HomeMy WebLinkAboutMinutes - 11-12-02 - Regular Meeting01430’J
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 12, 2002
The City Council/Community Development Commission of the City of Downey held an
adjourned regular meeting at 6:35 p.m., November 12, 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
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 & Ecohomic Development/
Assistant Executive Director
Steven Yee, Economic Development Coordinator
Vanessa Rojas, Special Projects Coordinator
APPROVAL OF CLOSED SESSION MINUTES – OCTOBER 22. 2002
It was moved by Council Member/Commissioner Winningham, seconded by Council
Member/Commissioner Cartozian, and unanimously carried to approve the Closed Session Minutes
of October 22, 2002.
CLOSED SESSION
Mayor/Chairman Perkins announced the Council/Commission is recessing to Closed Session
(6:36 p.m.) to discuss matters under the authority of the following Sections of the Government Code:
A. SECTION 54956.8 – Conference with real property negotiator Darrell George re property:
9655 East Firestone Boulevard; negotiating party: Downey Dodge; under negotiation:
price and terms of payment.
B. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor
negotiations with the Downey Firemen’s Association.
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 12, 2002
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of Fire Safety Poster contest winners
Consider application by Mid-City Taxi for a permit to conduct
a taxicab service in the City of Downey Denied 2
2
3
Removal of Items from Consent Calendar
Council Minutes: Adj. & Reg. Mtgs. 11/12/02 Approved
Cash Contract No. S.S. 503/525/534/535 Pavement Rehab
Project:
1. Res. 6613, approv. Program Supplement Nos. 011-MI,
012-MI, 014-MI and 015-MI to City/State Master Ag.
No. 07-5334 for the pavement rehab. program
2. Award contract to All American Asphalt
Adopted
Approved
3
3
3
Cash Contract #622A, Rio Hondo Golf Club driving range
fence replacement: Award contract to Manhire Construction Approved
Cash Contract No. S.S. 510/526/527 Citywide Street
Resurfacing: Accept the improvements & maint.
responsibility Approved 3
4
4
4
Warrants Issued: No. 180708-181319; Wire Nos. 30000446-
462, $4,250,914.11 Approved
Appointment to Independent Cities Association: Appointment
of Council Member Kirk Cartozian as Downey’s voting delegate Approved
Appropriation of Supplemental Literacy Grant Funds Approved
Library Services and Technology Grant entitled Public Library
Staff Education Program: Accept and approp. funds from the
grant Approved 4
4
Award contract to Onyx Architects for Historic American
Eng. Record documentation of the Downey NASA site Approved
PAGE 1 OF 5
COUNCIL MINUTES, NOVEMBER 12, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Community Development Block Grant Subrecipient
Agreement w/Southeast Los Angeles County Workforce
Investment Board: Allocate funds for the Community
Youth Corps Program Approved 4
Community Development Block Grant Cooperative
Agreement w/The Salvation Army – Southeast Communities
Corp: Allocate funds for emergency service programs for
the homeless and at-risk families Approved 4
Imperial Hwy./Bellflower Bl. intersection turnouts proj . :
Auth. the Mayor to execute a Professional Services Ag.
w/Lim & Nascimento Eng. Corp. for the design of turnouts;
and approp. Gas Tax Funds Approved 4
Amicus Brief in the matter ofBarden vs. City of Sacramento:
Auth. the City Attorney to join in an Amicus Brief in support
of the City of Sacramento Approved 4
Zone Change #02-67 for properties at 7930 & 7936 Stewart
& Gray Rd.
Set hI:g. 7:30 p.m.
11/26/02 4
Zone Change #02-76 for property at 13541 Lakewood Bl.Set hrg. 7:30 p.m.
11/26/02 5
Ord. #1136, approv. the form & auth. the execution of a
site lease & facility lease between the City & City of Downey
Public Facilities Financing Corp. related to Rio Hondo Golf
Course Adopted 5
Ord. amend. portions ofChapt. 3 of Article 3 of the Downey
Municipal Code pertaining to the regulation of fireworks Introduced 8
Speakers re the Police pursuit that resulted in the death of
Gonzalo Martinez and related issues 8
George Johnson complained about the streetscape proj .
on Paramount Bl. from Imperial Hwy. to Gardendale St. &
between Paramount Bl. and Downey Ave.8
PAGE 2 OF 5
COUNCIL MINUTES, NOVEMBER 12, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Robert Buckles complained about the streetscape proj . on
Paramount Bl.8
Diane Boggs req. the Council do everything in its power
to keep Rancho Los Amigos Hospital open 9
Speakers re property maintenance and Downey Municipal
Code violation issues at Nick’s New & Used business on
Imperial Hwy.9
Res. 6615, auth. delivery and sale of certificates of
participation to finance Golf Course improvements &
approv. related documents and actions Adopted 10
12
Adoption of policy for invocations Cont. to 7:30 p.m.
1/14/03
Res. #6614, estab. an all-way stop at the intersection of
Chaney Ave. & Gotham St.Adopted 13
Res. #6616, proclaiming Ensenada, Baja California, Mexico,
as a Sister City to the City of Downey Adopted 13
15
Historic Arch on Civic Center Dr. pedestrian crosswalk:Cont. to 7:30 p.m.
12/10/02
Cash Contract #S.S. 529 – Paramount Gateway Streetscape:
Auth. contractor to proceed w/fabrication & installation of
monument sign for project Approved
Approved
16
17Employment Agreement w/James Jarrett
Community Development Block Grant Subrecipient Ag.
w/Children’s Dental Health Clinic: Approve nmds for a
prog. providing dental care to children from low-income
families Approved 18
18
On-call traffic engineering & signal system design services Cont. to 7:30 p.m.
11/26/02
PAGE 3 OF 5
COUNCIL MINUTES, NOVEMBER 12, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Street sweeping services request for proposals: Auth. City
Manager to issue a request for proposals; and bring back
to next Council Meeting a proposed extension of the current
contract for five years, w/a 30-day termination provision, &
consult the AQMD on the format of the extension Approved 21
Possible closure of Rancho Los Amigos Hospital: Formation
of Council Subcommitee: Appoint. Council Members Trejo
and Cartozian to Subcommittee and request staff contact
County Supv. & Rancho representatives to participate Approved 22
22
22
22
22
Cn. McCarthy re Memorial Day Service at the Downey
Women’s Club
Cn. McCarthy re letter received commending Corporal
Kevin McCaster & Officer John Yepes
Cn. McCarthy re recent death of Clark Beardslee & req.
next Council Meeting be adjourned in his memory
Cn. Winningham re letter received commending Exec.
