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HomeMy WebLinkAboutMinutes - 10-14-97 - Regular Meeting10739 MINUTES OF THE CITY COUNCEL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 14, 1997 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:31 p.m., October 14, 1997, in the Council Chamber of the Downey City Hall, Mayor/Chairman Barbara J. Riley presiding. PRESENT:Council Members/Commissioners: Barbara J. Riley Gary P. McCaughan, M.D. Keith McCarthy Robert S. Brazelton Joyce L. Lawrence Mayor/Chairman Mayor ProTem/Vice-Chairman ALSO PRESENT:Gerald M. Caton, City Manager/Executive Director Charles Vose, City Attorney Judith McDonnell, City Clerk/Secretary Lee Powell, Assistant City Manager Craig Gunther, Cable TV Attorney Ron Irwin. Fire Chief Mark Sauter, Assistant ChieaFire Marshal June Yotsuya, Assistant to the City Manager APPROVAL OF CLOSED SESSION MINUTES - SEPTEMBER 23, 1997 It was moved by Council Member/Commissioner Lawrence, seconded by Council Member/Comrfrissioner Bruzelton, and unanimously carried to approve the Closed Session Minutes of September 23, 1997. CLOSED SESSION Mayor/Chairman Riley announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss the following Sections of the Government Code: A. SECTION 54956.9 - Subdivision (b) - Conference with Legal Counsel - Anticipated Litigation - exposure to litigation (two potential cases). B. SECTION 54956.9 - Subdivision (c) - Conference with Legal Counsel - Anticipated Litigation - initiation of litigation (one potential case). C. SECTION 54957.6 - Conference with Labor Negotiator Lee Powell re direction for negotiations with Downey Firemen’s Association. City Council/Community Dev. Comm. Minutes (adj .) 10/14/97 -1- 10740 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 mepting recessed at 7:43 p.m. ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:32 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 8:59 p.m. The meeting reconvened at 9:01 p. m. with all Council Members/Commissioners present. ADJOURNMENT: 9:01 p.m. At::+; far Iky):/Chairman ) i,£lith E. Met h:\alerk\scontc\8jmnl 014 City Council/Community Dev. Comm. Minutes (adj .) 10/14/97 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1997 TABLE OF MINUTE AC SUBJECT Proclamation re Second Chance Week, Oct. 18-26, 1997 Proclamation re Downey Emergency Preparedness Day, October 18, 1997 Certificate of Appointment to Jane Bartlett, Citizens Health & Environmental Sanitation Committee, Dist. 1 Certificate of Appointment to Bettie Skelton, Library Advisory Board, District 5 Certificates of Appointment to Edward Lok, Frank Prieto, Frank Wei and Norbert Weinberg, Design Review Board appoIntees Mayor Riley introduced new City Attorney Charles Vose Removal of Items from Consent Calendar Council Minutes: Adjourned & Regular Meetings, 10/14/97 Cash Contract #S.S. 437 - Florence Avenue - Pavement Rehabilitation Tweedy Lane to Brookshire Av.: Award unit price contract to Sully-Miller Contracting Co. Warrants Issued: 1363 18 - 136912, $1,639,903.41 Amendment to S.E. Water Coalition Joint Powers Agreement Res. #6108, authorizing the issuance of the note and execution of a contract with the U.S. Dept. of Housing & Urban Development Res. #6107, adopting the MOU between the City & the Downey Firemen’s Association Citywide survey regarding child care TIONS ACTION PAGE NO. 2 2 2 2 2 2 2 3 Approved Approved Approved Approved Adopted 3 3 \ 4 Adopted Ref. to City/ School Coord. Mtg. PAGE 1 OF 4 COUNCIL MINUTES, OCTOBER 14, 1997 TABLE OF MHqUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. 4Cn. McCarthy re Emergency Preparedness Expo 10/18/97 Cn. McCarthy re Keep Downey Beautiful Cleanup 10/25/97 4 Cn. McCaughan re preliminary data received from child care survey at Rio Hondo Elementary School 4 4 4 Cn. McCaughan requested topic of after-school recreation programs be placed on the agenda within the next month Place on future agenda Cn. McCaughan asked that a parks and recreation capital project needs assessment be on the agenda in the near future Place on future agenda Cn. McCaughan asked that staff review audits & include a cover memo before transmitting to the Council; also that a policy on audits be brought to Council for consideration Ref. to stafF 4 Cn. McCaughan requested copies of DMC sections related to oversized and overweight trucks & commercial vehicles on City streets 4 4 4 4 Cn. McCaughan requested info on how yard sales are being monitored and enforced Cn. McCaughan asked stafFto look at the condition of playing fields at Apollo Park and report back Ref. to staff Cn. Lawrence re letter received re MediaQne Cable TV issues; asked stafFto forward to Cable TV Adv. Committee Ref to Cable TV Comm Cn. Lawrence re new advertising