HomeMy WebLinkAboutMinutes - 11-26-02 - Regular Meeting01433't
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
NOVEMBER 26, 2002
The City Council/Community Development Commission of the City of Downey held an
adjourned regular meeting at 6:32 p.m., November 26, 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 & Economic Development/
Assistant Executive Director
David Rodriguez, Project Manager (NASA Site)
APPROVAL OF CLOSED SESSION MINUTES – NOVEMBER 12, 2002
Council Member/Commissioner McCarthy pointed out a typing error in Item 4 of the Closed
Session Minutes wherein it reads Mr. Darrell instead of Mr. George.
It was moved by Council Member/Commissioner Winningham, seconded by Council
Member/Commissioner McCarthy, and unanimously carried to approve the Closed Session Minutes
of November 12, 2002, as corrected.
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:
A. SECTION – 54957.6 – Personnel Evaluation: City Clerk
B. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor
negotiations with the Downey Firemen’s Association.
C. SECTION 54957.6 – Conference with labor negotiator Lee Powell re direction for labor
negotiations with the Downey City Employees’ Association – Miscellaneous Group.
City Council/Community Dev. Comm. Minutes (adj .) 11/26/02 -1-
01433 IJ
The meeting reconvened in open session at 7:40 p.m. with all Council Members/-
Commissioners present. There were no Closed Session actions to report.
The meeting recessed at 7:41 p.m.
ORAL COMMUNICATIONS
The meeting reconvened for Oral Communications at 8:30 p.m. with all Council Members/-
Commissioners present (see Oral Communications under the Regular City Council Meeting) and
recessed at 9:07 p.m.
The meeting reconvened at 10:22 p.m. with all Council Members/Commissioners present.
ADJOURNMENT: 10:23 p.m.
Kihleen L. Midstokke, City Clerk/Secretary Meredith H. Perkins, Mayor/Chairman
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City Council/Community Dev. Comm. Minutes (adj .) 11/26/02 -2-
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 26, 2002
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of Police Department Commendations to
Michelle Cabrera & Edward Granados for their outstanding
act of service to Police & citizens of Downey
Ord., approving Zone Change #02-67 for properties at
7930 and 7936 Stewart and Gray Rd.Introduced 3
Ord., approving Zone Change #02-76 for property at
13541 Lakewood Bl.Introduced 4
5
5
Removal of Items eOIn Consent Calendar
Council Minutes: Adj. & Reg. Mtgs. 11/26/02 Approved
Cash Contract #635 – Independence Park tennis courts
resurfacing: Accept resurfacing work completed & the
maintenance responsibility for these improvements Approved 5
Warrants Issued: #181320-181670; Wire Nos. 30000463-
470, $3,653,038.62 Approved 5
On-call traffic engineering & signal system design
services: Auth. the Mayor to execute a Professional
Services Ag. w/FPL & Assoc.Approved 5
Res. 6618, approv. the destruction of certain obsolete
records of the City Clerk’s Dept.Adopted
Rec. & file
5
8Pedestrian access to Historic Arch
Speakers re the Police pursuit that resulted in the death
of Gonzalo Martinez and related issues 7
Sandy Graver (sp. ?)thanked the Council for supporting a new
snack shack at Independence Park for the Downey Girls’
Ponytail Association 7
PAGE 1 OF 4
COUNCIL MINUTES, NOVEMBER 26, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
John Morrifian (sp. ?) re the new median on Paramount Bl. &
the effect on businesses in the area 7
Steve Groke (sp. ?) re the new median on Paramount Bl. &
requested the City consider a turn lane or U-turn at
Imperial Hwy.7
Maria Larkin thanked Council Member Winningham for
his dedication to the City & its citizens; and wished the
Council & citizens a happy Thanksgiving 7
7
Lennie Whittington complimented Council Member
Winningham for his dedication in serving District 4
Speakers regarding recent incidents wherein they witnessed
or were the subject of their apartment manager’s threats
with a gun Ref. to staff 7
7
Terri Lambros commended Council Member Winningham
and also commended the Council & Police & Fire Depts.
Richard Pridham mentioned it has been a pleasure having
Council Member Wirmingham as his Council Member &
wished him well 7
9
Donation of outdated mobile data terminals to the
Los Angeles County Fire Department Approved
Cash Contract #S.S. 505 – Gardendale St. pavement
rehabilitation:
1. Res. #6617 approv. a funding agreement w/City of
So. Gate for pavement rehab. & related work on
Gardendale St.