Secretary Kim Rapp for assistance to City resident
Cn. Winningham commented on new skate park &
commended staff 22
22
22
Cn. Winningham congratulated newly elected Council
Member Anne Bayer for District 4
Cn. Trejo thanked Mr. Velasco for giving him a tour
of the Barbara Riley Community/Senior Center
Cn. Trejo directed the Police & Fire Chiefs to work w/the
Downey Regional Medical Center on their upcoming
emergency/disaster drill 23
23
23
Cn. Trejo congratulated Downey High School for clinching
League title in football for 2nd time in 3 years
Cn. Cartozian congratulated Ms. Bayer on her election
to the Council
PAGE 4 OF 5
COUNCIL MINUTES, NOVEMBER 12, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Cartozian re attending a neighborhood preservation
meeting hosted by Mark Galvan 23
Cn. Cartozian announced Downey High School will play
Lynwood High on Friday for possession of League title
in football 23
23Mayor Perkins welcomed Anne Bayer to the Council
Mayor Perkins referred to Agenda Item 5, Rio Hondo
Country Club Driving Range Fence & suggested surplus
soil be saved for build-up of new clubhouse 23
Adjourned in memory of Ignacio Campos, father of Police
Captain Roy Campos 23
23Meeting adjourned to 6:30 p.m., November 26, 2002
H:\cclerk\sconte\tabl- 1 1-12-02
PAGE 5 OF 5
014311 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 12, 2002
The City Council of the City of Downey held a regular meeting at 7:35 p.m., November 12,
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
Vicki Jenkins, City Librarian
Bonnie Kehoe, Manager, Recreation Division
Vanessa Rojas, Special Projects Coordinator
Ed Velasco, Manager of Housing
Steven Yee, Economic Development Coordinator
Shirley Conte, Executive Secretary
PRESENTATIONS
Presentation by Mayor Perkins to Fire Safety Poster contest winners. He advised the theme
of this year’s Fire Safety Poster Contest was “Team Up for Fire Safety“ and 770 entries were
received. He introduced contest judges who were members of the Association of Future Firefighters
of Rio Hondo College.
Chief Sauter acknowledged Brenda Emdck, the Fire Department’s Public Education
Specialist, and thanked her for coordinating the event. He noted some of the winning posters will be
displayed in the display case at the City Library during Fire Prevention Week next year and also in the
display case at City Hall. He then introduced contest winners, who were Kindergarten through Fifth
Grade students from 10 Downey schools.
Mayor Perkins acknowledged former Mayor/Council Member Diane Boggs in the audience.
Council Minutes 11/12/02 -1-
01431 1)
hI
Mayor Perkins acknowledged newly elected Council District 4 Council Member Anne Marie
Bayer and District 4 candidates Craig Schwerdt and Maria Larkin.
HEARINGS
Mayor Perkins opened the public hearing to CONSIDER THE APPLICATION BY MID-
CITY TAXI FOR A PERMIT TO CONDUCT TAXICAB SERVICE IN THE CITY OF
DOWNEY, which was continued from the Council Meeting of October 22, 2002.
There was no correspondence received regarding this matter.
Chief Finch advised staff is recommending denial of this application. He explained the
Downey Municipal Code requires certain documents be submitted for taxi permit applications, which
include a certificate of insurance, and advised the certificate of insurance submitted with this
application was found to be fictitious, which resulted in the recommendation to deny a permit.
Mayor Perkins asked if a representative of Mid-City Taxi wished to come forward and address
the Council and no one came forward.
Mayor Perkins asked if anyone wished to speak in favor of or in opposition to the proposed
application.
There being no one to speak, it was moved by Council Member Wirmingham, seconded by
Council Member Cartozian, and unanimously carried to close the public hearing.
Council Member Cartozian pointed out this application initially came through during the
summer and more than one problematic matter was found with it. He stated he supported staffs
recommendation to deny.
Council Member Trej o commended the Police Department for their investigation of this
paperwork and for bringing it to the Council’s attention.
Council Member Winningham inquired if there was a penalty for falsifying a certificate of
insurance and was advised at this point it is only considered a denial of the permit.
It was moved by Council Member Winningham, seconded by Council Member Cartozian, and
unanimously carried to deny the application by Mid-City Taxi to operate a taxicab service in the
City of Downey.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item 23, ALL-WAY “STOP” SIGN INSTALLATION AT THE INTER-
SECTION OF GOTHAM STREET AND CHANEY AVENUE, was removed at the request of
Council Member Cartozian.
Agenda Items 7, CASH CONTRACT NO. S.S. 529 PARAMOUNT GATEWAY
STREETSCAPE (ACCOUNT NO. 26-16529), and 22, STREET SWEEPING SERVICES
REQUEST FOR PROPOSALS, were removed at the request of Council Member McCarthy.
Council Minutes 11/12/02 -2-
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Agenda Item 14, COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENT WITH THE CHILDREN’S DENTAL HEALTH CLINIC, was removed at the
request of Council Member Trejo.
Agenda Item 17, ON-CALL TRAFFIC ENGINEERING AND SIGNAL SYSTEM
DESIGN SERVICES, was removed at the request of Mayor Perkins.
Agenda Item 10, EMPLOYMENT AGREEMENT WITH MR. JAMES JARRETT, was
removed at the request of Richard B. Pridham.
CONSENT CALENDAR
It was moved by Council Member Cartozian, seconded by Council Member Trejo, and
unanimously carried to waive further reading of the Resolution and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, OCTOBER 22,
2002: Approve.
CASH CONTRACT NO. S.S. 503/525/534/535 PAVEMENT REHABILITATION
PROJECT (ACCOUNT NOS. 26-16503, 26-16525, 26-16534 AND 26-16535):
1.Adopt: RESOLUTION NO. 6613 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NOS. 011-
Ml, 012-MI, 014-MI AND 015-MI TO CITY OF DOWNEY/STATE MASTER
AGREEMENT NO. 07-5334, FOR THE PAVEMENT REHABILITATION
PROGRAM.
2. Award: Construction contract totaling $1,199,184.57 to All American Asphalt for Cash
Contract No. S.S. 503/525/534/535 for the rehabilitation and resurfacing of:
a. Florence Avenue from west city limits to Tweedy Lane
b. Paramount Boulevard aDm Telegraph Road to 1-5 Freeway
c. Stewart and Gray Road from Old River School Road to Paramount Boulevard
d. Paramount Boulevard from Firestone Boulevard to 7th Street
CASH CONTRACT NO. 622A RIO HONDO GOLF CLUB DRIVING RANGE FENCE
REPLACEMENT (ACCOUNT NO. 52-17301): Award Cash Contract No. 622A, in the
amount of $387,637 to Manhire Construction, Inc. for the Rio Hondo Golf Club Driving
Range Fence Replacement: Approve.
CASH CONTRACT NO. S.S. 510/526/527 CITYWIDE STREET RESURFACING:
Accept the improvements constructed and the maintenance responsibility for the work
completed on citywide street resurfacing under Cash Contract No. S.S. 510/526/527:
Approve.
Council Minutes 11/12/02 -3-
01431
WARRANTS ISSUED: NO. 180708-181319; WIRE NUMBERS 30000446-462,
$4,250,914.11: Approve.
APPOINTMENT TO INDEPENDENT CITIES ASSOCIATION: Appointment of
Council Member Kirk O. Cartozian as Downey’s voting delegate to the membership of the
Independent Cities Association: Approve.
APPROPRIATION OF SUPPLEMENTAL LITERACY GRANT FUNDS: Appropriate
$2,746 of additional Literacy Grant Funds: Approve.
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT ENTITLED
PUBLIC LIBRARY STAFF EDUCATION PROGRAM: Accept and appropriate $4,257
from the federal LSTA grant entitled Public Library Staff Education Program: Approve.
AWARD CONTRACT TO ONYX ARCHITECTS FOR HISTORIC AMERICAN
ENGINEERING RECORD (HAER) DOCUMENTATION OF THE DOWNEY NASA
SITE: Execute an agreement in the amount of $43,780 with Onyx Architects for HAER
Documentation of Buildings 120, 123, 125, 126, 127, 128, 130 and 288 of Downey NASA
site per proposal: Approve.
COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATIVE AGREEMENT
WITH THE SOUTHEAST LOS ANGELES COUNTY WORKFORCE INVESTMENT
BOARD: Approve the Cooperative Agreement which allocates $5,500 in Community
Development Block Grant funds for the Community Youth Corps Program: Approve.
COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT
WITH THE SALVATION ARMY – SOUTHEAST COMMUNITIES CORP.: Approve
the Subrecipient Agreement which allocates $2,500 in Community Development Block Grant
funds for emergency service programs for the homeless and at-risk families: Approve.
IMPERIAL HIGHWAY/BELLFLOWER BOULEVARD INTERSECTION
TURNOUTS PROJECT: Authorize the Mayor to execute a Professional Services
Agreement with Lim and Nascimento Engineering Corporation for the design of the turnouts
at the intersection of Imperial Highway and Bellflower Boulevard for a fee not to exceed
$31,452; and appropriate $31,452 from the Gas Tax Fund: Approve.
AMICUS BRIEF IN THE MATTER OF BARDEN VS. CITY OF SACRAMENTO:
Authorize the City Attorney to join in an Amicus Brief in support of the City of Sacramento in
the matter ofBarden vs. City of Sacramento, United States Ninth Circuit Court of Appeals
Docket Number 01-15744: Approve.
PUBLIC HEARING FOR ZONE CHANGE NO. 02-67 FOR PROPERTIES LOCATED
AT 7930 AND 7936 STEWART AND GRAY ROAD (APPLICANT/PROPERTY
OWNERS: GUILLERMO AND MARTHA CASTILLO; REPRESENTATIVE:
OLSON AND DE TILLA ASSOCIATES): Set the public hearing for Zone Change No. 02-
67 for 7:30 p.m., November 26, 2002, in the Council Chamber of Downey City Hall:
Approve.
Council Minutes 11/12/02 -4-
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PUBLIC HEARING FOR ZONE CHANGE NO. 02-76 FOR PROPERTY LOCATED
AT 13541 LAKEWOOD BOULEVARD (APPLICANT/PROPERTY OWNER CAL
ASIA PROPERTY DEV. CO., SAMUEL BACHNER, PRESIDENT;
REPRESENTATIVE: TIM SAIVAR, TW LAYMAN ASSOCIATES): Set the public
hearing for Zone Change No. 02-76 for 7:30 p.m., November 26, 2002, in the Council
Chamber of Downey City Hall: Approve.
ORDINANCE NO. 1136 (ADOPT)
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
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AMENDING PORTIONS OF CHAPTER 3 OF ARTICLE 3
OF THE DOWNEY MUNICIPAL CODE PERTAINING TO THE
REGULATION OF FIREWORKS
Chief Sauter explained that he and the City Attorney have been working together to
draft an Ordinance based on the direction given by the Council at its meeting on October
22, 2002. He highlighted and reviewed the six proposed changes to the Downey Municipal
Code listed in the staff report and responded to comments from the Council.
Council Member Cartozian referred to change No. 2, prohibiting the discharge of
fireworks in public parks and in the public right-of-way, and inquired how this would be
enforced. He was advised the change makes this section more specific and gives more
direction that will direct enforcement to include streets, gutters, etc. He asked Mr. Alvarez
to clarify the concern for public streets and staff referred to the storm water regulations
being imposed on cities and the need to keep litter and other contaminants out of the public
right-of-way. Mr. Vose also advised it is a safety issue to shoot fireworks off in the street.
Council Member Trejo inquired about citations and tools for public education and
was informed the key element will be public education to advise citizens of the guidelines
and laws. It was noted this will consist of contact with schools, newspapers, City
publications, etc.
Council Member Winningham asked Mr. Michicoff about Section 3338 (E), the
financial statement, noting the most recent sales tax return report filed with the State Board
of Equalization is referenced. He inquired if this is too vague, stating some not-for-profits
also utilize a resale license and may be tax exempt. He asked if the City is specifically
requesting the return for the firework sales.
Council Minutes 11/12/02 -5-
01431 !]
Mr. Michicoff felt the vague aspect is the comment “most recent,“ as there may be a
timing conflict between when the last statement was filed with the State Board of
Equalization and when the subsequent application for the permit will be applied for. If the
non-profit does have other activities for which a sales tax is collected then there would be a
blending of the revenues generated. If fireworks are the sole source of revenue, it would be
reflective of just the sales for fireworks.
Council Member Winningham advised about 100 percent of the organizations
currently utilizing fireworks as a fundraiser have to take a special permit out with the State
Board of Equalization because they do not have a resale number.
Mr. Vose pointed out these statements are to be made on forms prepared by the
Director of Finance and the City will be able to elicit the information in another way.
Council Member McCarthy noted the Council reviewed these changes several
weeks ago and advised he has mixed feelings about it. He referred to the vote earlier this
year by the public on the issue of fireworks in the City, at which time the public voted to
continue to allow safe and sane fireworks to be sold and used in the City. He stated he has
no problem with Section 3333, Fireworks: Misuse. He felt Section 3334, the prohibition
of fireworks in the public right-of-way is not practical and felt the safest place at many
homes is not near the house or backyard but out in a more open area. He stated he was not
opposed to the items listed on Page 2. He referred to the lottery drawing, notihg these
organizations must plan months ahead to obtain a site and felt the lottery system would not
do them justice. He suggested this section be reorganized.
Lennie Whittington, 8542 Manatee Street, spoke in favor of the Ordinance and
advised that most surrounding cities conduct lotteries. He referred to the issue of people
setting off fireworks in the public right-of-way and felt many people have no regard for the
property of others, do not clean up their mess, and should set the fireworks off in their own
yard
Dave Bowers, 10620 Dolan Avenue, referred to Section 3338.1, the lottery, stating
he felt the previous firework stand holders should receive consideration. He also
mentioned his concern with not allowing the discharge of fireworks in the public right-of-
way, noting most people do discharge their fireworks in the street and clean up afterwards.
Council Member McCarthy inquired if the restriction of using the public right-of-
way is a violation of the First Amendment and was informed it is not a freedom of
expression issue. Mr. Vose noted his opinion is that fireworks in the public right-of-way is
illegal and is a violation of traffic laws.
Council Member Winningham stated he supported the Ordinance as written and
suggested one change. The change was to Section 3338 (D), changing the May 1st date to
February 1 st, to give the non-profit groups sufficient time to organize their stand and site.
Council Minutes 11/12/02 -6-
O 1 4 3 ITbe Ordinance was read by title only. It was moved by Council Member
Winningham, seconded by Council Member Trejo, to introduce with a change in the
application date mentioned in Section 3338 (D) from May 1 st to February 1 st each year.
(See amended motion and vote below.)
Council Member Cartozian stated he would like to see the lottery system imposed to
give other groups the opportunity to benefit from these sales. He felt it was important that
enforcement measures remain the same. He stated he was in agreement with the language
as stated
Council Member Winningham advised he had no problem with the sales tax return
being submitted in September, two months after the firework sales. He suggested the
lottery date also be moved up to that point, allowing ten months for an organization to gear
up or down. He withdrew his previous motion and changed the date to September 1st.
Council Member Trejo was in agreement.
Mr. Vose suggested, in order for clarity, that the language read, “no later than the
September 1 st preceding the next Fourth of July.”
Council Member McCarthy suggested the wording “ten months prior.” He
reiterated he was in support of the Ordinance if Section 3334 and (B) and (C) in Section
3338.1 were stricken. He felt this contradicts what the public voted on recently.
It was moved by Council Member McCarthy, seconded by Council Member Trejo,
to strike Section 3334 as proposed. Council Member Trejo then withdrew his second.