on old bus benches & asked staff to take action to remove these benches & install new decorative benches ordered Ref. to stafF 4 4 Cn. Lawrence re .League of California Cities Annual Meeting & topics discussed Cn. Lawrence mentioned trip to the City of Monrovia to view their street beautification program; she asked staff to review costs to place moderate sized trees along Downey Av. in downtown area Ref. to stafF 5 PAGE 2 OF 4 COUNCIL MnvuTES, OCTOBER 14, 1997 TABLE OF MUqUTE ACTIONS (CONTHVUED) SUBJECT ACTION PAGE NO. Cn. Lawrence re her participation in the upcoming Keep Downey Beautiful Cleanup 10/25/97 5 Cn. Lawrence re League of Calif. Cities Conference & commended Director of Community Development Rangel on his participation in this event 5 Cn. Brazelton concurred with prior comments re a capital needs assessment for City parks & need for after-school programs Mayor Riley re League of Calif. Cities Conference; addressing the issue of a skateboard park; and a park bond the City took issue not to support Mayor Riley complimented the volunteer hours provided by City employees Mr. Caton responded to Mayor’s comment re a skateboard park & advised funds needed to refurbish present parks Mr. Caton commented on negotiations with the Firemen’s Assoc. & emphasized importance of maintaining local control Mr. Caton complimented Jerry Andrews for several outstanding developments on his property on Firestone Bl. Mr. Caton re status of floor installation in the new Gymnasium at Apollo Park Mr. Caton stressed need for residents to prepare for emergency situations and suggested they attend the Emergency Preparedness Expo 10/18/97 Mr. Caton discussed accomplishments of the Gateway Cities Council of Governments Mr. Caton commented on a victory pertaining to the LACD A project Mr. Vose re congratulatory comments on his appointment as the City Attorney 6~ PAGE 3 OF 4 COUNCIL MINUTES, OCTOBER 14, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Dorm Irving re concerns about the City’s lease with Downey Community Hospital 6 7 John McDonald re dissatisfaction with City’s procedure for handling parking tickets Betty Ferraro re her attendance at “Your Cities Families - Team Up For Action” conference; also an article in the L. A. Times re events at Centinella Hospital 7 7 Dr. David Hubbel re requiring a forensic audit on the DCH administration Jose Trujillo re areas of the City in need of improvement; and Downey YMCA girls traveling basketball team’s upcoming championship game 7 7 7 7 Barbara Briley Beard re Hospital issue Adjourned in memory of Walter E. Lee Meeting adjourned to 6:30 p.m., October 28, 1997 h:\cclerkbcontc\tabl 1 014 PAGE 4 OF 4 I0741 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 14, 1997 The City Council of the City of Downey held a regular meeting at 7:43 p.m., October 14, 1997, in the Council Chamber of the Downey City Hall, Mayor Barbara J. Riley presiding. PRESENT:Council Members: Barbara J. Riley Gary P. McCaughan, M.D. Robert S. Brazelton Keith McCarthy Joyce L. Lawrence Mayor Mayor ProTem ALSO PRESENT:Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk-Treasurer Lee Powell, Assistant City Manager Ron Irwin, Fire Chief James Jarrett, Director of Community Services Art Rangel, Director of Economic & Community Development Richard Redmayne, Director of Public Works Bob Brace, City Engineer John Finch, Police Captain Vicki Jenkins, City Librarian Al Kempik, Manager of Data Processing Mark Sauter, Assistant ChiegFire Marshal Kathy Simmons, Administrative Assistant, Public Works Ed Velasco, Manager of Housing Ron Yoshiki, Asst. Director of Community Dev./City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary +nX PRESENTATIONS Mayor Riley presented to Kathy Simmons, Administrative Assistant in the Public Works Department, a Proclamation declaring the week of October 18-26, 1997 as Second Chance Week Ms. Simmons encouraged everyone to participate in this event by giving materials a second chance by reusing, reselling or repairing them. Mayor Riley presented to Marie Larkin, Chairman of the Emergency Preparedness Committee, a Proclamation declaring October 18, 1997 as Downey Emergency Preparedness Day Council Minutes 10/14/97 -1- fF\ II)74 ? Ms. Larkin noted this will be Downey’s First Annual Emergency Preparedness Expo, which will be held at Warren High School with personnel from the Fire Department, Police Department, Red Cross, several medical groups and other vendors present. Fire Fighter Fernando de la Torre, who has given a lot of time to this committee over the last several years, stated this will be a very positive event and urged everyone to attend. Council Member McCarthy presented a Certificate of Appointment to Jane Bartlett on her appointment