2. Approve plans & specs & grant authority to advertise
for bids
3. Appropriate $90,000 for proj. to be reimbursed by
City of So. Gate
Adopted 9
9
9
10
Approved
Approved
Appropriation of funds & approval of grant to the
Downey Girl’s Ponytail Association Approved
PAGE 2 OF 4
COUNCIL MINUTES, NOVEMBER 26, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cash Contract #63 1 – Parking lot rehab. Downey Main
Post Office (8111 Firestone Bl.): Accept the improve-
ments & the maint. responsibility for work completed Approved 10
Extension of NASA License Agreement for one
additional year term: Extend Revocable License Ag.
between City & NASA for management of former NASA
property at 12214 Lakewood Bl.Approved 11
Extension of Project Management contract w/David
Rodriguez: Extend the Agreement & increase the
hourly rate Approved 11
Street sweeping services contract extension: AudI. the
City Manager to extend the contract w/R. F. Dickson
Co. for an additional 5 years Approved 13
Ord. #1137, amend. portions of Chapter 3 of Article 3
of the Downey Municipal Code pertaining to the
regulation of fireworks Adopted
Cont. to
12/10/02
14
Discussion of Agreement w/Lehman-English & Assoc.
for general advocacy services in Sacramento 15
15
15
15
15
15
Cn. Cartozian thanked Cn. Winningham for his
dedication over the last four years on the Council
Cn. Trejo directed staff to look into the City hosting
tournaments for flag football & basketball Ref. to staff
Cn. Trejo thanked Cn. Winningham for his leadership
& knowledge
Cn. McCarthy thanked Cn. Winningham for his
dedication & leadership & commended his work ethic
Cn. Winningham thanked his colleagues on the Council
for their comments
Cn. Winningham requested the Council meet w/staff re
sales tax revenues, noting the auto dealers are a major
component 15
PAGE 3 OF 4
COUNCIL MINUTES, NOVEMBER 26, 2002
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Perkins recognized newly elected Council Member
Anne Bayer for District 4 15
Mayor Perkins noted this is his last meeting as Mayor &
thanked his colleagues and staff for their support 15
Mr. Caton thanked the Mayor for his leadership this past
year 15
Mr. Caton commended Cn. Wirmingham and stated he
has never met a Council Member who worked harder 15
Mr. Caton mentioned meeting with new Council Member
Anne Bayer & looked forward to working with her 15
Adjourned in memory of Clark Beardslee, longtime Downey
resident, published poet, and member of American Legion
Post 270 16
Meeting adjourned to 6:00 p.m., December 3, 2002, for the
Council Reorganization Meeting 16
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PAGE 4 OF 4
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 26, 2002
014330
The City Council of the City of Downey held a regular meeting at 7:43 p.m.9 November 269
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
David Rodriguez, Project Manager (NASA Site)
Vanessa Roj as, Special Projects Coordinator
Christina Vogel, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Perkins and Chief Finch presented Police Department Commendations and Plaques
to Michelle Cabrera and Edward Granados in recognition of their outstanding act of service to the
Downey Police Department and to the citizens of Downey during a recent armed robbery at the
Stonewood Shopping Center.
Mr. Granados advised they are new business owners in the Stonewood MaII and were happy
to help in a time of need.
Council Minutes 11-26-02 -1-
01433
HEARINGS
Mayor Perkins opened the public hearing on ZONE CHANGE NO. 02-67 FOR
PROPERTIES AT 7930 AND 7936 STEWART AND GRAY ROAD.
Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council
Member McCarthy, seconded by Council Member Winningham, and so ordered to receive and file.
There was no correspondence received on this matter. (See correction by the City Clerk
below).
Mr. Yoshiki narrated a visual program of the subject properties located on the south side of
Stewart and Gray Road west of Paramount Boulevard. He noted the request is to rezone two
properties with a combined lot size of 22,000 square feet from RI-5,000 (single-family residential) to
R-3-0 (medium density multiple-family ownership), which provides multiple-family housing in an
ownership type format. He advised there are currently two single-family homes on the sites, which
are proposed to be replaced by a condominium development. He mentioned another condominium
project on Stewart and Gray Road in a northeast direction from the subject properties that is in the
completion stage. He responded to comments from the Council.
Council Member Cartozian asked what discussion took place at the Planning Commission
meeting and was informed discussion was minimal, as these are the only two single-family properties
in this area and they are surrounded by multiple-family developments. It was noted the General Plan
designates the area for medium density residential and the proposed rezoning would be a cleanup
action to bring the zoning into conformance with the General Plan.
Council Member McCarthy noted this development will increase the City’s population and
housing density and inquired if it will assist in the mandated regional housing needs placed on the
City. He was advised it will help in this respect. He also inquired about traffic on Stewart and Gray
Road and whether the City foresees additional R-3-0 developments on Stewart and Gray Road. He
was informed there could be additional R-3-0 projects and it was noted the traffic potential was
examined when the area was designated for multiple-family dwellings.
Council Member Winningham inquired as to how many guest parking spaces are associated
with an eight-unit development and was informed the ratio set is 1 to 4, which would equal two
spaces for this project.
Council Member Trejo inquired if a concern for trash pickup was mentioned at the Planning
Commission meeting. He was informed no concern about trash was brought up but this will be
reviewed in the application process.
