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Home My WebLink AboutMinutes - 10-22-02 - Regular Meeting01429: MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 22, 2002 The City Council/Community Development Commission of the City of Downey held an adjourned regular meeting at 6:32 p.m., October 22, 2002, in the Council Chamber of the Downey City Hall, Mayor/Chairman Meredith H. Perkins presiding. PRESENT :Council Members/Commissioners: Meredith H. Perkins Rick Trejo Kirk O. Cartozian Keith McCarthy Robert C. Winningham Mayor/Chairman Mayor Pro Tem/Vice-Chairman (arrived at 6:35 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 Ed Velasco, Manager of Housing APPROVAL OF CLOSED SESSION MINUTES – OCTOBER 8, 2002 It was moved by Council Member/Commissioner Winningham, seconded by Council Member/Commissioner Cartozian, and unanimously carried (4-0) to approve the Closed Session Minutes of October 8, 2002. CLOSED SESSION Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss matters under the authority of the following Sections of the Government Code: Council Member McCarthy arrived at the meeting at 6:35 p.m. A. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor negotiations with the Downey Firemen’s Association. B. SECTION 54956.9 - Subdivision (b) – Conference with legal counsel – anticipated litigation (exposure to litigation) (three potential cases). C. SECTION 54956.8 – Conference with real property negotiator Darrell George re property: 13032 Clark Avenue; negotiating party: Long Beach Affordable Housing Coalition; under negotiation: price and terms of payment. City Council/Community Dev. Comm. Minutes (adj .) 10/22/02 -1- 01429: i The meeting reconvened in open session at 7:37 p.m. with all Council Members/- Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:38 p.m. ORAL COMMUNICATIONS: None The meeting reconvened for Oral Communications at 8:46 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 9:30 p.m. The meeting reconvened at 10:21 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 10:22 p.m. Kathleen L. Midstokke, City Clerk/Secretary mm;rkins, Mi/ala== h:\cclerk\sconte\MINS-ADJ- 10-22-02 City Council/Community Dev. Comm. Minutes (adj .) 10/22/02 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 22, 2002 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Chief Finch introduced three newly promoted Police personnel: Sergeant Ralph Romero, Professional Standards Lieutenant Stephen Garza, and Watch Commander Carl Charles Public Hearing to consider the application by Mid-City Taxi to operate a taxicab service in the City Cont. to 7:30 p.m. 11/12/02 2 2 2 Removal of Items from Consent Calendar Council Minutes: Adj. & Reg. Mtgs. 10/8/02 Approved Cash Contract #S.S. 514/5 15 Traffic signal modifications at the intersection of Florence Av./Woodruff Av. & Florence Av./Brookshire Av.: Approve final cost & accept improvements & maint. responsibility Approved 2 2 Warrants Issued: #180312-180707; Wire Nos. 30000438-445, $2,918.137.71 Approved Renewal of agreement w/Stephen G. La Barge for Golf Professional-Manager Service at Rio Hondo Golf Club: Approve a five year agreement Approved 2 Firestone Bl. Traffic Signal Synchronization prog: Auth. the Mayor to execute an agreement w/Advantec Consulting Engineers, Inc.Approved 2 Community Development Block Grant Subrecipient Agreement w/Southern California Rehabilitation Services, Inc.: For independent living support services for disabled and elderly persons Approved 3 Community Development Block Grant Subrecipient Agreement w/the ARC of Southeast Los Angeles County: For independent living services available to persons with developmental and learning disabilities Approved 3 PAGE 1 OF 5 COUNCIL MINUTES, OCTOBER 22, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6609, approving the submittal of a hazard elimination safety project application for Federal fiscal year 2004/2005 Adopted 3 Res. #6611, opposing Proposition 51 – Transportation. Distribution of existing motor vehicle sales and use tax . Initiative statute Adopted 3 Ord. #1 135, amending the Downey Municipal Code, Article VI. Business Trades and Professions, Chapter 4. Permit Procedure, Part 2A. Hire Vehicles, Section 6533. Owner’s Permit Application, Section 6533.2. Investigation and Hearing by Council, and Section 6533.5. Same. Denial and Revocation, Suspension or Cancellation, related to applications to conduct taxicab services in the City Adopted 3 Ord. approving the form and authorizing the execution of a site lease and facility lease between the City of Downey and City of Downey Public Facilities Financing Corporation relating to Rio Hondo Golf Course Introduced 4 Res. #6612, providing for the conduct of a special runoff election for elective offices in the event of a tie vote at the General Municipal Election 1 1/5/02 Adopted 5 Council review of possible amendments and additions to the Downey Municipal Code pertaining to the sale and use of fireworks Ref. to staff 12 8 Possible financial participation – Independence Park snack shack Ref. to staff Soozie Villa re mini-mart at Mobil gas station on the southeast corner ofBrookshire Av. and Firestone Bl. not being wheelchair accessible Ref to staff 8 9 Speakers re the Police pursuit that resulted in the death of Gonzalo Martinez and related issues John Lacey commented on tougher consequences for committing graffiti; and on jay walking occurring between the Chamber of Commerce and Downey High School on Brookshire Av. PAGE 2 OF 5 COUNCIL MINUTES, OCTOBER 22, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Richard Pridham commented on Mr. Lacey comments, the Gonzalo