to the Citizens Health & Environmental Sanitation Committee, District 1. (Lisa King was not present to receive her Certificate of Appointment to the Cable TV Advisory Committee, District 1). Council Member Lawrence presented a Certificate of Appointment to Bettie Skelton on her appointment to the Library Advisory Board, District 5. Mayor Riley presented Certificates of Appointment to Edward Lok, Frank PNeto, Frank Wei and Norbert Weinberg on their appointments to the Design Review Board. (Gilbert Flores was not present to receive his Certificate of Appointment to this board) Mayor Riley introduced new City Attorney, Charles (Casey) Vose. HEARTNGS: None CONSENT CALENDAR - ITEMS FOR REMOVAL: Agenda Item VI-F- 1, ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (IAFF LOCAL 3473), was removed at the request of Mr. Jim Derry. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Brazelton, 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, SEPTEMBER 23, 1997: Approve CASH CONTRACT NO. S.S. 437 - FLORENCE AVENUE - PAVEMENT REHABILITATION TWEEDY LANE TO BROOKSIIIRE AVENUE (ACCOUNT NO. 26-16437): Award a unit price contract, totaling $621,630.65 to Sully-Miller Contracting Company for pavement rehabilitation, traffic signal, storm drain and safety improvements on Florence Avenue from Tweedy Lane to Brookshire Avenue. WARRANTS ISSUED: NO. 136318 - 136912, $1,639,903.41: Approve. Council Minutes 10/14/97 -2- IO,7.4,3 : AMENDMENT TO SOUTHEAST WATER COALITION JOINT POWERS AGREEMENT: Approve. RESOLUTION NO. 6108 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE ISSUANCE OF THE NOTE AND THE EXECUTION OF A CONTRACT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR $1.4 MILLION HV LOAN GUARANTEE FUNDS, PURSUANT TO SECTION 108 OF TITLE 1 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS: None OTHER BUSINESS - Consent Calendar - Items removed by Council Approval RESOLUTION NO. 6107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION (IAFF Local 3473) Mr. Jim Derry, 7845 Fourth Street, Chairman of Save Downey Fire Department Committee, reiterated his request from the previous Council Meeting for a commitment from the Firemen’s Association that they would withdraw all efForts to take the Fire Department to the County. He noted this efFort is still alive and the consultant is still on payroll. He urged the Council to vote no on the MOU until there is a commitment to withdraw all efForts to take fire services to the County. He requested a response and was informed by Mayor Riley that this issue would be discussed. The Resolution was read by title only. It was moved by Council Member Lawrence, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. OTHER BUSINESS - Council Members CITYWIDE SURVEY REGARDING CHILD CARE Council Member McCarthy expressed his attempt to achieve equality in child care throughout the City rather than only having child care services available at select schools. He mentioned the program at Imperial School, provided by the City, and the programs at Maude Price and Pace Elementary Schools, provided by the YMCA. He suggested this issue not be pursued this evening but be placed on the agenda of the City/School Coordinating Meeting to be scheduled in the Council Minutes 10/14/97 -3- t e 7 4 4 immediate future. Upon his motion, it was so ordered by Mayor Riley to place the issue of Citywide Child Care on the agenda of the upcoming City/School Coordinating Committee for discussion. Council Member McCarthy encouraged the public to attend the first Emergency Preparedness Expo on October 18th at Warren High School. Council Member McCarthy also encouraged participation in the Keep Downey Beautiful Cleanup to be held October 25th, noting this is a great opportunity to work with others in the community in this effort. Council Member McCaughan commented on the preliminary data received from a child care needs survey conducted during back-to-school-night at Rio Hondo Elementary School. Council Member McCaughan asked that the topic of after-school recreation programs be placed on the Council agenda within the next month. Council Member McCaughan referred to a memo regarding parks and recreation capital projects needs assessment and hoped this could be placed on an agenda in the near future. Council Member McCaughan asked that stafF review financial audits submitted and include a cover memo with the copies transmitted to the Council, explaining what the audit entails. He also requested that a policy on audits be brought back for Council’s consideration. Council Member McCaughan requested copies of the Downey Municipal Code sections relating to oversized and overweight trucks and commercial vehicles on City streets, stating he has noticed numerous infractions