(The motion died for lack of a second).
It was moved by Council Member McCarthy to strike items (B) and (C) in Section
3338.1 related to the lottery drawing and the previous year violations. The motion died
for lack of a second.
Mr. Vose stated the main motion, as amended, is to strike in Section 3338 (D) May
1 st of each year and replace it with “ten months prior.”
Council Member Cartozian requested a point of clarification regarding Section 3338
(E), a financial statement, pointing out if there is a lottery system, this requirement would
not be for all applicants but would be for those who have previously sold in the City. He
inquired if language needs to be included for this.
Mr. Vose advised new applicants would still be required to file an application and
financial statement. The City would still want the Board of Equalization information, if
they had any, even if they didn’t have a booth in the prior year. The statement would
simply state they did not have any sales.
Council Member Cartozian suggested making this clear on the paperwork.
Council Minutes 11/12/02 -7-
014318
Council Member Winningham inquired if under Section 3338.1 (B) the Council
needs to set a date for when the lottery drawing will be held.
Mr. Vose advised he would not suggest setting a date at this point.
Mayor Perkins advised he felt there should be a date set for when the lottery
drawing will be held. He inquired as to what would happen if he fired fireworks off in the
street and if he would receive a ticket how much would it be. Chief Finch advised violators
would be subject to a citation and the fine would be determined by the court.
The Ordinance was read by title only. It was moved by Council Member
Winningham, seconded by Council Member Trejo, and carried by the following vote to
introduce the Ordinance, as written, with a change in Section 3338 (D) to read “10
months prior” and a change in 3338.1 (B) that each year a lottery drawing will be
performed on October 1st to select firework stand permittees.
AYES 4
NOES I
Council Members: Canozian, Trejo, Wirmingham, Perkins
Council Members: McCarthy
It was moved by Council Member Winningham, seconded by Council Member
Cartozian and unanimously carried to waive further reading.
ORAL COMMUNICATIONS
The following people spoke regarding the Police pursuit that resulted in the death of
Gonzalo Martinez and related issues:
Norma Martinez, mother of Gonzalo Martinez
Robert Douglas, South Bay area
Jenay Grant, 13687 Washburn Road, who also commented in favor of the Paramount
Boulevard streetscape project
George Johnson, 8029 Cheyenne Avenue, resident for 57 years, complained about the
streetscape project on Paramount Boulevard from Imperial Highway to Gardendale Street and
between Paramount Boulevard and Downey Avenue. He felt it was wrong to eliminate all left
turn lanes in this area. He felt it inconvenienced residents in this area and suggested these funds
could have been better utilized.
Robert Buckles, 9324 Paramount Boulevard, complained about the streetscape on
Paramount Boulevard and stated it resulted in the traffic line being moved two feet closer to his
house
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Diane Boggs, resident of Downey and member of the Amigos Fund, a fundraiser for patients
at Rancho Los Amigos Hospital, noted the Amigos Fund had a meeting today and she submitted
information for the Council. She noted Rancho Los Amigos is the only facility the County has that
deals with the disabled. She noted Rancho Los Amigos Hospital is ranked number nine in the
country, is world-renowned and is a nationally recognized institution. She asked the Council to do
everything in its power to influence the Los Angeles County Board of Supervisors to reconsider the
decision to close Rancho.
The following people spoke regarding property maintenance and Downey Municipal Code
violation issues related to Nick's New and Used business on Imperial Highway:
Richard Poole
Gene Snyder, Long Beach
Dorothy Palermo, 7600 Sarabeth Street, Downey
Robert Nolan, Long Beach
Ron Terminal (sp. ?)
Rafael Serra (sp. ?), Long Beach
Lennie Whittington, 8542 Manatee Street, Downey
Larry Tom, Los Angeles
Richard Pridham, 10402 Bellman Avenue, Downey
Peter Shischamanoff (sp. ?), Hollywood
Rosanna Serra (sp. ?), Long Beach
Mayor Perkins requested Chief Sauter meet with these speakers on this issue.
The meeting recessed at 9:25 p.m. and reconvened at 9:33 p.m. with all Council Members
present.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
GOLF COURSE CLUBHOUSE FINANCING PROGRAM
Mr. Powell explained this is a follow-up item to the new golf course clubhouse and will be the
final action regarding the financing aspect of the project. He advised the proposed Resolution
approves seven legal documents related to this project: A trust agreement, a certificate purchase
agreement, an irrevocable refunding instruction agreement, an escrow deposit and trust agreement, an
official statement, an approval of the amendments to the articles of incorporation for the Civic Center
Corporation and a termination agreement with the Los Angeles County-Downey Regional Public
Recreation Area Commission (Golf Course Authority). He noted the trust agreement, a three party
agreement involving the City, the trustee, and the Civic Center Corporation, lays out the legal
framework for the entire bond issue and the duties and obligations of the trustee with regard to the
financial operation of the golf course financing project; the certificate of purchase agreement, also a
three party agreement involving the City, the trustee and the Corporation, gives the obligation to the
underwriter to go out to the marketplace, market the bonds, and provide the funds at the point of
closing to the trustee who will then fund the project; the irrevocable funding instruction and escrow
deposit and trust agreements are related to the refunding of the existing debt (the 1970 and 1993
Council Minutes 11/12/02 -9-
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debt); the official statement, the advertising circular, will be issued to potential buyers of the bond
issues and describes the entire program; the termination agreement, a three party agreement involving
the City of Downey, the Golf Course Authority and the trustee, whereby all old financial agreements
related to the 1970 and 1993 bond issues will be terminated. He stated the Council is also agreeing to
the name change of the Civic Center Corporation to the City of Downey Public Facilities Financing
Corporation. He mentioned the Resolution stipulates certain parameters for the financial program,
such as the aggregate principal amount of the bonds cannot exceed $10 million dollars, the interest
rate cannot exceed 5.5 percent, and the underwriter fee cannot exceed 1.5 percent and advised that
Mr. Chick Adams, bond counsel for the City, and Sarah Oberlees, from the underwriter’s office, who
were instrumental in putting these documents together are present to answer any questions. He
responded to questions eOIn the Council.
Council Member McCarthy inquired about other bonded indebtedness the City has and was
informed the City has bonded indebtedness for the Civic Center Corporation, the Water Fund, which
will be completed in 2003, and the Redevelopment Agency. He felt the timing of the new bonds
could not be better with current interest rates and was pleased it would consolidate the old bonds. He
advised the Council previously thoroughly reviewed this project.
RESOLUTION NO. 6615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING DELIVERY AND SALE OF CERTIFICATES OF
PARTICIPATION IN THE MAXIMUM PRINCIPAL AMOUNT OF $10,000,000
TO FINANCE GOLF COURSE IMPROVEMENTS, AND APPROVING
RELATED DOCUMENTS AND ACTIONS
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 and adopt.
ADOPTION OF POLICY FOR INVOCATIONS
Mr. Vose referred to a recent Appellate Court decision in the State of California
where it was determined an invocation before a Council Meeting, which includes a sectarian
prayer, is a violation of the First Amendment of the United States Constitution. Based on this
decision, he recommended the Council adopt an invocation policy for Council Meetings and
related City sponsored events. The recommendation was that this policy be distributed to
potential participants and should clearly state that no sectarian prayers are permitted. There
should be an enforcement provision if someone violates the policy where they would be
prohibited for some period of time from giving the invocation at a Council Meeting or City
sponsored event. He referred to two examples of policies adopted in other cities in response
to the Reuben vs. City of Burbank case. He advised the case is a law unless it is appealed
and overturned and stated he has heard there is potential for such an appeal. He suggested the
Council consider one of the two sample policies presented.
