inquired how long it is envisioned the Director will work for the City and Mr. Caton advised the City hopes this will be a long-term employee, pointing out the first two years of the funding is covered by the Federal grant. OTHER BUSINESS - Council Members CITY COUNCIL COMMITTEE ASSIGNMENTS 2003 Ms. Midstokke mentioned one addition requested by staff, which is to add an additional alternate to the Independent Cities Risk Management Authority (ICRMA). She noted it was requested to add Sung Hyun, the Finance Manager. Mr. Caton advised that Item No. 27, Space Camp Subcommittee, completed its task and recommended a Lakewood Boulevard Subcommittee be created, suggesting Council Members Bayer and Perkins. Mayor Trejo also noted the Street Sweeping Subcommittee consisting of Council Members Bayer and Cartozian formed earlier tonight should be added. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried (5-0) to approve the City Council Committee Assignments for 2003, with amendments as noted above. Council Member McCarthy mentioned items of correspondence from citizens complimenting Mark Galvan, Neighborhood Preservation Coordinator, for neighborhood preservation events in the Elm Vista Drive area, and Police Officer Kurtz for assisting a stranded motorist. Council Member McCarthy referred to Downey Municipal Code Section 9148.08 regarding holiday lights, which he stated only allows lights between Christmas and New Year. He requested staff bring back an Ordinance amending this Code section by allowing lights to remain up until January 15 Council Member McCarthy recognized former Mayor/Council Member Bob Winningham in the audience. Council Minutes 1/14/03 -14- 0143 d 'i Council Member Cartozian mentioned he enjoyed attending the groundbreaking for new church, Iglesia de Christo, on Woodruff Avenue. Council Member Cartozian wished his girlfriend Linda Khatchaturian a birthday hello. Council Member Cartozian pointed out that recent newspapers articles regarding the removal of holiday lights neglected to mention the January 1 st removal date has been in effect for several years. Council Mernber Perkins mentioned the excellent job retiring Assemblywoman Sally Havice did for the City of Downey and was pleased to see the City recognize her tonight. He felt the City should also recognize retiring Congressman Steven Horn. Council Member Perkins referred to the Fireworks Ordinance that was amended in November and took effect December 26, noting it designated a lottery drawing to be held on October 16 to determine which non-profit clubs will receive firework stand permits. He suggested the Council consider holding the first lottery drawing in October of 2003, as he felt it is too late to hold a lottery drawing for July 4, 2003 . Council Member Perkins referred to the Rio Hondo Golf Course clubhouse project and felt it was important to complete this project in a timely manner and under budget. He referred to the schedule set and requested a status report with completion dates on the various items. Council Member Bayer thanked staff for the hard work on their staff reports, noting she carefully reviews each one. Council Member Bayer noted former Assemblywoman Sally Havice is a role model and was an excellent representative for Downey. Mayor Trejo thanked Christina Vogel and Council Member Bayer for accompanying him on a recent trip to Sacramento to discuss local issues, including the possible closure of Rancho Los Amigos Hospital. Mayor Trejo thanked his fellow Council Members for attending the new church groundbreaking on Saturday and noted he was not able to attend due to attending the funeral service of a dear friend, John Ritchie, and requested the next Council Meeting be adjourned in his memory. Mayor Trejo suggested a meeting be scheduled with the consultant regarding the golf course clubhouse to discuss any issues in the near future, to which Council Member Perkins agreed. Mayor Trejo also suggested that a meeting be held soon with the NASA School/Park Subcommittee, to which Council Member Cartozian agreed. OTHER BUSINESS - Staff Members Mr. Caton advised he will bring a date back at the next Council Meeting for a mid-year Budget Review in February. Council Minutes 1/14/03 -15- 01433 :) Mr. Caton noted the City is in awkward times due to the proposed State budget cuts and noted he will send the Council a copy of what staffing levels were in 1990 when staff was cut back significantly and noted he was looking into a potential hiring freeze. He noted the State will not take any action until mid summer and advised that the debt for California is more than all the other States combined. ADJOURNMENT: 10:50 p.m. The meeting was adjourned to 5:30 p.m., January 28, 2003, in the Council Chamber of Downey City Hall. KC-l&m Rick T;jo,Mayor H:\CCLERK\SCONTE\MINUTES\MINS-CC-01 - 14-03 Council Minutes 1/14/03 -16-