Mayor Perkins noted many of these lots lend themselves to this type of development because
of their depth and felt this was a better way of controlling the development of apartments, which
allow even higher density.
Ms. Midstokke noted a correction to her statement regarding correspondence, advising
correspondence was received November 26 from Ray Goetz, stating his opposition to the project.
Council Minutes 11-26-02
014338
It was moved by Council Member McCarthy, seconded by Council Member Winningham and
so ordered to receive and file.
Mayor Perkins asked if anyone present, including the applicants, wished to speak in favor of
the zone change.
Mr. Paul DeTilla, Olson and DeTi11a Associates, 12733 Bellflower Boulevard, Downey,
representing the owner of the subject properties, noted he previously represented the Castillos who
have sold the properties to Dale and Karen Self, who will now develop this project. He stated this
zone change will bring the zoning into conformity with the General Plan and pave the way for the
project to move forward. He noted there was little discussion on this item at the Planning
Commission level because people were pleased that the owner was able to bring this project together.
Mayor Perkins asked if anyone wished to speak in opposition to the zone change and no one
came fOIward.
There being no one else to speak, it was moved by Council Member McCarthy, seconded by
Council Member Winningham and so ordered to close the public hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDMENT TO THE CITY’S COMPREHENSIVE ZONING
MAP, CHANGING THE ZONING OF THE PROPERTIES AT 7930 AND 7936
STEWART AND GRAY ROAD FROM Rl-5,000 (SINGLE-FAMILY
RESIDENTIAL) TO R-3-0 (MEDIUM DENSITY MULTIPLE-FAMILY
OWNERSHIP) AND ADOPTING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT (ZONE CHANGE NO. 02-67)
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.
Council Member CaHozian noted he was in support but suggested staff keep in mind
the following possible issues: Increased traffic, noise levels and excessive ground-born
vibration during construction.
Mayor Perkins opened the public hearing on ZONE CHANGE NO. 02-76 FOR
PROPERTY AT 13541 LAKEWOOD BOULEVARD.
Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council
Member Winningham, seconded by Council Member McCarthy, and so ordered to receive
and file.
There was no correspondence received regarding this matter.
Council Minutes 11-26-02 -3-
01433 '.)
Mr. Yoshiki narrated a visual program, noting this zone change request at the
northwest corner of the former Tahitian Village site at Rosecrans Avenue and Lakewood
Boulevard is a cleanup issue. He advised the General Plan designates this area as general
commercial and the balance of the site was rezoned to general commercial when it was
redeveloped. The northwest comer was not included at that time and retained the industrial
classification. He advised staff is recommending it also be rezoned to general commercial.
Mayor Perkins asked if anyone present, including the applicant, wished to speak in
favor of the zone change.
Tim Saivar, TW Layman Associates, 16633 Ventura Boulevard, Encino, architects
representing the property owner, stated the property is designated general commercial in the
City’s General Plan but is currently zoned M- 1 (light manufacturing). He requested the
Council consider rezoning it to C-2 (general commercial).
Mayor Perkins asked if anyone present wished to speak in opposition to the zone
change and no one came forward.
There being no one else to speak, it was moved by Council Member McCarthy,
seconded by Council Member Trejo, and so ordered to close the public hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY’S COMPREHENSIVE ZONING MAP CHANGING THE
ZONING FOR PROPERTY AT 13541 LAIWWOOD BOULEVARD FROM M-1
(LIGHT MANUFACTURING) TO C-2 (GENERAI, COMMERCIAL) (ZONE
CHANGE NO. 02-76)
The Ordinance was read by title only. It was moved by Council Member McCarthy,
seconded by Council Member Winningham, and unanimously carried to waive further
reading and introduce.
Council Member Cartozian advised in visiting this area he noticed the southwest corner of the
Rosecrans Avenue/Lakewood Boulevard intersection is in need of cleanup and requested staff review.
Council Member Trejo stated he was in support, as he felt it will bring this portion into
harmony with the other development and make it more marketable for the property owner.
Council Member Winningham noted the owner of the gas station on the northeast comer of
the former Tahitian Village site did not want to sell this portion when the new development of the site
was taking place. He felt this is a good cleanup Ordinance and looked forward to its development.
Council Member McCarthy concurred with Council Member Winningham and noted this
zone change would have taken place at the same time as the new development, if the gas station
owner had been interested in selling.
Council Minutes 11-26-02 -4-
0143 4 n
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Items 13, STREET SWEEPING SERVICES CONTRACT EXTENSION, and 15,
ORDINANCE TO AMEND THE DOWNEY MUNICIPAL CODE PERTAINING TO THE
REGULATION OF FIREWORKS, were removed at the request of Council Member McCarthy.
Agenda Item 9, APPROPRIATION OF FUNDS AND APPROVAL OF GRANT TO THE
DOWNEY GIRL’S PONYTAIL ASSOCIATION, was removed at the request of Council Member
Winningham.
