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HomeMy WebLinkAboutMinutes - 03-11-03 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY REGULAR MEETING MARCH 11, 2003 The City Council of the City of Downey held a Regular Meeting at 7:33 p.m., March 11, 2003, in the Council Chamber of the Downey City Hall, Mayor Rick Trejo presiding. PRESENT: Council Members: Rick Trejo Mayor Kirk O. Cartozian Mayor Pro Tempore Keith McCarthy Anne M. Bayer Meredith H. Perkins ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen L. 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 Kehoe, Acting Director of Community Services Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner John Michicoff, Finance Manager Christina Vogel, Assistant to the City Manager Joyce E. Doyle, Chief Deputy City Clerk PRESENTATIONS Certificate of Appointments Mayor Trejo announced that had been prepared for the Julie and Dwight Simpson, both following persons, who were not able to attend tonight: appointed to the Downey City Hospital Commission for District 4Kent Halbmaier, ; and appointed to the Citizens Health & Environmental Sanitation Committee for District 2 . Ed Dario, District Manager for the Automobile Club of Southern California, Downey District CHP 10851 Office and Lieutenant Ralph Elvira of the California Highway Patrol, presented the Awards to Downey Police Officers Justin Prentice and Nathan Weinrich for their efforts in vehicle theft recovery. Officer Prentice recovered 36 stolen vehicles in approximately a one year period and Officer Weinrich recovered 24 stolen vehicles. Gary Thomas, Immediate Past President of the Pasadena Tournament of Roses Parade, 2003 Downey Rose Float Portrait presented the to Mayor Trejo and congratulated the City of Council Minutes 03/11/03 -1- Downey and its citizens for continuing the long standing tradition of a self-decorated float. HEARINGS - None CONSENT CALENDAR - ITEMS FOR REMOVAL 5. REIMBURSABLE CONTRACT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS RE: THE INFRASTRUCTURE IMPROVMENTS PROGRAM GRANT FOR IMPROVING INFRASTRUCTURE AT THE FORMER NASA/BOEING SITE, was pulled at the request of Mayor Pro Tempore Cartozian and is listed under Other Business below. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Perkins, and waive further reading of the Resolutions and approve the remainder of unanimously carried to the Consent Calendar items as recommended: 1. COUNCIL MINUTES: SPECIAL MEETING, FEBRUARY 24, 2003: Approve. 2. COUNCIL MINUTES: ADJOURNED REGULAR MEETING, FEBRUARY 25, 2003: Approve. 3. COUNCIL MINUTES: REGULAR MEETING, FEBRUARY 25, 2003: Approve. 4. WARRANTS ISSUED: 183949 – 184307; WIRE NUMBERS 30000519-520, 30000529- 534; $1,826,782.24: Approve. 6. RECYCLING AWARENESS CAMPAIGN: Approve. 7. RIO HONDO CLUBHOUSE MODERNIZATION – CONSTRUCTION MANAGEMENT SERVICES: 1) Approve a Professional Services Agreement with Concept Marine Associates, Inc. (CMA) in the amount of $448, 285. for construction management services; and 2) Appropriate Golf Course Funds in the amount of $448,285: Approve. 8. SET PUBLIC HEARING FOR DOWNTOWN PLAN AMENDMENT: A REQUEST TO EXPAND THE DOWNTOWN PLAN BOUNDARIES TO INCLUDE PROPERTIES LOCATED AT 8021-8043 SECOND STREET AND 8028-8036 THIRD STREET (APPLICANTS/OWNERS: GIOVANNI & GIUSEPPINA PERSICO, TRUSTEES, THE PERSICO INTERVIVOS TRUST) – (DOWNTOWN PLAN AMENDMENT NO. 02-96): Set the public hearing for Downtown Plan Amendment No. 02- 96 for 7:30 p.m., March 25, 2003, in the Council Chamber of Downey City Hall: Approve. 9. CHAMBER OF COMMERCE STREET FAIRE PERMIT: Approve the Chamber’s street closure application and permit the closure of Brookshire Avenue, from Firestone Blvd. Council Minutes 03/11/03 -2- to Civic Center Drive for the annual street faire. (Saturday, May 3, 2003): Approve. 10. RESOLUTION NO. 6646 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FUNDS FOR THE URBAN FORESTRY GRANT PROGRAM AS PROVIDED THROUGH PROPOSITION 12 FUNDING; and authorize the City Manager to execute any agreements and requests for payment as necessary for the program. 11. RESOLUTION NO. 6647 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMITTAL OF TRANSPORTATION IMPROVEMENT PROJECT APPLICATIONS FOR THE MTA 2003 CALL FOR PROJECTS. 