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Home My WebLink AboutMinutes - 10-28-97 - Regular Meeting10748 MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING OCTOBER 28, 1997 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:30 p.m., October 28, 1997, 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 Ron Irwin. Fire Chief Mark Sauter, Assistant Chief/Fire Marshal Craig Gunther, Special Counsel June Yotsuya, Assistant to the City Manager APPROVAL OF CLOSED SESSION MINUTES - OCTOBER 14, 1997 It was moved by Council Member/Commissioner Brazelton, seconded by Council Member/- Commissioner McCaughan, and unanimously carried to approve the Closed Session Minutes of October 14, 1997. CLOSED SESSION Mayor/Chairman Riley announced the Council/Commission is recessing to Closed Session (6:31 p.m.) to discuss the following Sections of the Government Code: A. SECTION 54956.9 - Subdivision (a) - Conference with Legal Counsel - Existing Litigation: Long Beach Heritage vs. Board of Harbor Commissioners. B. SECTION 54956.9 - Subdivision (b) - Conference with Legal Counsel - Anticipated Litigation - exposure to litigation (two potential cases). C. SECTION 54956.9 - Subdivision (c) - Conference with Legal Counsel - Anticipated Litigation - initiation of litigation (one potential case). City Council/Community Dev. Comm. Minutes (adj .) 10/28/97 -1- tO 740 The meeting reconvened in open session at 7:38 p.m. with all Council Members/- Commissioners present. The meeting recessed at 8:53 p.m ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:17 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 8:25 p.m The meeting reconvened at 8:25 p.m. with all Council Members/Commissioners present and immediately recessed. The meeting reconvened in open session at 8:52 p.m. with all Council Members/- Commissioners present. Mr. Vose announced the following action on Item IV-A: It was moved by Council Member/Commissioner Lawrence, seconded by Council Member/- Commissioner McCarthy to authorize the City Attorney to join the City of Downey, at no cost to the City, as Amicus in the League of California Cities’ Brief in Support of the City of Long Beach in the case entitled Long Beach Heritage v. Board of Harbor Commissioners, et al., 2 Civil No. Bl12374. ADJOURNMENT: 8 :53 p.m. 'k4_% kb,Y'atE Edith E. McDonnell, City Clerk/Secretary Barbara J Mayoj :hairman h'\cclerk\sconte\ajmn 1 028 City Council/Community Dev. Comm. Minutes (adj.) 10/28/97 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appreciation to Judge Brian Gasdia for service on the Planning Commission, Dist. 3 Proclamation re Red Ribbon Week Celebration, 10/23-31/97 Removal of Items from Consent Calendar 2 2 2 Council Minutes: Adjourned & Regular Meetings, 10/28/97 Approved ApprovedWarrants Issued: 136913 - 137365, $1,724,320.04 Traffic Signal - Old River School Rd. & Laura St.: Approve plans & specs. for construction of a traffic signal under joint project with the Downey Unified School District Approved 2 2 Downey Holiday Lane Parade Permit: Approve application for 1997 Chamber of Commerce Downey Holiday Lane Parade Approved Agreement for consultant services between the City and SCS Engineers for environmental investigation of Parcels 3, 4, 5 & 6 of the NASA site: Approve the agreement & allocate $75,000 for environmental investigation Approved 2 2 Res. #6109, approving the appointment of Fred Borneman to Traffic Committee, Dist. 1 Adopted Res. #6110, opposing the designation of the L. A. River within the 82 sq. mile flood plain area in S. E. L. A. County as an American Heritage River Adopted 3 3 Administrative Hearing re appeal of entertainment & billiard permits for Chi Hung Mak (Lion D’Or Bar) Contd. to 11/1 1/97 mtg. Cash Contract #S.S. 468 - Misc. concrete construction & repair: Accept the improvements & maintenance responsibility for improvements constructed under Part 1 Approved 3 \ PAGE 1 OF 3 COUNCIL MINUTES, OCTOBER 28, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Replacement of police telephone system: Approve purchase from Telstar Business Telephone at cost of $79, 132 from the Equipment Replacement Fund Approved 3 Geographic Information System/Feasibility study: Approve study by Strategic Visual Technologies, Inc., & appropriate $ 13,200 on a 50-50 basis from the General Fund & Water Fund Approved 4 Cn. McCarthy mentioned a book available at the Emergency Preparedness Expo & suggested citizens contact Supv. Knabe’s ofFice for a copy 4 4 Cn. McCarthy commented on the Keep Downey Beautiful clean-up 10/25/97 Cn. McCaughan noted the Emergency