Agenda Items 5, CASH CONTRACT NO. S.S. 505 GARDENDALE STREET
PAVEMENT REHABILITATION, 11, EXTENSION OF NASA LICENSE AGREEMENT
FOR ONE (1) ADDITIONAL YEAR TERM, and 12, EXTENSION OF PROJECT
MANAGEMENT CONTRACT WITH MR. DAVID RODRIGUEZ, were removed at the request
of Lennie Whittington.
Agenda Item 7, CASH CONTRACT NO. 631 – PARKING LOT REHABILITATION
DOWNEY MAIN POST OFFICE (8111 FIRESTONE BOULEVARD), was removed at the
request of Council Member Cartozian.
CONSENT CALENDAR
It was moved by Council Member Trejo, seconded by Council Member Cartozian, 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, NOVEMBER 12,
2002: Approve.
CASH CONTRACT NO. 635 – INDEPENDENCE PARK TENNIS COURTS
RESURFACING (ACCOUNT NO. 27-17536): Accept the tennis court resurfacing work
completed at Independence Park and the maintenance responsibility for these improvements:
Approve
WARRANTS ISSUED: NO. 181320 – 181670; WIRE NOS. 30000463-470,
$3,653,038.62: Approve.
ON-CALL TRAFFIC ENGINEERING AND SIGNAL SYSTEM DESIGN SERVICES :
Authorize the Mayor to execute a Professional Services Agreement with FPL and Associates:
Approve.
RESOLUTION NO. 6618 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
RECORDS OF THE CITY CLERK’S DEPARTMENT
ORDINANCES: None
Council Minutes 11-26-02 -5-
01434 L
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
PEDESTRIAN ACCESS TO HISTORIC ARCH
Mr. Alvarez mentioned this item was discussed at the last Council Meeting and the Council
directed staff to review the possibility of developing pedestrian access to the Historical Arch located
at the bend on the north side of Civic Center Drive. He noted the installation of a sidewalk would
require the removal of six trees, three streetlights, existing shrubs, boulders and irrigation. It would
also require the modification of the parking lot at the Brookshire Avenue end of Civic Center Drive,
as the landscape strip there is very narrow. He noted removal of the trees and shrubs in this area
would expose a wall that could then be subject to graffiti. He narrated a Power Point program
depicting the area as it is now and as it would be after the installation of a sidewalk. It was also noted
shade to surrounding homes from the trees in this area would be eliminated. He advised the
approximate cost for this work is $30,000.
Lennie Whittington, 8542 Manatee Street, mentioned attending the last Council meeting
where this issue was discussed and referred to some of the comments brought up at that time. He
stated his opposition to this idea and felt it was a waste of public money.
Harold Tseklenis, 7828 Eighth Street, felt the installation of a sidewalk in this area would be
problematic, as people could only access it from Brookshire Avenue. He suggested the City consider
relocating the arch to one of the two islands in nont of City Hall, if access is desired, and felt this
would be accessible to people visiting City Hall and the City Library and would bring the arch back
from storage to where people can see it.
Richard B. Pridham, 10402 Be11man, did not think the cost/benefit ratio is satisfactory.
Terri Lambros, 9715 Brookshire Avenue, urged the Council not to consider a project like this
at a time when cities, counties and the State are facing deficit problems.
Jim Rodriguez, 10456 Stamps Road, stated he is in favor of sidewalks in the City that benefit
families, handicapped people, and children in school, but did not feel this sidewalk is a benefit, as it
does not provide access from one end of Civic Center Drive to the other.
This balance of this item was continued to after ORAL COMMUNICATIONS.
Council Minutes 11-26-02 -6-
01434:
ORAL COMMUNICATIONS
The following people spoke regarding the Police pursuit that resulted in the death of
Gonzalo Martinez and related issues:
Susan Quinteros
Jenay Grant, 13687 Washburn Road
Norma Martinez, 9525 Ardine Street
Jasmine Gonzales, representing Watts
Cheno Romero, 6669 Loveland, Bell Gardens
Sergio Perez, South Central Los Angeles
Zapata, South Central Los Angeles
John Bujanowski, 7529 Second Street
Sandy Graver (sp. ?), 9418 Florence Avenue, thanked the Council on behalf of the Downey
Girls’ Ponytail Board and the girls for making the dream of a snack shack for the Ponytail
Association at Independence Park a reality.
John MorHfian (sp. ?), owner of Crown Cleaners, asked the Council for help regarding the
median on Paramount Boulevard in front of his shop . He noted his customers coming from the
south cannot access his business.
Steve Groke (sp. ?), Controller for Beach’s Market, 7900 Imperial Highway, echoed prior
comments regarding the new median installed on Paramount Boulevard, stating it has created a
problem for customers coming hom the south. He requested the City consider a turn lane or a U-turn
at Imperial Highway, noting businesses have been hurt in this area.