12. RESOLUTION NO. 6648 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF IMPERIAL HIGHWAY OVER THE SAN GABRIEL RIVER WITHIN THE CITY OF DOWNEY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES AND FINDS THAT THE PROJECT TO RETROFIT THE BRIDGE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RESOLUTION NO. 6649 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO THE ESTABLISHMENT OF THE PORTION OF FLORENCE AVENUE OVER THE RIO HONDO CHANNEL WITHIN THE CITY OF DOWNEY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES AND FINDS THAT THE PROJECT TO RETROFIT THE BRIDGE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS Pasadena Tournament of RosesParade (A presentation was made by the at this time, but it is listed above for clarity.) Council Minutes 03/11/03 -3- 13. STREET SWEEPING SERVICES Mr. Alvarez advised this item was most recently discussed at the last City Council meeting and the Council’s ad hoc Street Sweeping Subcommittee has met since that time. The proposals were again reviewed including the scope of services being provided now and those proposed in the new contract. The Subcommittee recommends awarding a contract to Nationwide Environmental Services. not approve this item It was moved by Council Member McCarthy to . The motion died for a lack of a second. Council Member Perkins explained that the last time this matter was before the Council, he had abstained and he still has several unanswered questions. He recollected the formation of the Subcommittee and his understanding of the mission was that they would study the staff report which had been both praised and criticized. The item came back with a recommendation and the Council split 2-2-1 with the contractor remaining the same. He then questioned the differences between the present contract and the new proposed contract. Mayor Pro Tempore Cartozian responded that the Council had authorized Public Works to solicit a new bid last November and along with it came a new contract. The major differences include mainly increases in the level of services, incurring the cost of disposing street sweeping debris, the requirement of using AQMD compliant alternate fuel vehicles, the ability to audit sweeping company books before approving any rate increases, and other comprehensive contract information regarding specific enforcement provisions. In responding to Council Member Perkins, Mr. Alvarez explained that the new contract provided that the street sweeper would be responsible for the disposal of the sweeping debris. Currently, a portion is being deposited and the City then transfers it from certain locations and the other portion gets deposited directly at the DART facility. The present cost is embedded in the refuse contract. The intention is to get a credit for the $60,000 and also save the City the expense of transferring that portion which is dropped off at City sites. Council Member Perkins then requested permission from the Mayor to ask the contractors a few questions. Nejteh Der Bedrossian, representing Nationwide Environmental Services came forward. In responding to questions, Mr. Bedrossian confirmed that he had previously indicated that the removal of the trash from the City was approximately $125,000, including the disposal fees, labor and City staff expense time. He indicated he could come close to a reduction in this amount if this requirement was removed from the new contract. He also responded that he will receive equipment within 2 weeks which is AQMD compliant. He will be filling his equipment at the Gas Company in Downey which is a high pressure facility. Steve Dickson, R.F. Dickson Company came forward to respond to questions. In responding to Council Member Perkins, he indicated he has 12 vehicles which are AQMD compliant and already Council Minutes 03/11/03 -4- in service in Downey. He indicated the equipment will be filled at a brand new station in Bellflower which is close to completion and is a high pressure system. He disagreed that the Gas Company facility was high pressure, indicating it was only 3000 psi, which is considered low pressure. He stated the contract has 42 additional curb miles due to increases in service. His additional costs include the required $100,000 performance bond. In responding to Mayor Pro Tempore Cartozian, Mr. Dickson responded that the $68,000 figure was the DART bill. He explained that his community participation includes charity golf tournaments, street fairs, working with Sheriff Sherman Block on the Say No to Drugs program in local schools, hired the 1st Miss Black California Simone Stevens, Meals on Wheels and all types of programs involving children. In responding to Mayor Pro Tempore Cartozian, Mr. Alvarez stated the performance bond is to insure that there would be a venue for compliance with the contract in the event of default. Examples include: damage to City facilities with the contractor not reimbursing the City; contractor fails to perform and the City has to incur the cost of performing those services; and if the City enforced penalty provisions and the contractor did not pay the penalties. In responding to Council Member Perkins, Mr. Dickson stated that he could remove $68,000 from the bid if the trash disposal portion of the contract were removed. In responding to Council Member Perkins, Mr. Powell said that the amount for the annual audit of the City accounts and financial records is approximately $20,000. Council Member Perkins indicated he would like to negotiate a contract without the trash removal requirement. Mr. Vose responded that the bid as submitted could be accepted or staff could be directed to negotiate another aspect of that bid, or remove an exception or provision of that