Preparedness Expo & Keep Downey Beautiful clean-up are indicative of the volunteer spirit in the community & expressed his appreciation Cn. McCaughan indicated he is awaiting a response to items mentioned at the last Council Meeting Cn. Lawrence mentioned representing the City at the National Trust for Historic Preservation Honor Awards where the historic McDonald’s was honored Cn. Lawrence thanked the Emergency Preparedness Committee, the Public Works Dept. & public safety offices for their input in the first Expo held 10/18/97 Cn. Lawrence commented on the Keep Downey Beautiful clean-up Cn. Lawrence requested a stafFrepon re the installation of stop lights at intersections on Downey Av. at Second St. & Third St. Cn. Lawrence mentioned that senior citizens looked forward to a traffic signal enabling them to cross from the west side of Brookshire Av. to the Hospital PAGE 2 OF 3 COUNCIL MINUTES, OCTOBER 28, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Lawrence mentioned attending a Hospital Foundation Board of Directors Meeting where the Council was precluded from the closed session. She requested a future agenda item to discuss whether the $1 a year property lease could be modified 5 5 Cn. Brazelton congratulated the departments who contributed to the Emergency Preparedness Expo Cn. Brazelton requested an agenda item at the next Council Meeting calling an election to vote on retaining the Charter provision relating to police and fire services 5 5 5 6 6 6 Mayor Riley commended the work done for the Emergency Preparedness Expo & all volunteer work in the City City Council Members & City Manager attendance at Hospital Board Meetings Ref. to City Attorney Mr. Caton re flood control project and initiation by Federal Government to place Downey in a flood plain Mr. Caton read letters received complimenting City Police Officers for services beyond the call of duty Dr. Verner Waite re Hospital Board Executive Session Meetings Mr. Lennie Whittington mentioned his opposition to removal of the Hospital’s paramedic radio station; concurred with Council Member McCaughan’s comments re commercial trucks parking on City streets; and noted his dissatisfaction with excessive noise from the Hospital’s emergency generators Adjourned in memory ofErny Briggs Meeting adjourned to 6:30 p.m,, November 11, 1997 h:\cclerk\sconte\tabl 1028 PAGE 3 OF 3 10750 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1997 The City Council of the City of Downey held a regular meeting at 7:43 p.m., October 28, 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 Proem 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 Lowell Williams. Director of Finance Bob Brace, City Engineer John Finch, Police Captain Mark Sauter. Assistant Chief/Fire Marshal Ron Yoshiki, Asst. Director of Community Dev./City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Council Member McCaughan presented a Certificate of Appreciation to Judge Brian Gasdia for his service on the Planning Commission, District 3, for the last five years. Mayor Riley presented to Belinda Wing, Downey Council PTA Red Ribbon Chairperson, and students from the City’s four area middle schools, Kristal Aragon, Carmen Lainez, Jennie Casey and Camile Cu, a Proclamation declaring the week of October 23-31, 1997 as Red Ribbon Week Celebration, the goal of which is to present a unified and visible commitment to a drug-free America The students thanked the Council for their support and presented them with “Be Healthy and Drug Free” bracelets to wear during this event. HEARINGS: None Council Minutes 10/28/97 -1- 1 0751 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI-C-1, CASH CONTRACT NO. S.S. 468 - MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR, was removed at the request of Council Member McCarthy. Agenda Items VI-E-4, REPLACEMENT OF POLICE TELEPHONE SYSTEM, and VI- E-5, GEOGRAPHIC INFORMATION SYSTEM/FEASIBILITY STUDY, were removed at the request of Council Member McCaughan CONSENT CALENDAR Council Member Lawrence announced she would abstain from voting on Agenda Item VI-E-3, AGREEMENT OF CONSULTANT SERVICES BETWEEN THE CITY OF DOWNEY AND SCS ENGINEERS FOR ENVIRONMENTAL INVESTIGATION OF PARCELS 3, 4, 5, & 6 OF THE NASA SITE, due to a potential for conflict of interest. It was moved by Council Member McCaughan, seconded by Council Member Brazelton, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended, with the abstention on Item VI-E-3 as noted: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, OCTOBER 14, 1997: Approve. WARRANTS ISSUED: NO. 136913 - 137365: $1,724,320.04: Approve. TRAFFIC SIGNAL - OLD RIVER SCHOOL ROAD AND LAURA STREET: Approve the Plans and Specifications for construction of a traffic signal under a joint project with Downey Unified School District: Approve. DOWNEY HOLIDAY LANE PARADE PERMIT: Approve the parade permit application for the 1997 Chamber of Commerce Downey Holiday Lane Parade: Approve. AGREEMENT FOR CONSULTANT SERViCES BETWEEN THE CITY OF DOWNEY AND SCS ENGINEERS FOR ENVIRONMENTAL INVESTIGATION OF PARCELS 3, 4, 5, & 6 OF TIIE NASA SITE: Approve the agreement and allocate $75,000 for environmental investigation: Approve. RESOLUTION NO. 6109 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRED BORNEMAN TO THE TRAFFIC COMMITTEE, COUNCILMANIC DISTRICT ONE Council Minutes 10/28/97 -2- I O?5'2 RESOLUTION NO. 6110 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE DESIGNATION OF THE LOS ANGELES RIVER WITHIN THE 82 SQUARE MILE FLOOD PLAIN AREA IN SOUTHEAST LOS ANGELES COUNTY AS AN AMERICAN HERITAGE RIVER ORDINANCES: None RESOLUTIONS: None ADMHVISTRATIVE REPORTS ADMINISTRATIVE HEARING RE: APPEAL OF ENTERTAINMENT AND BILLIARD PERMITS FOR CHI HUNG MAK (LION D’OR BAR) At the request of the City Manager, it was moved by Council Member McCarthy, seconded by Council Member McCaughan, and unanimously carried to continue the administrative hearing to the November 11, 1997 Council Meeting. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval CASH CONTRACT NO. S.S. 468 - MISCELLANEOUS CONCRETE CONSTRUCTION AND REPAIR (ACCT. NOS. 26-16468 AND 25-13942) Council Member McCarthy thanked the Public Works Department for improvements made in District 1 with regard to sidewalk repair and the construction of a wheel chair ramp at Century and Rosecrans. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to accept the improvements and maintenance responsibility for improvements constructed under Part I of Cash Contract No. S.S. 468 - Miscellaneous Concrete Construction and Repair. REPLACEMENT OF POLICE TELEPHONE SYSTEM Council Member McCaughan requested clarification that the telephone system would be replaced during the current remodeling and construction phase and be similar to the new system at City Hall, and the response was yes It was moved by Council Member McCaughan, seconded by Council Member, and unanimously carried to approve the purchase of a replacement telephone system for the police facility from Telstar Business Telephones at a cost of 379,132 from the Equipment Replacement Fund Council Minutes 10/28/97 -3- 1. 0753 GEOGRAPHIC INFORMATION SYSTEM/FEASIBILITY STUDY Council Member McCaughan voiced his support for this study and advised it would encompass both safety related services and City Hall services. It was moved by Council Member McCaughan, seconded by Council Member Lawrence, and unanimously carried to approve a study for a Geographic Information System to be completed by Strategic Visual Technologies, Inc., and appropriate $13,200 on a 50-50 basis from the General Fund and Water Fund for said study. Council Member Lawrence mentioned her support for this study and requested that the system chosen have the flexibility for more than day to day issues. OTHER BUSINESS - Council Members Council Member McCarthy mentioned a book made available at the Emergency Preparedness Expo on Saturday, October 18th, at Warren High School, “The Homeowners Guide for Flood Debris and Erosion Control”, and suggested citizens contact Supervisor Knabe’s office for a copy Council Member McCarthy commented on the Keep Downey Beautiful clean-up on Saturday, October 25th, stating it was a great event and complimented the Warren High Key Club for their help. Council Member McCaughan noted the Emergency Preparedness Expo and Keep Downey Beautiful clean-up, noting these events are both indicative of the volunteer spirit in the community. He expressed appreciation to all staff and citizens who helped make this possible. Council Member McCaughan indicated he is still awaiting a response to items he mentioned at the last Council Meeting. Council Member Lawrence mentioned she represented the City at the National Trust for Historic Preservation Honor Awards presented in Santa Fe, New Mexico, where the historic McDonald’s was honored, along with other notable honorees. The City will receive a copy of the certificate given to McDonald’s for display at City Hall. Council Member Lawrence advised she attended the Emergency Preparedness Expo and thanked this committee, the Public Works Department and the public safety offices for their input Council Member Lawrence commented on the Keep Downey