Martinez issue, street lights not working, support of Police Dept., yard sale and building permits, gardeners blowing waste into the gutters and violations concerning putdd and fowl waste 9 Cash Contract #612 Downey Intermodal Transit Center: Approve final contract cost & accept the improvements & maintenance responsibility for transit center & related off-site improvements Approved 12 Res. #6610, opposing the water bond initiative, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) placed on the November 2002 General Election Adopted 13 13 Cn. Cartozian responded to Mr. Lacey’s comments re graffiti removal Cn. Canozian directed staff to look into a potential crosswalk on Brookshire Av. between the Chamber of Commerce and Downey High School 14 14 14 Cn. Cartozian mentioned he enjoyed attending the 5, 10, and 15-year employees ’ recognition luncheon last week Cn. Cartozian commented on the Downey High School football victory over Warren High School Cn. Cartozian requested staff bring back an Agenda report re the possible installation of a crosswalk at the City’s Historic Arch across from City Hall on Civic Center Dr.14 Mayor Pro Tem Trej o thanked the Mayor for allowing him to attend the graduation at Las Casitas, a drug abuse and substance dependency program 14 14 Mayor Pro Tem Trejo mentioned he enjoyed the Downey/ Warren football game PAGE 3 OF 5 COUNCIL MINUTES, OCTOBER 22, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Pro Tem Trejo invited the Council and staff to Gallatin Elementary School’s carnival this weekend 14 14 Cn. Winningham announced the grand opening of the new skate park at Independence Park on Saturday Cn. Wirmingham responded to Mr. Pridham’s remarks regarding streetlights, noting a survey was conducted by City staff and lights not in operation were reported to Southern California Edison 14 Cn. Winningham complimented the City Clerk’s office for research information that disputed a recent article stating the City ofBellflower had adopted the nation’s first Sister City 14 Cn. McCarthy referred to the Downey Razorback’s football game against the City of Pico Rivera that received national attention for the poor conduct and violence of the parents 15 Cn. McCarthy read a card from a resident who commended staff for work done to her home through the Senior Paint and Fix it program 15 Cn. McCarthy commended Code Enforcement for responding to a complaint he received regarding an apartment building 15 15 15 Mayor Perkins acknowledged candidates in the audience for Council District 4 Mayor Perkins recognized his son Jeff and guest Irene in the audience Mayor Perkins mentioned Independence Park Skate Park was one of the projects he had undertaken during his first term and noted it will open this Saturday 15 Mayor Perkins stated he was pleased the Council supported the snack shack project for the Downey Ponytail League at Independence Park 15 PAGE 4 OF 5 COUNCIL MINUTES, OCTOBER 22, 2002 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Perkins announced he has only two more meetings as Mayor and has enjoyed serving in this capacity 15 Mr. Caton mentioned the groundbreaking ceremony for the new development at the former Simpson Buick site 15 Adjourned in memory of Jose Ochoa, father of Downey Firefighter Raul Ochoa 15 15Meeting adjourned to 6:30 p.m., November 12, 2002 H:\cclerk\sconte\tabl-10-22-02 PAGE 5 OF 5 01429 'I MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 22, 2002 The City Council of the City of Downey held a regular meeting at 7:41 p.m., October 22, 2002, in the Council Chamber of the Downey City Hall, Mayor Meredith H. Perkins presiding. PRESENT :Council Members: Meredith H. Perkins Rick Trejo Kirk O. Cartozian Keith McCarthy Robert C. Winningham 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 James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev./City Planner Bonnie Kehoe, Manager, Recreation Division Ed Velasco, IV[anager of Housing Christina Vogel, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Chief Finch introduced three newly promoted Police personnel and reviewed their experience in law enforcement and with the Downey Police Department: Sergeant Ralph Romero, Professional Standards Lieutenant Stephen Garza, (newly created position), and Watch Commander Carl Charles. The officers introduced family members and friends present in the audience. HEARINGS Mayor Perkins opened the public hearing TO CONSIDER THE APPLICATION BY MID- CITY TAXI TO OPERATE A TAXICAB SERVICE IN THE CITY OF DOWNEY. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to receive and file Council Minutes 10/22/02 -1- 01423 Mayor Perkins advised staff has recommended this matter be continued to the Council Meeting of November 12, 2002, due to lack of final documentation. Mayor Perkins asked if anyone present, who could not attend the November 12 Council Meeting, wished to speak on this matter. There being no one to speak, it was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to continue the public hearing to 7:30 p.m., November 12, 2002, in the Council Chamber of Downey City Hall. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item 4, CASH CONTRACT NO. 612 – DOWNEY INTERMODAL TRANSIT CENTER (ACCOUNT NO. 55-1-7532 AND 55-1-6531), was removed at the request of Council Member Trejo. Agenda Item 12, OPPOSE THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50), was removed at the request of Council Member Cartozian. CONSENT CALENDAR It was moved by Council Member Cartozian, seconded by Council Member Trej o, 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, OCTOBER 8, 2002: Approve. CASH CONTRACT NO. S.S. 514/515 TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTIONS OF FLORENCE AVENUE/WOODRUFF AVENUE AND FLORENCE AVENUE£BROOKSHIRE AVENUE: Approve the final contract cost of $80,045.65 and accept the improvements and the maintenance responsibility for the traffic signal modifications: Approve. WARRANTS ISSUED: NO. 180312 – 180707; WIRE NUMBERS 30000438-445, $2,918,137.71: Approve. RENEWAL OF AGREEMENT WITH STEPHEN G. LA BARGE FOR GOLF PROFESSIONAL-MANAGER SERVICE AT RIO HONDO GOLF CLUB: Approve a five (5) year Agreement with Stephen G. LeBarge, P.G. A., to provide golf professional- manager services at Rio Hondo Golf Club: Approve. FIRESTONE BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (TSSP): Authorize the Mayor to execute a professional services agreement with Advantec Consulting Engineers, Inc. (ADVANTEC) in the amount of $151,175 for engineering design work on Firestone Boulevard: Approve. Council Minutes 10/22/02 , 014296 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH SOUTHERN CALIFORNIA REHABILITATION SERVICES, INC. (SCRS): Approve an Agreement with SCRS, which allocates $79,500 in CDBG funds for independent living support services for disabled and elderly persons: Approve. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT WITH THE ARC OF SOUTHEAST LOS ANGELES COUNTY: Approve an Agreement with the ARC of Southeast Los Angeles County providing $10,000 in (_'DBG funds for independent living services available to persons with developmental and learning disabilities: Approve. RESOLUTIONNO. 6609 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMITTAL OF A HAZARD ELIMINATION SAFETY (HES) PROJECT APPLICATION FOR FEDERAL FISCAL YEAR 2004/2005 RESOLUTION NO. 6611 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING PROPOSITION 51 – TRANSPORTATION. DISTRIBUTION OF EXISTING MOTOR VEHICLE SALES AND USE TAX. INITIATIVE STATUTE ORDINANCE NO. 1135 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING DOWNEY MUNICIPAL CODE, ARTICLE VI. BUSINESS, TRADES AND PROFESSIONS, CHAPTER 4. PERMIT PROCEDURE, PART 2A. HIRE VEHICLES, SECTION 6533. OWNER’S PERMIT APPLICATION, SECTION 6533.2. INVESTIGATION AND HEARING BY COUNCIL, AND SECTION 6533.5. SAME. DENIAL AND REVOCATION, SUSPENSION OR CANCELLATION ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A SITE LEASE AND FACILITY LEASE BETWEEN THE CITY OF DOWNEY AND THE CITY OF DOWNEY PUBLIC FACILITIES FINANCING CORPORATION RELATING TO RIO HONDO GOLF COURSE Council Minutes 10/22/02 -3- 01429 '; Mr. Powell explained the subject Ordinance approves the format of two special agreements related to the golf course financing program. He pointed out the current schedule calls for the Council to consider approval of the golf course financing documents at its November 12 meeting and noted staff is requesting approval of the first reading of the Ordinance tonight to enable the second reading to also take place at the November 12 Council meeting. He further explained the two agreements are: A site lease between the City of Downey and the Downey Civic Center Corporation, which he advised will be renamed the City Public Facilities Financing Corporation; and a facilities lease between these same two parties for the purpose of the City leasing the golf course to the Civic Center Corporation and the Civic Center Corporation leasing it back to the City. He explained the City’s payment to the Civic Center Corporation will go to the trustee, who will pay the bondholders in terms of principal and interest. He pointed out the Ordinance approves the format of these two agreements but does not approve dollar figures, which are to be determined when the bond financing program is priced during December. He also noted the Ordinance authorizes the City Manager to execute the agreements, which will be the final step in the process. He pointed out Special Counsel who drafted the bond financing documents will be present at the November 12 meeting to answer any questions. Council Member McCarthy referred to the renaming of the Civic Center Corporation to City Public Facilities Financing Corporation and inquired why it is not Downey Public Facilities Financing Corporation. He was informed the actual name is City of Downey Public Facilities Financing Corporation. The Ordinance was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy, and unanimously carried to waive further reading and introduce. RESOLUTIONS CONSIDERATION OF ADOPTION OF A RESOLUTION PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAI / MUNICIPAL ELECTION OF NOVEMBER 5, 2002 Ms. Midstokke explained this Resolution gives the Council the option, in the unlikely event of a tie vote between the two highest Council Candidates in District 4, to resolve the tie by a special runoff election. She advised the proposed Resolution must be adopted prior to election day or State Law will be utilized, which provides, after all administrative remedies such as a recount or an election contest in court have been exhausted, that the tie be determined by lot, comprising of such methods as flipping a coin or drawing straws. Council Member Winningham noted if the tie is not determined by lot, the City will be required to hold a Special Election at a potential cost of $90,000. Council Member Cartozian referred to correspondence received from a former Downey Mayor and inquired if Los Angeles County will cover the cost for a recount. Council Minutes 10/22/02 -4- . 