Council Member Cartozian inquired what situation the City would be in if
participants went against a written policy.
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- 014321
Mr. Vose advised it would not pose a problem at the time the policy was violated, as
anyone before the podium has a First Amendment right. The problem could be if they are
invited back again and violate the policy again. The City would be establishing at that point
that there is no policy. If a policy were adopted and in effect, a violator would not be invited
back for six months to a year.
Council Member Cartozian felt a written policy is a good idea while the City awaits
fUrther developments in this case.
Council Member Trejo asked what the majority of other cities have done and was
informed by Mr. Vose that other City Attorneys have responded to their Councils in a similar
manner to what he is doing and his understanding is that most are adopting a policy.
Council Member McCarthy commended the City Attorney for bringing this to the
Council’s attention. He noted prayer by its nature is sectarian and read a suggested statement
he had prepared. He noted if the City Attorney’s examples are used, he prefers the second
example, minus the last three sentences. He suggested publishing in the Agenda “that the
City Council of Downey traditionally opens each of its public meetings with a brief
invocation given by a volunteer member of the community. Individuals of all faiths are
encouraged to participate. If you wish to be considered for participation at an upcoming
meeting, please contact the office of the City Manager.” He felt this makes clear the City’s
intent to be non-sectarian and open to all faiths.
Mayor Perkins advised that the Council Secretary usually sets up the clergy and
suggested the wording read, “please contact the Secretary to the City Council.“ He noted he
was in favor of keeping invocations at Council Meetings.
Mr. Vose responded to the policy suggested by Council Member McCarthy, noting
there is an enforcement issue that may need to be addressed. He stated it provides facts and
establishes a policy that is different from the policy the City of Burbank had in effect and was
challenged on. He felt it is not as clear cut as the examples but may suffice for the time
being
Council Member McCarthy suggested his statement be used and stated he was not
pleased with the text provided in Item 1 and had issue with the last three sentences in the
second paragraph of Item 2.
It was moved by Council Member McCarthy, seconded by Council Member
Winningham, that the following wording is published in each Council Agenda, “the City
Council of Downey traditionally opens each of its public meetings with a brief
invocation given by a volunteer member of the community. Individuals of all faiths are
encouraged to participate. If you wish to be considered for participation at an
upcoming meeting, please contact the Secretary to the City Council.” (See motion below
to continue this item.)
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Mayor Perkins inquired if the City Attorney felt Council Member McCarthy’s
statement met the requirements in this law and was advised he felt what was recommended
complies with the case, is a step in the right direction and may suffice for now, but could not
guarantee it complies with the court’s ruling.
Council Member Cartozian inquired if this was a time sensitive issue and was
informed it is not at this point. He suggested additional time to review it, stating he was not
ready to vote on it now.
It was moved by Council Member Cartozian, seconded by Council Member
Winningham, to continue this item to the November 26, 2002, Council Meeting. (See
amended motion below)
Mr. Vose suggested continuing this item to the first meeting in January 2003, which
would give him a better feel for where the possible appeal of this case stands.
It was moved by Council Member Canozian, seconded by Council Member
Winningham, and unanimously carried to continue this item to the Council Meeting of
January 14, 2003.
Council Member Trejo asked if the City’s welfare in regards to a lawsuit is
jeopardized by extending this.
Mr. Vose advised the Council is looking into the issue of a policy and is doing it
reasonably so there is no threat at this point in time.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
ALL-WAY “STOP” SIGN INSTALLATION AT THE INTERSECTION OF GOTHAM
STREET AND CHANEY AVENUE
Council Member Cmtozian requested a clarification from Public Works on the wording in the
recommended action.
Mr. Alvarez advised the recommended action is the Resolution attached to the staff report for
consideration. It was noted the Resolution is to approve the installation of an all-way stop at the
intersection of Chaney Avenue and Gotham Street.
Council Member Winningham clarified that the recommended action to deny was inaccurate
and should be changed to approve, to which staff concurred.
RESOLUTION NO. 6614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF
CHANEY AVENUE AND GOTHAM STREET
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01432 :i
The Resolution was read by title only. It was moved by Council Member Winningham,
seconded by Council Member Cartozian, and unanimously carried to waive further reading and
adopt.
OTHER BUSINESS - Council Members
CONSIDERATION OF ADOPTION OF A RESOLUTION PROCLAIMING
ENSENADA, BAJA CALIFORNIA, MEXICO, AS A SISTER CITY TO THE CITY OF
DOWNEY, CALIFORNIA
Council Member Cartozian advised Downey’s Sister City Association has had several
contacts with city officials in the City ofEnsenada, Mexico, and attended an event in Ensenada where
they were well received. He noted this request is associated with the waning relationship with
Downey’s Sister City of San Quintin due to the inability to work with the local government regarding
the transportation of donated items. The relationship with Baja, Ensenada, has become pretty positive
and will assist the City in transporting items to San Quintin. He requested a Resolution be adopted
proclaiming Ensenada as a Downey Sister City, which will be done in title and will also be run
through the Downey Sister Cities Association.
RESOLUTION NO. 6616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROCLAIMING ENSENADA, BAJA CALIFORNIA, MEXICO, AS A SISTER
CITY TO THE CITY OF DOWNEY, CALIFORNIA
The Resolution was read by title only. It was moved by Council Member Cartozian,
seconded by Council Member Trejo, and unanimously carried to waive further reading and
adopt.
AIda Sichting, 9374 Suva Street, past President of the Downey Sister City
Association, noted she has worked on this project and introduced Gilberto Venegas.
Mr. Venegas stated he appreciated the Council’s consideration to proclaim Ensenada
as a Downey Sister City and thanked the Council for allowing him to be part of the program.
Ms. Sichting noted Mr. Venegas is a member of the Downey Sister Cities Association
and he also works with the Mexican Consulate in Los Angeles and is the City’s direct link
with the government in Mexico. She stated the challenge with having a Sister City so far
down in San Quintin is the difficulty in getting toys and different items collected across the
border because of new Federal regulations. She advised the City ofEnsenada would love to
be a part of Downey’s Sister Cities program and would help with permits at the border to
transport items in. She responded to comments from the Council, stating Downey’s Sister
City program in San Quintin is run by the City ofEnsenada and noted Ensenada is also a
Sister City of Newport Beach, Redondo Beach and Riverside. She advised the Sister City
Program in Ensenada had been quite dormant with their previous administration but their
new administration that took office in October is eager to be involved.
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014324
ADMINISTRATIVE REPORTS (Cont.)
HISTORIC ARCH ON CIVIC CENTER DRIVE PEDESTRIAN CROSSWALK
Mr. Alvarez advised staff was directed to look into installing a crosswalk on Civic Center
Drive in the vicinity of the Downey Historic Arch. He noted the Historic Arch sits on the outside of a
bend in Civic Center Drive, which is a road connecting Third Street to Brookshire Avenue, where
there is no sidewalk available from either side of Civic Center Drive. He noted access to the Arch is
utilized by crossing at the curve in the road where there is no marking because it is not felt to be an
appropriate location for a crosswalk. He noted an evaluation was conducted by traffic engineering.