Maria Larkin, 10603 Chaney Avenue, a 45-year resident of Downey, thanked Council
Member Winningham for his dedication to the City of Downey and its citizens. She wished him a
fond farewell and wished him and his family well in their new community. She also wished the
Mayor, Council and citizens a happy and peaceful Thanksgiving.
Lennie Whittington, 8542 Manatee Street, complimented Council Member Winningham
for his dedication in serving District 4 during the last four years.
Several people spoke regarding recent incidents wherein they witnessed or were the subject of
their apartment manager’s threats with a gun. Mayor Perkins referred the speakers to the Police
Chief
Terri Lambros, 9715 Brookshire Avenue, commended Council Member Winningham, who
has been her District 4 Council Member for the past four years. She wished him and his family the
best and thanked him for all he has done for the constituents in Council District 4. She also
commended the other Council Members and the Downey Police and Fire Departments for what
they do for the City of Downey.
Richard B. Pridham, 10402 Bellman, mentioned it has been a pleasure having Council
Member Winningham as his Council Member. He noted Council Member Winningham has put the
time in to do the job well, has served the community, and he wished him well.
Council Minutes 11-26-02 -7-
01434: i
The meeting recessed at 9:07 p.m. and reconvened at 9:16 p.m. with all Council Members
present.
ADMINISTRATIVE REPORTS (Cont.)
PEDESTRIAN ACCESS TO HISTORIC ARCH
Council Member Cartozian noted he brought this matter to the attention of the Public Works
Department and clarified that he had not necessarily request a sidewalk but had requested options to
provide access for people to visit the Historic Arch on Civic Center Drive. He stated Public Works
was asked to provide options to be brought back to the Council for consideration and to allow for
public input. He felt the $30,000 cost mentioned in the report is a lot of money for a thoroughfare
that would not continue the Civic Center area at Third Street but thought the matter still deserves
consideration and would like to work with staff at a future date. He noted his initial thought was for
the installation of a crosswalk with a stop sign at a cost of approximately $200 but advised it was not
found to be safe at this particular location.
Council Member Winningham noted Council Member Cartozian had an interest in making
visitation to the arch more accessible for the public and stated he was willing to support him. He
noted he had asked staff to look at an alternate way to access the arch without crossing at the bend in
Civic Center Drive but could not support the proposed alternative that would cost $30,000.
It was moved by Council Member Cartozian, seconded by Council Member McCarthy and so
ordered to receive and file.
DONATION OF OUTDATED MOBILE DATA TERMINALS (MDT’S) TO THE LOS
ANGELES COUNTY FIRE DEPARTMENT
Chief Sauter explained mobile data terminals are a communications tool each Fire Department
apparatus has in its cab, as well as in the Joint Powers Communication Center, to provide specific
information and convey the status of the unit to the dispatch center without the use of radio
transmission via voice. The MDT’s also provide alarm notification response information such as
address and assigned unit, reported hazardous materials and site information, and unit-to-unit
messaging abilities. He noted the older MDT units were purchased in 1993 and were used until
December of 2001. He reviewed the additional benefits provided by the new units, such as allowing
larger computer files, building pre-plans, and staff rosters to be passed along. They also operate as an
extension of the alarm center and offer the status of all area fire units through the screen. They are
like a lap top computer and have a touch screen to work inside a fire engine, which is well
appreciated when trying to type as the unit is driven down the road. He advised the Department’s
investigation found the older MDT units have little value and few departments still utilize them. He
advised the City was recently contacted by the Los Angeles County Fire Department Communications
Department for the status of our 1993 MDT units, noting they would like to utilize our old units for
parts to keep their 300-400 units in service. If approved, the Fire Department will work with the
Finance Department to transfer this equipment to the County.
Council Minutes 11-26-02 -8-
01434';
It was moved by Council Member McCarthy, seconded by Council Member Winningham and
unanimously carried to donate outdated Downey Fire Department Mobile Data Terminals to the
Los Angeles County Fire Department.
Lennie Whittington, 8542 Manatee Street, inquired if the City will receive any benefit from
this transfer of equipment to the County and was informed the equipment is of no actual value to the
City and the gesture is considered a good public relations tool.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
CASH CONTRACT NO. S.S. 505 – GARDENDALE STREET PAVEMENT
REHABILITATION
Lennie Whittington requested clarification about what each city will appropriate, pointing out
the staff report says the City of South Gate will reimburse the City of Downey but also notes each city
will pay $90,000.
Mayor Perkins advised that Gardendale Street divides South Gate and Downey, which is why
the Cities of South Gate and Downey will each pay half for this project. He noted a contract has been
signed by the Mayor of South Gate, their City Clerk and their City Attorney agreeing to the project.