throughout the City Council Member McCaughan requested infornration on how yard sales are being enforced, stating he has received numerous colnplaints that more than two are being held at certain locations in the City Council Member McCaughan asked staR to look into the condition of the playing field at Apollo Park and report back on plans for improvement. Council Member Lawrence mentioned a letter received from a constituent regarding customer service issues with MediaOne Cable TV and the fact there is still no phone number published on their literature for people to call with complaints. She asked that stafFpass this on to the Cable TV Citizens Advisory Committee. Council Member Lawrence mentioned Council voted about a year ago to stop giving encroachment permits to bus bench advertisers and to replace these benches with new decorative bus benches. She noted new benches have been ordered but that she is seeing new ads appearing on the old benches. She asked stafFto take whatever action is necessary to rectify this situation. Council Member Lawrence commented on the League of California Cities Annual Meeting in San Francisco that she and Mayor Riley attended. Topics included: Council Minutes 10/14/97 -4- 107 4.5. 1.A park bond issue that was approved by the voters, which would return funds to the cities for open space or park lands, but was amended by the Los Angeles County Board of Supervisors to require that ten percent of each City’s allotment be used for at-risk youth employment. She asked staff, through the Gateway Cities Council of Governments, to look into what will be required from the cities. 2 Traffic calming techniques for pedestrian-friendly neighborhoods. She asked staff to look into this as it involves slowing traffic down on thoroughfares such as the City’s downtown area 3.A workshop dealing with the greater joint use of publicly oWned property, which ties in with after-school recreation programs. She mentioned that she, School Board Member Betty Ferraro, City Staff and Mayor Riley attended a workshop last month titled “Your City’s Families - Team Up For Action” and how everyone can work together, noting this subject will be on the agenda for the upcoming City-School Coordinating Meeting. Council Member Lawrence mentioned a recent trip to the city of Monrovia with Chamber of Commerce members to look at their street beautification program. It was mentioned that shady trees would help perk up the City’s downtown area and she asked stafF to review the costs involved to obtain moderate size trees for placement along Downey Avenue. Council Member Lawrence indicated she would be participating in the Keep Downey Beautiful Cleanup on October 25th, and focusing on removing gum from the sidewalks. Council Member Lawrence mentioned that new City Attorney, Casey Vose, attended the League of California Cities Conference in San Francisco and complimented Art Rangel, who also attended and was a major participant, for the well received class about the Gateway Cities Council of Governments and how cities are working together. Council Member Brazelton concurred with Council Member McCaughan’s comments regarding a capital needs assessment for City parks and the need for after school programs for the City’s youth. He asked that this be placed on the Recreation and Community Services Commission agenda. Mayor Riley commented on the League of California Cities Conference and noted she was most interested in the City-School programs and activities for young and old residents. She mentioned skateboard parks are being installed in many cities and felt Downey should address this issue. She noted the City took issue on the park bond issue and voted not to support it as tax payers would be paying more than the City would receive; now the City is being told how to spend those funds Mayor Riley complimented the volunteer hours provided by City employees. OTHER BUSINESS - Staff Members Mr. Caton referred to Mayor Riley’s comments regarding a skateboard park and advised it would take from 5 to 10 million dollars to refurbish the City’s existing parks. Council Minutes 10/14/97 -5- 1 {}? 