0142. J ‘ Ms. Midstokke explained the procedures for recounts are set up in the Elections Code pursuant to State Law and noted certain circumstances allow the City Clerk to request a recount or a simple recount could be requested by any candidate or elector within five days after results are certified. Council Member Cartozian stated the determination by lot is utilized after all other options have been exhausted and noted the suggestion from a former Mayor was that the City cover the cost for a recount. Ms. Midstokke advised that is a separate issue. She referred to the State Elections Code, noting it is normal for the elector or candidate requesting the recount to put a deposit up every day they wish the recount to continue. She advised a refund will be issued nom the County, if results turn in favor of the candidate requesting the recount. Council Member McCarthy inquired why the Resolution is for only one election and is not a permanent change. He was informed it could be set up either way but it was felt that addressing it at each election allows the current Council to set the policy for that particular election. He also inquired if it would change the City Charter and was informed it would not, as the Charter directs tie votes be resolved by State Law and State Law affords the optional opportunity of adopting a Resolution for a special runoff election. RESOLUTION NO. 6612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAT, MUNICIPAL ELECTION OF NOVEMBER 5, 2002 The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Winningham and unanimously carried to waive further reading. Council Member Cartozian inquired if a receive and file action would constitute a continuance of the method the City already has in place and was advised it would remain State Law whereby a tie vote would be determined by lot. It was moved by Council Member McCarthy, seconded by Council Member Trejo and carried by the following vote to adopt. AYES NOES 3 2 Council Members: Trejo, McCarthy, Perkins Council Members: Cartozian, Winningham Prior to the vote, Council Member Cartozian noted he is not in support of the proposed Resolution. Council Member McCarthy noted the Resolution allows the City the opportunity to hold a runoff vote in the case of a tie instead of utilizing the decision by lot method and felt the only downside is the cost for this process. Council Minutes 10/22/02 -5- 014299 Council Member Winningham requested further clarification and inquired if adopting the Resolution would still allow the Council to conduct a separate vote as to whether or not to conduct a runoff election or would its adoption mandate a runoff election. Mr. Vose advised that adopting the Resolution sets forth a runoff election and does not allow a decision by the lot method. ADMINISTRATIVE REPORTS COUNCIL REVIEW OF POSSIBLE AMENDMENTS AND ADDITIONS TO THE DOWNEY MUNICIPAL CODE PERTAINING TO THE SALE AND USE OF FIREWORKS Chief Sauter explained the information provided is a cleanup item dating back to May 2002 involving the Fireworks Code. He noted the City Attorney will clarify the direction given by the Council and will bring it back for approval in the form of an Ordinance. He reviewed proposed changes as follows: Section 3333. Fireworks: Misuse. He stated the existing Code does not specifically address someone in possession of illegal or modified fireworks and the suggested change makes sure anyone found in possession can be cited and makes citing enforceable. Section 3338. Fireworks: Prerequisites to issuance of sales permits. He explained the suggested wording states when applications and financial statements are required and clarifies what financial paperwork is required. Section 3342. Fireworks: Number of Sales Permits. He noted Section (A) would remain, which states 5,950 is the number of residents per stand. He pointed out the existing Code states the stands in good standing are allowed to sell year after year and if openings are available, anyone else can apply and a lottery will be conducted from the new applicants. He mentioned the Council had discussed other options, such as an open lottery for all stand permits where no one is grandfathered in, which removes the good standing term to let those stands who have not broken the law to continue sales the next year, with those stands breaking the law to be prohibited nom selling for a year. Section 3334. Fireworks: Prohibitions on Discharge: Public Parks. He noted this section of the Code was previously changed and staff is suggesting that language be put back in that prohibits fireworks on all City property, due to safety and fire issues and also due to National Pollution Discharge Elimination System (’NPDES) requirements that were placed upon cities regarding storm water Iunoff. Mayor Perkins recessed this item temporarily to bring Agenda Item 18, POSSIBLE FINANCIAL PARTICIPATION – INDEPENDENCE PARK SNACK SHACK, fOIward at this time. (See Page 10 for continued discussion on fireworks.) Council Minutes 10/22/02 -6- 0143 U {I OTHER BUSINESS - Council Members POSSIBLE FINANCIAL PARTICIPATION – INDEPENDENCE PARK SNACK SHACK Council Member Wirmingham noted the Board of Directors and team members of Downey Girls Ponytail Athletic Association are present to report on the status of their snack shack. John Bujanowski (sp. ?), President of Downey Girls Ponytail Athletic Association, advised the league is co-sponsored by the City of Downey and is requesting the City’s assistance in the construction of a snack shack at Independence Park where they hold their games. Penny Whitney (sp. ?) noted this program reaches out to young girls in the community and has been co-sponsored by the City for 40 years. She stated the league is located at Independence Park and utilizes four fields that are maintained by the City. She noted this is the only sports organization in the City for girls