Mr. Caton advised the reason the City of South Gate’s appropriation is the only one in staffs
recommendation is that Downey has already appropriated its portion.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously carried to:
1. Adopt
RESOLUTION NO. 6617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A FUNDING AGREEMENT WITH THE CITY OF SOUTH
GATE FOR THE PAVEMENT REHABILITATION AND RELATED
WORK ON GARDENDALE STREET, FROM THE WEST CITY LIMITS
TO THE RAILROAD TRACK
2. Approve Plans and Specifications and grant authority to advertise for bids on Cash
Contract No. S. S. 505, Gardendale Street Pavement Rehabilitation; and
3. Appropriate $90,000 for the project to be reimbursed by the City of South Gate.
Council Minutes 11-26-02 -9-
014345
APPROPRIATION OF FUNDS AND APPROVAL OF GRANT TO THE DOWNEY
GIRL’S PO)ryTAil ASSOCIATION
Mr. Jarrett mentioned the Council was recently approached by representatives of the Downey
Girls’ Ponytail Association requesting City participation in their snack shack project. He noted the
Ponytail Association has been raising funds for the past fifteen years to construct a new snack shack
at Independence Park where they hold their baseball games and have advised the total project will
cost between $110,000 and $120,000, excluding equipment. He advised the Council discussed their
request and recommended staff bring back a recommendation to appropriate funds to this
organization. He noted staff worked with the City Attorney and is recommending the City award a
grant to the Ponytail Association, who will be responsible to use the funds as they see fit. He stated it
is expected they will move forward with the construction of their snack bar facility. He noted the
disbursement of funds will take place in two installments, one in December and one in March 2003 .
Council Member Winningham referred to a comment made during oral communications
suggesting this group could go out and raise these funds themselves. He pointed out the Ponytail
Association has raised $85,000 over the last 15 years and is to be congratulated. He stated he looked
forward to visiting Independence Park when the snack shack project is completed.
It was moved by Council Member Winningham, seconded by Council Member Cartozian, and
unanimously carried to appropriate and approve a $40,000 grant to the Downey Girl’s Ponytail
Association from unappropriated General Funds.
CASH CONTRACT NO. 631 – PARKING LOT REHABILITATION DOWNEY MAIN
POST OFFICE (8111 FIRESTONE BOULEVARD) (ACCOUNT NO. 40-13953
Council Member Cartozian stated he was happy to see that Ruiz Engineering Company has
completed the work on this contract. He noted he had requested staff contact the Downey Main Post
Office regarding the current landscaping along Firestone Boulevard and asked for a status report.
Mr. Alvarez advised staff contacted the Postmaster and was advised this will move slowly as
the Post Office must locate funding for modifications and will look into doing so. He noted they
understand the City’s interest in improving the appearance of this area and share that same interest.
It was moved by Council Member Cartozian, seconded by Council Member Winningham, and
unanimously calried to accept the improvements constructed and the maintenance responsibility
for the work completed for the Downey Main Post Office parking lot rehabilitation.
Council Member Trejo inquired if only landscaping improvements or improvements to the
whole facility were discussed and was informed it was just the landscaping. He also asked if
remodeling the entire Post Office was brought up and was advised it was not brought up in the recent
discussions. It was noted this has been brought up with the Post Office in the past and has been
turned down.
Mr. Caton stated the Post Office has had an interest in remodeling over the years and did
acquire property on Imperial Highway where they built a new Post Office but the main Post Office
never seems to get beyond the discussion stage.
Council Minutes 11-26-02 -10-
014346
EXTENSION OF NASA LICENSE AGREEMENT FOR ONE (1) ADDITIONAL
YEAR TERM
Mr. Whittington stated his support of this agreement and thanked Mr. Caton and staff for
installing gates to prevent cars for sale being parked on the corner of Stewart and Gray Road and
Lakewood Boulevard, which he felt was a good improvement.
It was moved by Council Member Winningham, seconded by Council Member Trejo, and
unanimously carried to extend the Revocable License Agreement between the City of Downey
and the National Aeronautics and Space Administration (NASA) for management of the former
Downey NASA property at 12214 Lakewood Boulevard for one (1) additional year.
Council Member Cartozian referred to the Financial Impact section of the staff report where it
states the City will receive reimbursement of expenses incurred for management of the property and
requested staff itemize these figures and forward copies to the Council.
Mayor Perkins advised the NASA Sub-committee met today and copies of those figures were
distributed. He requested Mr. George forward copies to the other three Council Members.
Council Member Cartozian requested this information be furnished on a regular basis to
which staff agreed.
EXTENSION OF PROJECT MANAGEMENT CONTRACT WITH MR. DAVID
RODRIGUEZ
Lennie Whittington advised he was not opposed to the raise recommended but felt there was
an error in the staff report. He referred to Exhibit “B” where it states the City shall pay an hourly fee
of $60 for the term of this agreement and noted the last page of the staff report, Addendum to
Agreement, No. 2, states Exhibit “B” is amended to be $96 per hour and felt this should read $66.
Mayor Perkins asked the City Clerk to take note of this error.
It was moved by Council Member Winningham, seconded by Council Member Trejo and
carried by the following vote to extend the Agreement and increase the hourly rate by $6/hour.