He pointed out statistics indicate a higher degree of pedestrian vehicle accidents at marked crosswalks
than where no crosswalk is marked and noted staff does not recommend the installation of a
crosswalk at this location. He advised the problem is further complicated at this location, as it is
difficult for drivers to see a pedestrian crossing due to the bend in the road until they are basically
upon it. The traffic speed for is 25 miles per hour in this area and by the time a driver sees a
pedestrian, reacts, and applies the brakes, they have traveled over 140 feet. In the 45 degree angle
within that bend there is not enough site distance for a driver to stop.
Council Member McCarthy mentioned if Civic Center Drive was rerouted at some point in
time to run closer to City Hall, with the parking lot on the other side of the street there may be a way
to make a crosswalk. He pointed out the Arch is on an isolated property and even with a crosswalk
there is no sidewalk near it.
Mr. Alvarez advised the significant reconfiguration of Civic Center Drive described by
Council Member McCarthy would incur widening the strip behind the curb face and eliminating all
the trees currently there. He noted these alternatives to reconfigure the geometries of the street are
very expensIve.
Council Member Cartozian advised part of his direction for this to be reviewed was to
consider a stop sign and noted the staff report does not address this. Mr. Alvarez responded that staff
addressed the installation of a crosswalk and did not address the stop sign. He advised a stop sign
within the 45 degree angle in this area would not allow drivers to see the stop sign until they are upon
it, as with a crosswalk, and would be problematic. He stated it would have to be pulled back outside
the 90 degrees and then there is no access in this area.
Council Member Winningham concluded staff does not recommend a crosswalk in the 45
degree angle of Civic Center Drive and inquired if moving the crosswalk out of the 45 degree radius
and placing it on the north corner off the corner of the Police Department parking lot where there is a
public sidewalk and installing a three-foot wide sidewalk back to the Arch would fit within staffs
parameters.
Mr. Alvarez advised this was previously addressed and the issue is the space behind the curb
face is very narrow and staff would have to look at moving the curb face out. Council Member
Winningham inquired how wide the area is between the fence line and curb face and was informed it
is about 24-30 inches. Council Member Winningham advised he thought it was wider and requested
it be measured.
Mayor Perkins suggested this item be continued.
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0143 2 :)
Council Member Cartozian advised he would like further discussion of some of the items
presented.
It was moved by Council Member Cartozian, seconded by Council Member Winningham, and
unanimously carried to continue this item to the December 10, 2002, Council Meeting and
request staff bring back a report regarding the installation of a pedestrian thoroughfare from
the parking lot on the north side of Civic Center Drive across from the Police Department, to
include the review of a crosswalk outside the safety zone.
Prior to the vote, Council Member Trejo felt it would be awkward to install a crosswalk in this
area and agreed with staffs recommendation. He stated he has not seen many people stopping to see
the Historical Arch and suggested the Arch be moved somewhere else in the future.
Council Member Winningham noted he had also considered the possibility of relocating the
Arch. He pointed out a lot of the details of the arch were lost when it was originally moved and
thought it could be reconstructed to its original condition through pictures if moved again.
Council Member McCarthy mentioned he was concerned about pedestrian safety with a
crosswalk in this area and felt many people drive faster than the 25 miles per hour speed limit. He
noted the cost to move the Arch is another issue to consider.
Council Member Cartozian stated he felt access to the Arch ties in with the City’s plans to
make the downtown area more pedestrian friendly and noted the Civic Center is an artery of the
downtown district. He wanted to make residents aware of the history of the City and advised the
Historical Arch was the entryway to the old Downey Elementary School. He pointed out he was hit
by a car while a pedestrian in a marked crosswalk and referred to the statistics mentioned regarding
marked and unmarked crosswalks. He felt unmarked crosswalks are less utilized and therefore the
accident rate would be less than in a marked crosswalk that is utilized more. He was in agreement
with the motion to continue, stressing he wanted to see the historical aspect of the arch preserved and
suggesting a stop sign, flashing beacon, reconfiguration of the street, or moving the arch to another
location
Mr. Alvarez agreed with Council Member Cartozian in that staff is striving to make the City
more pedestrian friendly. He mentioned other projects in the downtown area the City has benefited
from. He suggested moving the vegetation on the north side of Civic Center Drive on the portion that
runs east/west and building a sidewalk there, which would provide access on the north side of Civic
Center Drive. He noted people could park in the parking lot on the north side of Civic Center Drive
offBrookshire Avenue.
Mayor Perkins stated he was in favor of continuing this to another meeting to let staff bring
back a report explaining the installation of a sidewalk on the north side of Civic Center Drive.
Council Member Cartozian stated he felt the thoroughfare would include the option of the
sidewalk and did not necessarily mean a crosswalk directly at the apex of the bend and added this to
his motion to which Council Member Winningham agreed, with an amendment to look at a crosswalk
outside the safety zone.
Council Minutes 11/12/02 -15-
01432 G
Council Member McCarthy requested clarification, stating if the motion is to have staff bring
back recommendations on a pedestrian thoroughfare, he was in support, but if it is to establish a
pedestrian thoroughfare at this point, he was not in support.
Council Member Cartozian advised his motion is not to establish the thoroughfare now,
stating it needs to be brought back.
Mr. Vose advised the motion should be amended to reflect that staff review it and bring it
back
Council Member Cartozian inquired if staff could bring this back at the November 26, 2002,
meeting and was informed the preference by staff is the first meeting in December, December 10, due
to a very full schedule in the Public Works Department at this time.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval (Cont.)
CASH CONTRACT NO. S.S. 529 – PARAMOUNT GATEWAY STREETSCAPE
(ACCOUNT NO. 26-16529)
Council Member McCarthy advised he is in support of this item. He noted he was not
satisfied with the initial design presented and gave staff suggestions. He stated he is happy with what
he sees now but mentioned he saw a clay model and felt the graphic shown in the staff report is not
quite the same and requested clarification.
Mr. Alvarez advised the clay model is a closer representation than what is shown in the
graphic and was intended to show the stone cap that will be placed on the precast concrete, which did
not come out as well on the graphic.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously carried to authorize the contractor to proceed with fabrication and installation of
the monument sign for the Paramount Gateway Streetscape project.
EMPLOYMENT AGREEMENT WITH MR. JAMES JARRETT
Richard Pridham, 10402 Bellman Avenue, stated he has a principal issue with this agreement
that has nothing to do with personalities or capabilities. He stated it involves a staff member who is
retiring and presumed a new person will take over and continue that job. He said in his experience a
previous manager is not retained to assist a new manager and felt the City was accommodating
someone or was diluting a job. He questioned why the City is paying twice for the same commodity
and thought it would set a precedent the City should not set.
Council Minutes 11/12/02 -16-
01432
Council Member Winningham admired the retention of Mr. Jarrett, noting this is the second
largest project ever constructed in the City of Downey. He mentioned working with Mr. Jarrett on the
community center at Apollo Park, which was completed in a timely manner and surpassed his
expectations and felt it was due to Mr. Jarrett’s oversight. He stated it was crucial to have a person
onsite. He advised that Bonnie Kehoe will come in as the Interim Director of Community Services
and noted she does not have construction experience to oversee this project. He mentioned the recent
completion of the new skate park at Independence Park that dramatically surpassed his expectations,
which was also done under Mr. Jarrett’s oversight. He felt the money to be paid to Mr. Jarrett for the
oversight of this project is well worth it.
Council Member McCarthy referred to another agreement approved tonight with an
architectural firm whose least expensive employee was $70 per hour and suggested this agreement be
approved with Mr. Jarrett.
Council Member Trejo referred to projects that Mr. Jarrett had a direct impact on the success
of and felt this was a good recommendation.