only, with all-star teams that represent the City at local, district, State and national tournaments. She pointed out the Ponytail league has been raising funds for the past 15 years to construct a permanent snack shack building at Independence Park and feels the additional revenue it will generate will provide safer and better equipment, uniforms, and will keep registration costs as low as possible. Tammy Villareal (sp. ?) distributed a picture of the present snack shack and advised the Ponytail league has never had a permanent snack shack structure. She noted they have rented an 8 x 20 metal container to serve as their snack shack and have to move in and out of this container every day before games, advising it also serves as a storage area for equipment. She mentioned their menu is very limited, which limits revenue, as they cannot provide the variety of food items to encourage parents to purchase their food rather than running to fast food outlets in the area. Dorothy Pemberton, four-year member of the Downey Ponytail Board, advised plans were drawn up 16 years ago for a snack shack but were never fully developed into approved plans. She noted a local architect was contacted several years ago and new plans were drawn up, which were approved by the City in August 2000, with five contractors chosen to submit bids. It was found the cost was 100 percent higher than what was anticipated for the project, funds were not available, and the plan expired. She noted plans have now been resubmitted to the City and to the Health Department, have been approved, and two contractors were selected from the original list of five to submit bids. She advised these bids increased dramatically in the two-year period since they were first submitted and requested the City assist the Downey Ponytail league to complete its dream of a permanent snack shack facility. Mayor Perkins inquired about the ponytail league’s current building amd and was informed they currently have about two-thirds of the total construction cost. Ms. Pemberton, in response to questions from the Council, advised that every park in the (_'ity has a snack shack facility. She noted the Ponytail league’s rented building has no washing facilities and they have to use park bathrooms if something needs to be washed. She mentioned the league attends tournaments in other cities that have snack shacks that generate revenue for that league. She pointed out the Ponytail Board has allocated $85,000 for this project, noting the two recent bids were $ 110,000 and $120,000, which does not include the stove, vent, and fire suppression system. She Council Minutes 10/22/02 -7- 01430 t noted two bids were received a couple of years ago for appliances, at a cost of $20,000, and stated if the shell is built, they could run more fundraisers to furnish the facility minimally and add more appliances as funds are raised. She advised they are looking at offsite improvement costs of about $40.000 Richard B. PHdham, 10402 BoUman, suggested the Council look inward, as he felt this is a worthy cause. Council Member Winningham felt the City should assist a City co-sponsored sport and should have helped this organization many years ago. He commended the Ponytail Board for its diligence and suggested the Council approve participating up to $40,000. He directed staff to work with the Ponytail league on these improvements, as long as funds are available to complete the project and that it is built to City specifications. Council Member Trejo noted he has two girls participating in this program and knows the need for a snack shack at this park. He supported the City’s assistance in this effort. Council Member Cartozian referred to attending two opening day ceremonies with the Downey Ponytail league and felt this is something that would benefit the community. He commended the Ponytail league’s efforts in this project. Council Member McCarthy stated he is supportive of the project and noted this Saturday the City will be opening the new skatepark at Independence Park and will resurface the tennis courts. He felt the efforts of the participants in this league merit the City’s assistance. Mayor Perkins commended the girls and parents for taking the initiative to raise funds for this project. It was moved by Council Member Winningham, seconded by Council Member CaRozian, and unanimously carried to direct staff to bring back a report supporting the City’s assistance, up to $40,000, of the Downey Girls Ponytail league’s project to construct a snack shack at Independence Park. Council Member McCarthy clarified that this item will be brought back for official vote at the next Council Meeting. The meeting recessed at 8:40 p.m. and reconvened at 8:46 p.m. with all Council Members present. ORAL COMMUNICATIONS Soozie Villa, 11410 Brookshire Avenue, mentioned she has attended occasional Council Meetings for over 25 years. She referred to the Mobil Gas Station on the southeast corner of Brookshire Avenue and Firestone Boulevard, pointing out the mini-mart building on this site has a foundation where the curb is raised about 10 inches and does not allow someone in a wheelchair to enter without assistance. She felt it is her civil right to be treated like other people and requested the City talk to the owner regarding a ramp for wheelchair access. Council Minutes 10/22/02 -8- . 