bid. Then the contract would be brought back with that removed from it. He further indicated that there was not enough clarity given tonight to give a precise number and an acceptance by the contractor that would allow the City to hold him accountable tonight. Mr. Alvarez confirmed that there is a provision in the new contract that allows the City and the contractor to cancel the contract. The following people spoke in favor of retaining the City’s current contractor, R. F. Dickson Co.: Maria Larkin, Downey resident; President Elect, Downey Chamber of Commerce Fionnuala Anderson, Downey resident Lucy Lynn Wilson, Downey resident; current President, Downey Chamber of Commerce Joan Warner, Downey Chamber of Commerce Executive Director Bob Winningham, past resident of Downey for 47 years Lennie Whittington, Downey resident over 30 years Richard Pridham, Downey resident Diane Boggs, Downey resident for last 50 years, requested clarification of the contemplated action and whether it would include the awarding of the contract to Nationwide without knowing the Council Minutes 03/11/03 -5- exact amount that would be deducted for not hauling the trash. Craig Schwerdt, Downey resident, expressing that although R.F. Dickson has done an excellent job, the cost savings that Nationwide provides makes a very compelling case and he recommends approval of Nationwide. Harold Tseklenis, Downey resident suggested a good analysis could be conducted by a comparison of average curb mile costs in surrounding communities. to make the It was moved by Mayor Pro Tempore Cartozian, seconded by Mayor Trejo, award to the recommended street sweeping contractor for City street sweeping to Nationwide, subject to a reduction in the cost for the trash disposal to be negotiated by staff & brought back to the City Council for a final approval which will not be done tonight. This motion was not voted upon, but amended as noted below. Council Member McCarthy stated that this is the third time this matter is before the City Council and he does not understand why so much time is being spent on a non-existent problem that doesn’t need this proposed solution. There is an existing agreement that will continue for 4 years and 9 months which should be kept. He questioned why there was no discussion at the Subcommittee level of bringing this service back in-house. In response to Council Member McCarthy, Mr. Alvarez answered that it had been determined that the City did not need to require the contractor to pay prevailing wages. This was stated in an Addendum that was issued to the Request for Proposals. Council Member Perkins, in addressing the motion, stated he did not feel it would be fair in a contract like this to not allow the other companies the same offer. The window of opportunity should be for all, not just one. Mayor Trejo commented that he agreed that the cost savings over the life of the contract was a major consideration, especially with the State funding cutbacks and that the monies saved could be better used for Public Safety. Mayor Pro Tempore Cartozian stated that this has been the most difficult issue before the City Council since his election. He felt the Subcommittee’s assignment was to come back with a recommendation based upon a new contract with new bids. He stressed that the recommendation has nothing to due with performance, but instead trying to get a better contract. He clarified that his motion was not to award a contract, but to have a continuance to address the issue of elimination of the trash hauling requirement. Council Member McCarthy inquired of the City Attorney whether the minutes approved from the last meeting included his opinion that the subject issue was either dead or the Council could direct staff to bring it back. Mr. Vose clarified that it was a dead issue for that meeting, except for a motion for reconsideration, and that there are various ways items can be placed on the agenda. Council Minutes 03/11/03 -6- Diane Boggs, resident of Downey, requested clarification of the motion, stating that she was on the Council fifteen years ago when it was decided at that time it would be more fiscally prudent to go through the private sector for this service. She encouraged further review be conducted including bringing the service back in-house and the curb per mile cost comparisons. Nejteh Der Bedrossian, representing Nationwide Environmental Services, expressed that it is unfortunate to see what turns and curves this simple process is taking. The lowest bidder proved not responsible. The second lowest, Nationwide, has proved to be responsible and qualified for the award. The City Clerk was requested and read the motion back. The Clerk read back that the motion to award the was made by Mayor Pro Tempore Cartozian and seconded by Mayor Trejo recommended contractor Nationwide subject to a reduction in costs for trash disposal negotiated by staff to come back to Council. This motion was not voted upon, but amended as noted