AYES 4
NOES I
Council Members: Trejo, Winningham, McCarthy, Perkins
Council Members: Cartozian
Prior to the vote, Council Member Cartozian referred to budget restraints being felt
nationwide and stated he supported the contract extension but did not agree with the hourly rate
lncrease.
Council Member McCarthy pointed out the cap on the contract is still $100,000 per year.
Later in the meeting Mr. Vose referred back to this item for a point of clarity. He noted
discussion resulted in a miscommunication in terms of the exact amount of the hourly fee and wanted
make the sure the Council was not mislead by it.
Council Minutes 11-26-02 -11-
. 0143/t ‘
Mr. C'aton advised it was brought to his attention that the 1999 hourly rate for this contract
was $60 per hour, however, over the years Mr. Rodriguez has been utilized for more complicated
negotiation matters and the rate was raised to $90 under the authority granted to the City Manager
within the contract. He noted the matter before the Council is whether to move this hourly amount
from $90 to $96 per hour.
Mr. Vose noted this is an issue of clarity, as the motion was to increase the present amount by
$6 per hour. He wanted to make sure the Council understood the increase was not from $60 per hour
to $66 but was from $90 per hour to $96 and stated if this is understood, no further action is required.
Mayor Perkins clarified that the total compensation under the agreement is still not to exceed
$ 100,000.
After discussion, Council Members Trejo, Winningham, McCarthy and Perkins concurred
they were in agreement with the $6 raise from the present $90 per hour amount.
Lennie Whittington referred to Exhibit “B” where it states $60.
Mr. Caton advised Mr. Whittington that the contract attached is the 1999 contract. He
referred to Page 1, Section 4, Additional Services, and read the third sentence, which states “unless
such additional services are authorized in advance and in writing by the City Council or City Manager
of City. Consultant shall be compensated for any additional services in the amounts and in the
manner agreed to in writing by the City Council of City Manager” and noted he has raised the hourly
rate over the years.
STREET SWEEPING SERVICES CONTRACT EXTENSION
Council Member McCarthy noted the updated staff report addressed one of his concerns but
inquired how the process of seeking proposals discussed at the previous Council Meeting will affect
the renewal or extension of this contract.
Mr. Caton responded it will not affect the renewal or extension of the contract and is an
option, if the Council wishes to exercise the 60-day notice to terminate the contract. He noted the
item before the Council is permission for a five-year extension of the existing contract. He also
pointed out staff will try to bring the new proposals to the Council at its December 10 Meeting and if
they do not meet Council’s satisfaction, the current contract will continue.
Steve Dickson, R. F. Dickson Company, noted he has talked to staff about continuing the
contract with the same terms and conditions in effect for the last fifteen years, with five-year
Increments.
In response to Council Member Cartozian, Mr. Alvarez explained the existing contract is
being extended under its current terms and conditions for five years tonight and a separate request for
proposal process is underway. He noted the proposals received will be evaluated and brought to the
Council for consideration, as to whether or not it wishes to make changes from the present
contractor’s terms and conditions.
Council Minutes 11-26-02 -12-
014343
Mr. Vose advised if the Council decides to go with the terms and conditions in the new
proposals, it has the option to cancel the present contract by giving 60 days notice.
Lennie Whittington referred to a comment from Council Member McCarthy about an updated
staff report and noted the law requires the public to be advised of any changes. He pointed out there
was no updated copy in the public packet and requested staff remember to place a copy in the public
packet. Mayor Perkins thanked Mr. Whittington for bringing this to the Council’s attention.
Council Member Winningham inquired if the current contractor must submit a proposal in the
new requests for proposal process and was informed he does not. He noted business operators
typically renegotiate contracts due to increasing outside costs and inquired where cost adjustments
come into play if the existing contract is renewed. He was informed the contract has a provision for
price adjustments to cover increases in expenses and has been exercised in the past. It was also noted
the contractor is limited to a reasonable amount to recover the actual cost.
It was moved by Council Member McCarthy, seconded by Council Member Winningham, and
unanimously carried to authorize the City Manager to extend the City Street Sweeping Contract
with the R. F. Dickson Co., for an additional five years with no changes to the existing contract.
ORDINANCE NO. 1137
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
Council Member McCarthy advised he was not in support of this item and Council
Member Cartozian requested the reasons why. He stated he did not support Section 3334
detailing the prohibition of discharging fireworks in the public right-of-way and Section
3338.1 regarding the issuance of sales permits where it notes a lottery drawing to select
firework stand permittees. He felt the remainder of the Ordinance was reasonable.
Council Member Cartozian noted he had the same concerns. He stated he understood
the inclusion of the language in Section 3334 for legal reasons but requested the Police
Department continue the current method of enforcement, which he felt was sufficient. He
referred to the lottery drawing and would like to see the lottery applied to openings when the
current number of stands, presently set at 18, drops below that figure. He suggested groups
interested in filling voids should be in the lottery and requested the language be changed. He
felt Section 3334 was fine, as long as the current means of enforcement are utilized.