4,6. Mr. Caton commented on negotiations with the Firemen’s Association, stating residents should be very proud of the Fire Department. He emphasized the importance of local control and noted all Council Members and staff want to see the Fire Department remain in the City. Mr. Caton complimented Jerry Andrews, the owner of the Downey Eagle, for creating several outstanding developments including the Home Depot, Taco Bell, Party City and Office Max on the western portion of Firestone Boulevard. Mr. Caton advised that the floor is now being installed in the new gymnasium at Apollo Park, which is expected to open in January. He mentioned that Jim Jarrett, Director of Community Services, has been working very hard to see that the Community/Senior Center and Gymnasium project is something the City can be very proud of. Mr. Caton stressed the need for residents to prepare for an emergency in case the El Nino condition causes flooding. He noted the river system has a 40 year capacity and half of the City is in a flood plain zone. He advised that an internal task force has been assembled, headed by the Public Works Department, Fire and Police Departments, and suggested everyone attend the Emergency Preparedness Expo at Warren High School on October 18th and take a hard look at their evacuation plans, supplies and other preparations for an emergency situation. He noted flood insurance requires a 30 day waiting period and advised the City is currently gathering information on this issue from the Federal Government. Mr. Caton discussed accomplishments of the Gateway Cities Council of Governments (COG), comprised of 27 cities in the region who have joined efForts on Federal and State issues. He noted the organization was largely initiated by the City of Downey and is something the City should be very proud of. Mr. Caton commented on a victory pertaining to the LACDA project, whereby the environmentalists finally agreed that the only solution to possible flood control was to complete the flood control project, increasing the sides of the riverbed by 3 to 4 feet, from Long Beach to the Whittier Narrows Dam. Mr. Vose mentioned while attending the League of California Cities Conference that many public officials congratulated him on his appointment as City Attorney for Downey, stating how fortunate he was to be working for such a fine community, ORAL COMMUNICATIONS Mr. Donn Irving, 9320 Via Arnorita, read a letter he submitted to the Council regarding his concerns about the City’s lease with Downey Community Hospital. He mentioned issues in the lease and asked what the City has done to make sure the fiduciary aspects of the lease are being adhered to and that all laws regarding the profit status of the hospital are being complied with in the best interest of the community. He requested a response to his comments. Mayor Riley advised Mr. Irving that the Council has pursued and is still pursuing the legal aspects of the lease. Council Minutes 10/14/97 -6- 1.07 ,4 ; . Mr. John MacDonald, 11028 ElmcroR, stated his dissatisfaction with the City’s procedure for handling parking tickets and the appeal process. He felt the City denied him his rights and stated the system must be changed. Betty Ferraro, 7605 Second Street, thanked the City for including her in the recent “Your City’s Families - Team Up For Action” conference and commented on the various break-out sessions held. She felt the dialogue changed when the question of, “do we care for children or do we care about children?” was brought up and suggested this be addressed at the City-School Coordinating Meeting. She also mentioned an article in the Los Angeles Times regarding events at Centinella Hospital when it was converted to a for-profit facility, noting she was disturbed to see people making cottage industries out of the plundering of community hospitals all across the nation. Dr. David Hut)bel, 12113 Julius Avenue, inquired about requiring a forensic audit on the Downey Community Hospital administration. Mr. Jose Trujillo, 13212 Stanbridge Avenue, mentioned areas in the City in need of improvement to bring them up to code. He also indicated that members of City staff are addressing the southwest portion of the City as a ghetto and asked that a code enforcement officer be sent to that area. Mr. Caton requested the names of staff members alleged to have made these comments, and Mr. Trujillo declined to issue names at this time, noting he would meet with the City Manager at a later date. Mr. Trujillo also commented on his involvement with the Downey YMCA girls traveling basketball team and its upcoming championship game November 1 st. Barbara Briley Beard, 7920 Fourth Place, commented on the hospital issue, asked who approves salaries and bonuses for the board, and referred to a hospital employee who was discharged after 24 years of service because he contacted a board member. She asked if the board used hospital funds in their lobbying efforts for exemption from the Brown Act and urged the Council to ask the board to appoint a foundation. ADJOURNMENT: 9:01 p.m. The meeting was adjourned in memory of Walter E. Lee, father of Sid Lee, Code Enforcement Officer, to 6:30 p.m., October 28, 1997, in the Council Chamber of Downey City Hall Jddith Elmch Ci; Clerk aarbara J Ma H:\CCLEPK\SCOFFrE\MINUFES\CCMNI 0148lWD \ Council Minutes 10/14/97 -7-