below. An amendment was moved by Council Member Perkins, seconded by Council Member send back to staff and give all bidders an McCarthy, and carried by the following vote to: opportunity to remove the hauling disposal costs out of this contract. Mr. Vose clarified that the question before the City Council is to make the amendment to the main motion. AYES: 4 Council Members: Cartozian, McCarthy, Perkins, Trejo NOES : 1 Council Members: Bayer The amendment then became the main motion, and was carried by the following vote: AYES: 4 Council Members: Bayer, Cartozian, Perkins, Trejo NOES: 1 Council Members: McCarthy At the request of Council Member Perkins, Mr. Vose clarified that Council has voted to send this back to staff to give each of the street sweepers an opportunity to amend their contract by removing the trash disposal requirement and that this matter will be brought back to the City Council at a future meeting. recessedreconvened The meeting at 9:38 p.m. and at 9:50 p.m. with all Council Members present. ORAL COMMUNICATIONS Lennie Whittington, resident of Downey, due to Mayor Trejo and Mayor Pro Tempore Cartozian’s absence for a portion of a prior meeting, explained that he had requested that some Community Development Block Grantpreservation and clean up (CDBG) funds be put aside for work of homes. He complimented the timely graffiti clean up work that is being done in the City. Richard Pridham, resident of Downey, expressed that he was very happy to not see Downey’s graffiti program is name in the newspapers recently (in a negative way). He also mentioned that the Council Minutes 03/11/03 -7- going wellcomplained in our City. He that citizens can not hear in the Council Chambers, especially microphone at the Podium the and requested that someone look into this. questioned the prior action Nejteh Der Bedrossian, Nationwide Environmental Services, of the City Council on street sweeping. Mr. Alvarez responded that it will be an informal process, with letters going to the 3 bidders asking them to subtract out the disposal costs from their bid amounts. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: 5. REIMBURSABLE CONTRACT WITH GATEWAY CITIES COUNCIL OF GOVERNMENTS RE: THE INFRASTRUCTURE IMPROVMENTS PROGRAM GRANT FOR IMPROVING INFRASTRUCTURE AT THE FORMER NASA/BOEING SITE: Approve. It was moved by Mayor Pro Tempore Cartozian, seconded by Council Member Perkins, and approve unanimously carried to . OTHER BUSINESS - Council Members Comments MTA Call for Council Member McCarthy mentioned the earlier approval of Item # 11 Projects . In talking with our local MTA Board representative, currently these are not being funded but they will hold them and we should present them again. Council Member McCarthy referencing Downey’s membership in Gateway Cities Council of Governments (COG), explained that a recent court judgment against the Port of Los Angeles requires $10 Million will them to pay many millions of dollars to clean up the air and go through the Gateway retrofit diesel trucks Cities COG to augment an existing program to . Happy St. Patrick’s Day Council Member McCarthy wished everyone a . status of the study of awnings at car washes and the Council Member Perkins requested the moratorium on used car sales . Mr. Yoshiki responded that there are 2 moratoriums: one on used car sales and the other is on self storage. The Commission just considered self storage and in April the Planning Commission will address the used car sales. Council Member Bayer thanked Council Member McCarthy for being the master of Living Help Center Gala Event ceremonies for the . Citizens Police Academy Council Member Bayer announced she will be starting the tomorrow night. Opening DaysNorth West Downey Mayor Trejo announced the of the new seasons for Little League and Ponytail Softball . Council Minutes 03/11/03 -8- letter from the White House Mayor Trejo indicated he had received a which requested some homeland security feedback on and will be responding on behalf of the City. Christina Vogel, Mayor Trejo announced this will be the last City Council Meeting for Assistant to the City Managernew endeavor . He wished her the best of luck in her . OTHER BUSINESS - Staff Members Comments Mr. Caton echoed that Christina will be missed very much and he appreciates the time she has spent at City Hall. Mayor Pro Tempore Cartozian added his thanks, indicating that she was one of the most valuable people in our City and hopes that she will stay in contact. recessedreconvened The meeting at 9:50 p.m. and at 10:04 p.m. with all Council Members present. ADJOURNMENT: 10:05 p.m. adjournedin memory of Lee Phillips, father of Acting City Librarian Thad The meeting Phillips; Curtis Sheerman, grandson of Allen Layne, Principal of Downey High School, and to 6:30 p.m., March 25, 2003, in the Council Chamber of Downey City Hall. Kathleen L. Midstokke, City Clerk Rick Trejo, Mayor H:\CCLERK\MINUTES\City Council\03-11-03 Council Minutes 03/11/03 -9-