Mayor Perkins requested Council Member Cartozian advise suggested wording for
Section 3338.1 (b).
Council Member Cartozian advised suggested language read “each year a lottery
drawing will be performed for any groups to fill the void of numbers lower than 18 and all
qualified groups will have an equal opportunity.”
Council Minutes 11-26-02 -13-
01434 '.1
Mr. Vose noted the Ordinance would have to be re-introduced if the language
suggested by Council Member Cartozian were approved. He pointed out the language in the
current Code allows what Council Member Cartozian has suggested and could remain, if this
is the decision of the Council.
Council Member Wirmingham referred to the intent of the Council when it gave
direction to staff at the previous meeting regarding this Ordinance and felt the understanding
was that all not-for-profit organizations who met the criteria for the application would be
eligible to enter the lottery for a drawing so no one group would be dependent upon this
fundraiser and dates were changed for this reason. He inquired if the other Council Members
now do not wish to have the lottery system.
Council Member Trejo advised he preferred the language as proposed, noting the
Council discussed this issue previously and he was satisfied with the Ordinance as it reads.
It was moved by Council Member Trejo, seconded by Council Member Winningham,
and carried by the following vote to waive further reading and adopt.
AYES 4
NOES I
Council Members: Cartozian, Trejo, Winningham, Perkins
Council Members: McCarthy
Prior to the vote, Lennie Whittington stated his understanding when this was
discussed previously was that all groups would have equal footing in the lottety instead of
allowing the same groups to run stands each year. He also noted his concern with the fact the
City Attorney advised at the last Council meeting that is has always been against the law to
discharge fireworks in the street and felt Council Member Cartozian is suggesting the Police
and Fire Department look the other way and keep enforcement as it has been in the past. He
wanted to see the Ordinance go forward and be enforced.
Council Member Cartozian advised he was not saying not to enforce these laws but
felt the Police have been doing an adequate job of enforcement in the past. He did not want
Police and Fire to go out of their normal practice of enforcement, as their resources are
limited
Mr. Whittington responded he felt the Police and Fire Department have not been
enforcing this law and have not been ticketing people for discharging fireworks in the street.
He would like to see them enforce this law, if passed.
Council Member Cartozian advised he would support Section 3338.1 as written.
Mr. Vose referred the Council to Agenda Item 12, EXTENSION OF PROJECT
MANAGEMENT CONTRACT WITH DAVID RODRIGUEZ, for a point of clarity. (See
Page 11 for further comments on this item.)
Council Minutes 11-26-02 -14-
0143 ii ;i
OTHER BUSINESS - Council Members
DISCUSSION OF AGREEMENT WITH LEHMAN-ENGLISH AND ASSOCIATES
FOR GENERAL ADVOCACY SERVICES IN SACRAMENTO
Mayor Perkins requested this item be continued to the Council Meeting of December 10, to
which the other Council Members agreed.
Council Member Canozian thanked Council Member Winningham for his dedication and
excellent work effort over the last four years./
Council Member Trejo directed staff to look into the City hosting tournaments for flag
football and basketball next year to showcase the City’s parks.
Council Member Trejo thanked Council Member Winningham for his leadership and
knowledge and stated it has been a pleasure working with him.
Council Member McCarthy thanked Council Member Winningham for his dedication and
leadership in the community and commended his work ethic.
Council Member Winningham thanked his colleagues on the Council for their nice
comments.
Council Member Wirmingham requested the Council meet with staff regarding sales tax
revenues in the City and review the revenue produced by auto sales, which he noted is a major
component of the City’s sales tax dollars. He hoped the Council would take the time to visit this
issue to see if any special attention can be given to the City’s auto dealers.
Mayor Perkins recognized newly elected Council Member for District 4, Anne Bayer, in
the audience and thanked her for attending.
Mayor Perkins noted this is his last meeting as Mayor and stated he has mixed emotions. He
noted he will have more time for his regular job but has enjoyed this time in his life where he has
been able to serve the City. He thanked his colleagues and staff for their support.
OTHER BUSINESS - Staff Members
Mr. Caton thanked the Mayor for his leadership especially since recent meetings have been
very difficult to chair.
Mr. Caton commended Council Member Winningham and stated he has never met a
Council Member who has worked harder.
Mr. Caton mentioned meeting with newly elected Council Member Anne Bayer and looks
forward to working with her.
Council Minutes 11-26-02 -15-
. 014331
ADJOURNMENT: 10:23 p.m.
The meeting adjourned in memory of Clark Beardslee, longtime Downey resident, a
published poet, and a member of American Legion Post 270, to 6:00 p.m., December 3, 2002, for
the Council Reorganization Meeting in the Council Chamber of Downey City Hall.
IWM@&
Kathleen L. Midslokke, City Clerk
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Council Minutes 11-26-02 -16-