Mayor Perkins referred to the recent remodel of the Southeast Area Animal Control Authority
(SEAACA) where there was a tremendous overrun that the SEAACA Board knew nothing about.
He noted the amount to be paid to Mr. Jarrett to oversee this project should save the City about
$400,000.
Mr. Pridham stated he was speaking on principal only and felt the City should not approve
people to take jobs if they are not capable of doing what those jobs entail. He stated he was in
agreement with everything said about Mr. Jarrett.
Council Member Cartozian felt Mr. Pridham’s statements about principal are important and
noted the City would probably have hired outside assistance for the oversight of this project if
Mr. Jarrett was still employed by the City. He stated both principal and the need for oversight can
work harmoniously in this situation. He noted the City often has to hire outside consultants,
architects, and attorneys depending on the specificity of the item and felt this was a prudent measure.
It was moved by Council Member Winningham, seconded by Council Member McCarthy, and
unanimously carried to approve the employment agreement with Mr. James Jarrett, with the
purpose of the agreement being to allow Mr. Jarrett, after he retires, to continue working on
the Golf Course Clubhouse project.
COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT
WITH THE CHILDREN’S DENTAL HEALTH CLINIC
Council Member Trejo inquired how this program works and whether it was through referrals
from the School District.
Mr. Velasco advised the referrals could come from various sources, such as the School
District, health agencies and non-profit groups.
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01432 ]
Council Member Trejo noted the nearest clinic is located in the City ofBe11flower and
inquired if there are others. He was informed there are five clinics, with the closest being the one in
the City ofBellflower.
Mr. Velasco advised he would be happy to take any of the Council Members on a tour of this
facility.
Council Member Trejo inquired if staff is aware of any problems or complaints about this
program and was informed staff has not heard any negative complaints when talking to other cities
who also contribute Community Development Block Grant dollars. Mr. Velasco advised the grant
will be reviewed annually and staff will be looking at the number of Downey residents served at the
end of the year and the income makeup of those residents. If when monitoring the program
complaints were found, staff would share this with the Council for consideration of whether or not to
fund the program again next year.
r +=•
Council Member Winningham asked if Dr. Sullivan is one of the dentists in this program and
was advised staff is not aware that he is. He requested staff contact Dr. Sullivan to find out if he does
participate and, if so, if he is willing in future years to handle it out of his office as an in-house project
for Downey residents. He mentioned Dr. Ferraro also does this through the School District.
It was moved by Council Member Trejo, seconded by Council Member Winningham, and
unanimously carried to approve the Subrecipient Agreement with the Children’s Dental Health
Clinic (CDHC), providing $5,000 in Community Development Block Grant (CDBG) funds for a
program providing dental care to children from low-income families.
ON-CALL TRAFFIC ENGINEERING AND SIGNAL SYSTEM DESIGN SERVICES
Mayor Perkins noted he pulled this item and suggested it be continued to the next Council
Meeting.
It was moved by Mayor Perkins, seconded by Council Member Cartozian, and unanimously
carried to continue this item to the Council Meeting of November 26, 2002.
Prior to the vote, Council Member McCarthy inquired if there was a time consideration on
this item and was informed staff would like to have it in place by the beginning of the year.
STREET SWEEPING SERVICES REQUEST FOR PROPOSALS
Ms. Midstokke referred to supplemental correspondence received from the R. F. Dickson
Company dated November 6, 2002.
Mr. Alvarez explained this report refers to street sweeping services in the City, which are
done on a contract basis. He noted the current contractor has provided this service for the last 15
years and their current five-year extension will expire in December. He advised staff has put together
a request for proposal for this service for the purpose of confirming the price for an expanded level of
street sweeping services. He reviewed additional services that will facilitate the new regulations
imposed by the South Coast Air Quality Management District (AQMD) and better meet mandated
storm water permit requirements: The contractor will pay for all disposal costs; the contractor is
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01432'J
responsible for picking up all material left behind by the street sweeper; prices for additional work
currently not included will have a cost per mile basis, as well as dollar cost, for emergency services
that may be required during the term of the contract; enhanced reporting requirements; penalty
provisions for failure to provide services, with a progressive penalty provisions; and the use of
updated vehicles that meet AQMD regulations and that are model year 2000 or later and at no time
may be older than 5 years. He stated staff felt it was prudent to seek proposals to review competitive
prices in today’s environment. He responded to comments &om the Council.
Council Member McCarthy referred to the reference to complaints, inquiring how these have
been addressed. He was informed complaints from residents are referred to the contractor. He
inquired if the contractor has been responsive in addressing complaints and was informed they have
been responsive but complaints are repetitive and do not go away. He referred to the performance
bond requirement and asked if this has been done in the past. He was informed a performance bond
was done for the City’s landscaping contract and the primary reason is to provide a cushion in the
event of default by the contractor, which allows the City to bring another contractor on board. It also
provides the basis for collection of any penalties the contractor may not pay, as the option written is
that the penalty can be paid directly by the contractor, be withheld from the contractor’s payment, or
can be sought from the bond surety.
Steve Dickson, R. F. Dickson Company, 12524 Clark Avenue, reviewed the 21 complaints
they currently have, noting nine are issues of driving around parked cars, others are due to trash cans
being left on the street, and six were driver errors that were responded to the same day. He referred to
dust control and noted new PM10 requirements by the AQMD reduced the amount of water that can
be used. He stated they are open 20 hours per day and currently do weekly sweeping and maintain
National Pollutant Discharge Elimination System (NPDES) requirements. He advised they utilize the
CaIMet waste facility two days a week and the City’s transfer sites three days a week. He pointed out
they have been bidding since the new laws went into effect and have seen a 42 to 44 percent increase
in prices for the same service level with new equipment, which would mean an $800,000 increase in
the current contract price for Downey over a five year period of time. He pointed out the contract
with the City ends on the last day of this month and between the end of this month until the end of
December they will be on an extension. He was not sure how the AQMD process works if the
contract is not renewed as currently written and noted it might become a new contract at that point.
He mentioned the City reviewed the market with each five-year renewal and always found Dickson
cheaper than anyone else. He advised Dickson has received every bid requiring alternative fuel. He
inquired if the contract ends, is it considered a renewal of the existing contract or do they have the
chance of increased dollars. He also pointed out that a contractor must currently have in their
possession alternative fuel sweepers to bid on this contract and Dickson is the only company in the
industry that does. He advised their equipment is brand new, state-of-the-art, and complies with the
new laws. He stated if they are asked to go out to bid, they will have to go out at a higher price.
Council Member Winningham asked if the City could do a five-year extension of the current
agreement with a 30-day out and still go out to bid. Mr. Dickson responded he thought there was a
30-day cancellation clause in the current contract but, if not, would be glad to write it in.
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0143 :3 ; }
Mr. Alvarez noted Mr. Dickson expressed he was willing to extend his contract through the
end of December and staff is hoping to come back to the Council with that extension. The City
would be out to bid at the same time, if Council approves soliciting proposals tonight, which would
be due the beginning of December, with the intent the Council would award a contract in December
and a new contractor would be on board by January 1.
Mayor Perkins asked why this matter was not brought before the Council prior to this when
the contract expires at the end of the month and was advised it was an oversight on staffs part. He
mentioned seeing the new vehicles in town and thought they looked nice.
Council Member McCarthy stated he has not seen any egregious violations by Dickson and
given the savings of an extension versus going out to bid, he moved to extend the current contract for
five Years. Mr. Vose advised this action is not on the Agenda but Council could request it be brought
back at the next meeting.