01430: Mayor Perkins clarified that Ms. Villa was requesting access to the market and bathroom at this location and requested the City Manager contact the Mobil Oil Company to see what can be done. He advised Ms. Villa that the City will be in contact with her. Council Member Winningham pointed out ADA requirements are typically mandated during remodeling projects and if this station has not been remodeled, the City may not have authority to request a ramp be installed. Mr. Vose advised he would review this issue and get back to the Council. The following people spoke regarding the Police pursuit that resulted in the death of Gonzalo Martinez and related issued: Glen Clavo, 12034 Newville Avenue Robert Douglas, 7802 Stewart and Gray Road Jasmine Gonzales Martha Michael Susan Quinteros, 11644 Brookshire Avenue Cheno Romero, Bell Gardens Jenay Grant Michael Lakey, 11706 Coldbrook Avenue John Bujanowski, 7529 Second Street John Lacey, 8419 Dacosta Street, commented on graffiti and jay walking, stating the City has done an excellent job on graffiti removal but recommended it be more pro-active in establishing tougher consequences for individuals caught while committing graffiti. He also referred to swap meets held in the Downey High School parking lot, noting attendees park in the Library’s parking lot and jaywalk across Brookshire Avenue, which creates a safety issue for young children whose parents are carrying items and cannot hold their hands. He suggested the City review this situation to prevent an accident from happening. Richard B. Pridham, 10402 Bellman Avenue, concurred with Mr. Lacey’s comments regarding graffiti and jaywalking; referred to the Gonzalo Martinez issue; referred to the number of street lights not working between Brookshire Avenue and All American Home Center and felt there should be a system in place to monitor this situation; mentioned his support of the Downey Police Department; noted many residents conducting yard sales are not obtaining permits and felt staff is not enforcing this requirement; referred to 11 building permits violations he reported and felt staff is not enforcing this law; mentioned the ongoing situation of gardeners blowing waste into gutters; and inquired how the City follows up on waste discharge ofputrid and foul matter, referring to an issue he reported concerning a restaurant where he documented the situation with pictures and contacted the State Water Quality Control Board but the situation has resurfaced. He felt the City should do a better job of enforcing the laws it passes. Council Minutes 10/22/02 -9- 014303 ADMINISTRATIVE REPORTS (Cont.) COUNCIL REVIEW OF POSSIBLE AMENDMENTS AND ADDITIONS TO THE DOWNEY MUNICIPAL CODE PERTAINING TO THE SALE AND USE OF FIREWORKS (Continued) The Council offered the following discussion to give direction to the City Attorney to bring back an amendment to the Fireworks Ordinance. Section 3333. Fireworks: Misuse. All Council Members were in agreement with this section as written and felt it was more specific with the word “possession.“ Section 3338. Fireworks: Prerequisites to Issuance of Sales Permits. Council Member Cartozian was happy with the wording in (D) and (E) and suggested the words “each year,” be added to each paragraph. Council Member Trejo noted he was in support of (D) and (E). Council Member McCarthy referred to (E) regarding the financial form furnished by the Director of Finance to organizations operating fireworks stands and inquired what is meant by “verified.” Mr. Vose noted the point of “verified” is to have someone from the organization verify that the financial form represents a statement of the organization to be true. Council Member WinningIlam suggested the wording “a financial statement signed by the treasurer of the not-for-profit organization,” be added to (E) and requested that a copy of the State Board of Equalization sales tax return related to the sale of the fireworks also be included. Council Member McCarthy agreed with striking the term “verified” and using the wording suggested by Council Member Winningham. Section 3334. Fireworks: Prohibitions on Discharge: Public Parks. Council Members Winningham, Cartozian, Trejo and Perkins supported this section, with Council Member Winningham suggesting it include the public right-of-way to protect the City from violations of National Pollution Discharge Elimination System (NPDES) regulations imposed on cities regarding storm water runoff Council Member McCarthy did not support Section 3334 and suggested it be deleted. Mr. Caton referred to organizations in the City that do a lot for the community and inquired what would happen if one of these groups wanted to put on a fireworks show. He suggested changing the wording to state that no person shall discharge fireworks on any City property without the permission of the Fire Chief. Chuck Anna, 8237 Birchcrest Road, requested clarification that the addition of “public right- of-way” would mean residents could not shoot fireworks off on City streets and was informed that was correct. He stated he felt this requirement would be unenforceable. Council Minutes 10/22/02 -10- 0143UJ, Council Member Cartozian stated he supported the wording submitted in the Fire Chiefs report but not the inclusion of “public right-of-way,“ as he too felt it would be unenforceable. Mr. Vose suggested he reconsider the inclusion of the public right-of-way in respect to NPDES requirements imposed on the City and Council Member Cartozian stated he would reconsider but felt further review was needed. He reiterated he does support this section, as it was presented by the Fire Chief Council Members Perkins and Trejo advised they support Section 3334, as amended. Mr. Vose noted the consensus of the Council is that no person shall discharge fireworks on any City property “without a permit from the City or without consent from the Fire Chief,“ including the public right-of-way. Section 3338.1. Fireworks: Issuance of Sales Permits. Council Member McCarthy stated he preferred (A) and the first paragraph of (B). He felt if there are not enough applicants in (C), there is no need to put out an additional call. In (D), he suggested if not enough applicants, that prior applicants who were in violation for late paperwork could move to the end of the line. Council Member Trejo noted his preference was (A) and the first paragraph of (B), as it gives the groups without violations preference. Council Member Winningham noted his preference is the second paragraph of (B), as it provides for a lottery. He felt the groups currently selling fireworks are too dependent on those funds and noted there are over 100 organizations who could utilize funds from fireworks sales. He stated a lottery would share the wealth among all the organizations and make them less dependent on fireworks sales. He suggested deleting Paragraph (C), noting if there are not enough people interested in the lottery drawing, there should only be as many stands as there are applicants, with the ratio of residents per stand changing. He felt (D) was okay as is. Council Member Cartozian felt the lottery system is a good way to wean the non-profit groups from depending on fundraising from fireworks and supported the second paragraph in (B). He requested further clarification of Council Member Winningham’s comment regarding the number of residents covered per stand. Council Member Winningham explained the current ratio is 5,950 residents per stand, which allows18 stands. He pointed out some stands made less than $3,000 and suggested the resident ratio per stand be raised to 7,500 or 7,900 residents per stand, which would limit the stands to 12 or 14 and would allow each group to make more profit. Mayor Perkins stated he is in favor of the second paragraph in (B) and also in favor of (D). Mr. Vose stated he has clarification on (B) but needs further clarification on (D). Council Member McCarthy requested both options on (B) be brought back for consideration and Mr. Vose advised this would require two Ordinances. Council Minutes 10/22/02 -11- 014301) Council Member Winningham inquired if there was a consensus on raising the ratio of residents per stand to which Mayor Perkins responded he supported (A), Mr. Caton suggested the Council simply state the number of fireworks stands they wish to allow, and Mr. Vose recommended the Council set an initial amount, which can be changed later. After further discussion, the consensus of the Council was to leave it at 18 stands at this time. Mr. Vose summarized Paragraph (A) is 18 stands; Paragraph (B) is the lottery; Paragraph (C) will be deleted; and Paragraph (D) is okay as is, stating sufficient direction has been provided to bring back an Ordinance. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. 612 DOWNEY INTERMODAL TRANSIT CENTER (ACCOUNT NO. 55-1-7532 AND 55-1-6531) Council Member Trejo referred to Page 2, Downey Avenue Median Changes, requesting staff elaborate on the substantial changes made in the landscape design. Mr. Alvarez explained the tip of the median was extended, which included additional irrigation, landscaping and trees. Council Member Trejo also referred to Parking lot revisions north of Nance Street noted on Page 2, advising that one third of the parking lot was done at no cost to the businesses along Firestone Boulevard and provided them with additional parking. Mr. Alvarez concurred that the businesses in this area did benefit from the project. Council Member Winningham pointed out the project was brought in at 8400,000 under cost and inquired what the remaining funds will be used for. Mr. Alvarez noted the funds will be directed for redevelopment and transportation issues and a portion will be directed to the General Fund. It was moved by Council Member Trejo, seconded by Council Member Cartozian, and unanimously carried to approve the final contract cost of $2,017,781.91 and accept the improvements and the maintenance responsibility for the Downey Intermodal Transit Center and related off-site improvements constructed under Cash Contract No. 612. Council Minutes 10/22/02 - 12- . 01431 It; OPPOSE THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) Mr. Alvarez advised this Resolution opposes Proposition 50, the Water Bond, which contains many projects that will not benefit the water industry. He pointed out most of the money will go toward the purchase of land and will not increase the water supply or do much to improve water quality. He referred to the article from the Los Angeles Times included in the staff report that mentions quite a few of the parcels and developers who will benefit. Council Member Cartozian inquired if Mr. Alvarez felt the environmental community was supportive of the large landowners and was informed the environmental community is supportive of acquiring significant pieces of property from these developers. Council Member Cartozian inquired if the Fire Chief had a comment, as many fire and emergency preparedness groups have endorsed this proposition. The Chief stated he had no comment. Council Member Cartozian stated he would not support or oppose this Proposition. RESOLUTION NO. 6610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE WATER BOND INITIATIVE – THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) PLACED ON THE NOVEMBER 2002 GENERAI/ ELECTION The Resolution was read by title only. It was moved by Council Member Winningham, seconded by Council Member McCarthy and unanimously carried to waive further reading. It was moved by Council Member Winningham, seconded