It was moved by Council Member McCarthy, seconded by Council Member Trejo, to bring
this issue back for consideration of extending the current contract for five years with wording for a
30-day termination clause and issue a request for proposals. (See amended motion below.)
Mr. Alvarez requested clarification that the motion is to extend the existing contract as is.
Council Member McCarthy stated if other items are needed, they should be written as
amendments or supplements to the contract.
Mr. Alvarez advised these have already been prepared and asked if the Council is asking Mr.
Dickson to bring a cost for this back to the Council with no comparisons.
Council Member Winningham referred to the motion and suggested staff prepares an
extension to the agreement with wording for a 30-day termination clause and have Mr. Dickson look
at the cost of the upgraded services staff has requested. He suggested continuing the request for
proposals to compare possible savings.
Mr. Alvarez requested clarification that staff is to find out the costs, bring that back at the next
meeting, and issue the request for proposals. He noted once the request for proposals is issued the
City retains the right to cancel the request at any time and retains the right to accept proposals and
then negotiate with any selected contractor, which gives both options.
Ms. Midstokke noted this is an amendment to the current motion, to add requests for proposal,
and asked the maker and second if they agree to that amendment, to which they agreed.
Mr. Dickson clarified staffs request to renew the contract, go out to bid, and bring back costs
for the additional items at the next meeting, stating this would reveal his numbers to his competitors
before the bid process.
Council Member Wirmingham inquired if Mr. Dickson would be more comfortable with
renewing his current agreement through the first two weeks of December until the other bids come in.
Mr. Dickson responded if the extension is issued, they can continue until January 1, 2003, as long as
they can go back to diesel.
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. 014331
Council Member Winningham asked for clarification if extending a 30 or 45 day contract with
Dickson will null and void the requirements of the AQMD.
Mr. Vose stated he could not answer this tonight but did not see a problem with extending the
contract with a 30-day out, as long as it was clear it was up to the discretion of either party or up to
the discretion of the Council to terminate without cause.
Council Member McCarthy noted the issue is to protect the City if AQMD law states it has to
be a five-year contract before the end of the year, as the City needs to take advantage of this if it
chooses to. He asked if bids are sealed or are public and was informed this is proposals that will be
brought back to the Council and evaluated when they are received.
Mr. Caton noted this is not a formal bid and noted there are a few things in State law that are
not allowed to be bid on and are based upon proposals.
Council Member Winningham inquired if once Dickson submits a proposal is it held for the
other proposals or is it opened and others are able to view it. Mr. Alvarez advised the way the motion
is now, the contract will be extended and the City will go out for requests for proposals and will
review all at the same time.
Mr. Vose suggested staff bring back at the next meeting a renewal of the five-year agreement
for consideration and direct the request for proposals process to go forward.
Council Member McCarthy noted he made a previous motion to bring the extension to the
next meeting as well as the proposal format, which was seconded.
Mr. Dickson suggested staff interact with the AQMD to see what happened if the contract
comes to an end at the end of this month and if they do get the 30-day window. If it doesn’t and does
lapse, it is a new and existing contract and might change the rules.
Mr. Vose felt the clearest way to go is to approve the item before the Council tonight, with the
request that at the next meeting a five year extension be presented with the 30-day termination
provlslon.
It was moved by Council Member Winningham, seconded by Council Member Cartozian and
unanimously calried to authorize the City Manager to issue a Request for Proposals (RFP) for
the Street Sweeping Services Contract.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously cal-r'ied to bring back at the next Council Meeting, a proposed extension of the
current Street Sweeping Contract for five years, with a 30-day termination provision, and
consult the AQMD on the format of the extension.
Council Minutes 11/12/02
01433:
OTHER BUSINESS - Council Members (Cont.)
POSSIBLE CLOSURE OF RANCHO LOS AMIGOS HOSPITAL: FORMATION OF
A CITY COUNCIL SUBCOMMITTEE
Council Member McCarthy advised that the Los Angeles County Board of Supervisors on
October 29, 2002, voted to eliminate public funding for the Rancho Los Amigos Rehabilitation
Center in Downey, citing costs of the overburdened health system. He noted Rancho is one of the
City’s hallmarks and is internationally recognized, as it serves far more people than just Downey. He
mentioned this issue came up several years ago and the Council formed a subcommittee, which he
suggested be done again. He suggested the subcommittee consist of two Council Members, a
representative from Los Angeles County Supervisor Don Knabe’s office, a representative from
Rancho Los Amigos administration, and a representative from the Rancho Los Amigos Foundation.
He hoped the subcommittee would come up with a solution to prevent the closing or selling of this
great cornmunlty resource.
Mayor Perkins appointed Council Member Cartozian and Mayor Pro Tem Trejo to the
Council subcommittee. He requested staff correspond with the other representatives mentioned by
Council Member McCarthy.
Council Member McCarthy requested the other representatives be asked to meet as quickly as
possible and hopefully before the end of November.
Council Member McCarthy mentioned he enjoyed the Memorial Day Service at the Downey
Women’s Club and thanked the Club for sponsoring this event.
Council Member McCarthy stated he received a letter commending Corporal Kevin
IVlcCaster and Officer John Yepes for their assistance in helping a dying woman and her family.
Council Member McCarthy commented on receiving notice of the recent death of Clark
Beardslee, a member of the Veterans of Foreign War, and requested the next Council Meeting is
adjourned in his memory.
Council Member Winningham mentioned a letter received by the Mayor fI'on'A a 40-year
resident commending Kim Rapp for her recent assistance in regards to infonnation for the disposal
of a television and other household items. He requested it be passed along to :\Is. Rapp.
Council Member Winningham commented on the new skate park, stating it surpassed his
expectations and complimented staff on this facility.
Council Member Wirmingham congratulated newly elected Council Member Anne Bayer in
District 4.
Council Member Trejo thanked Mr. Velasco for giving him a tour of the Barbara Riley
Community/Senior Center.
Council Member Trejo congratulated Ms. Bayer on her election to Council District 4.
Council Minutes 11/12/02 -22-
01433 : 1
Council Member Trejo directed the Police and Fire Chiefs to work with Downey Regional
Medical Center on the emergency/disaster drill they are putting together in the next few weeks to
simulate preparedness for a nuclear explosion.
Council Member Trejo congratulated Downey High School for clinching a League title in
football for the second time in three years, which is quite an honor.
Council Member Cartozian congratulated Ms. Bayer on her election to the Council.
Council Member Cartozian noted he and the Mayor had the pleasure of attending a
neighborhood preservation meeting hosted by Mark Galvan who heads this program. He referred
to Elm Vista Drive, advising the condition of this area has improved during the past year and
commended the Police Department and residents in this area for these changes.
Council Member Cartozian announced Downey High School, with their undefeated record in
the League, will be playing Lynwood High School on Friday for possession of the League title.
Mayor Perkins welcomed Anne Bayer to the Council and stated he recently met with her.
Mayor Perkins referred to Agenda Item No. 5, the Rio Hondo Country Club Driving Range
Fence, and suggested the surplus soil be saved for the build-up of the new clubhouse.
OTHER BUSINESS - Staff Members: None
ADJOURNMENT: 11:50 p.m.
The meeting adjourned in memory of Ignacio Campos, father of Police Captain Roy
Campos, to 6:30 p.m., November 26, 2002, in the Council Chamber of Downey City Hall.
Kathleen L. l\'_iicistokke, City Clerk 7Meredith H. Perkins, Mayor
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