by Council Member McCarthy and carried by the following vote to adopt. AYES NOES 4 1 Council Members: Trejo, Winningham, McCarthy, Perkins Council Members: Cartozian OTHER BUSINESS - Council Members (Cont.) Council Member Cartozian referred to Mr. Lacey’s comments regarding the City’s pro-active approach to graffiti removal and commended staff for doing a great job. He noted the City has a graffiti hotline and graffiti mitigation groups within the Police Department who report to the Police Chief and the Gangs Out Of Downey (GOOD) Committee and meets monthly at the Downey Unified School District. He felt the City was pro-active and encouraged Mr. Lacey to speak with members of the Public Works Department. Council Minutes 10/22/02 -13- O 1 4 3 i ) ? Council Member Cartozian gave direction to staff to look into a potential crosswalk on Brookshire Avenue between the Downey Chamber of Commerce and Downey High School, noting swap meet patrons and Downey Civic Theatre patrons would benefit from a crosswalk in this area Council Member Cartozian mentioned he enjoyed attending the 5, 10, and 15-year employees’ recognition luncheon last week and hoped the employees recognized will remain with the City for many years to come. Council Member Cartozian commented on the Downey High School football victory over Warren High School last week where the final score was 20 to 17. He commended Grant Warhurst, Head Coach, and Matt Bean, Assistant Coach. and all the players for the victory and pointed out Warren High won seven out of the last 10 games with Downey High. Council Member Cartozian requested staff bring back an Agenda report at the next Council meeting related to the possible installation of a crosswalk at the Historic Arch across from City Hall on Civic Center Drive. Mayor Pro Tem Trejo thanked the Mayor for allowing him to attend the graduation at Las Casitas, a drug abuse and substance dependency program, where 12 women graduated. He stated it was touching to see these women reunited with their children. Mayor Pro Tem Trej o mentioned he enjoyed the Downey/Warren football game. Mayor Pro Tem Trejo invited the Council and staff to Gallatin Elementary School’s carnival this weekend. Council Member Winningham announced the grand opening of the new Skate Park at Independence Park on Saturday. Council Member Winningham responded to Mr. Pridham’s earlier remarks regarding streetlights, noting a survey was conducted by Public Works’ staff to inventory all lighting in the City and Southern California Edison was contacted. He suggested another sweep and possibly quarterly sweeps until Edison realizes this is their job and not the City’s. Mr. Alvarez responded that as long as the City continues to perform this work he feels Edison will not. He advised it took Edison two months to fix the lights and the process required the reallocation of two staff members to drive around town from midnight to six in the morning, which took them away from their normal duties. Council Member Winningham referred to a recent newspaper article that stated the City of Bellflower began its Sister Cities Program in 1956 and was the longest Sister Cities Program in the nation. He complimented the Downey City Clerk’s office for researching this information, the result of which showed Downey began its Sister Cities Program with Guadalajara, Mexico, three months prior to the City ofBe11flower’s program. The City ofBellflower actually began its program in December of 1960 while the City of Downey began its program in September of 1 960. Council Minutes 10/22/02 -14- 0143 iII Council Member McCarthy referred to the Downey Razorback’s football game against the City of Pico Rivera that received national attention for the poor conduct of the parents. He noted he appreciated that the Mayor of Pico Rivera has had Sheriffs Deputies attend games since that time and Downey has had Police Officers at its games. He noted it was found there was alcohol consumption by parents of the Pico Rivera team. Council Member McCarthy read a card from a resident who commended staff for the work done to her home through the Senior Paint and Fix it program. Council Member McCarthy commended Code Enforcement for responding to a complaint he had received regarding an apartment building. He felt it would be nice to have a tool to motivate owners of multi-unit properties to maintain their premises on a daily basis and suggested a greater fine structure or tougher laws be established. Mayor Perkins acknowledged candidates in the audience for Council District 4: Anne Marie Bayer and Craig Schwerdt. Mayor Perkins also recognized his son Jeff and guest Irene. Mayor Perkins mentioned one of the projects he had undertaken during his first term, the Independence Park Skatepark, will open this coming Saturday and noted he will be in attendance at the event. Mayor Perkins stated he was pleased the Council supported the snack shack project for the Downey Ponytail League at Independence Park. Mayor Perkins announced he has only two more meetings as Mayor and has enjoyed serving in this capacity and also looks forward to the next four years on the Council. OTHER BUSINESS - Staff Members Mr. Caton mentioned the groundbreaking ceremony for the new development at the former Simpson Buick site that has been vacant for several years. ADJOURNMENT: 10:22 p.m. The meeting adjourned in memory of Jose Ochoa, father of Downey Firefighter Raul Ochoa, to 6:30 p.m., November 12, 2002, in the Council Chamber of Downey City Hall. Kathleen L. MidstoFKe, City Clerk Meredith H. Perkins, Mayor H:\CCLERK\SCONTE\MINUTES\MINS-CC- 1 0-22-02 Council Minutes 10/22/02