Beautiful clean-up, mentioning that a local business owner on Downey Avenue showed what one person can do by sweeping his block and another block and helping the Downey High Normaneers plant snapdragons. Council Member Lawrence discussed traffic problems and requested a stafF report regarding the installation of stop lights on Downey Avenue at intersections of Second Street and Third Street Council Minutes 10/28/97 -4- 10754 Council Member Lawrence mentioned that senior residents of retirement facilities llear Downey Community Hospital are looking forward to having a traffic signal enabling them to cross from the west side of Brookshire Avenue to the Hospital. Council Member Lawrence reported on her attendance at the Downey Community Hospital Foundation Board of Directors Meeting held today, where the Council Members in attendance were precluded from discussions concerning a particular agenda item because it was held in closed session. She reviewed the financial audit of the Hospital, noting the for-profit ventures appear to be lucrative for the businesses and top executives. She requested a future agenda item to discuss whether the $1.00 a year lease for the Hospital property can be modified to provide a more fair market value back to the community and also to discuss whether this would require a vote of the people. Council IVlember Brazelton congratulated the departments who contributed to the Emergency Preparedness Expo, noting it was very well presented and provided helpfUI information to the public. Council Member Brazelton mentioned hearing that elements of the Fire Department are still contemplating an action to go with the County, and noted that a key provision of the original City Charter was that the City would provide its own public safety, police and fire. He requested the next agenda include an item calling an election to vote on retaining the Charter provision relating to police and fire services. Mayor Riley commended the work done for the Emergency Preparedness Expo and all the volunteer work going on in the City. CITY COUNCIL MEMBERS AND CITY MANAGER ATTENDANCE AT HOSPITAL BOARD MEETINGS Mayor FUley asked the City Attorney for direction as to how many City Council Members can attend Hospital Board Meetings. She advised the Council was appointed as ex-officio members to oversee monies of the Hospital but does not have knowledge of these afFairs as money is being put into the for-profit entities and the Council is excluded from all executive sessions where this is discussed. She noted the lease gives the hospital the right to form for-profit groups but feels the Council has the right, as ex-officio members, to know the status of these groups, how much their loans are, and how the loans are to be paid, etc. After further discussion by the Council, Mr. Vose advised he would review the issues mentioned and report back. Council Minutes 10/28/97 -5- 1 0755 OTHER BUSINESS - Staff Members Mr. Caton advised that on Monday the Federal Government initiated the process of placing the City of Downey in a flood plain and January 6, 1998 appears to be the date the flood insurance rate maps will be issued. This means that within seven or eight months there will be mandatory flood insurance, which will cost 4 to 5 million dollars out of residents’ pockets, and is motivation to double the effort to make sure the flood control project is done very quickly Mr. Caton read two letters received complimenting the City’s Police Officers for services performed beyond the call of duty and noted these letters are representative of what happens in the Police Department and other City departments. ORAL COMMUNICATIONS Dr. Verner Waite, 5243 Vista Del Sol, Cypress, confirmed a comment by Council Member Lawrence regarding Hospital Board Executive Sessions, noting that even though Council Members were excluded, many people in the community know about the meeting referenced. Mr. Lennie Whittington, 8542 Manatee Street, mentioned Mayor Riley’s comments at the last Council Meeting regarding the elimination of the Hospital’s paramedic radio station and said he had also been in opposition of this. He concurred with Council Member McCaughan’s comments at the last Council Meeting regarding commercial truck parking on City streets and suggested staff review this and possibly establish a policy. He also mentioned his dissatisfaction with the excessive noise from the Hospital’s emergency generators, stating these have been turned on in the middle of the night on several occasions, which disturbs residents and is in violation of the City’s noise ordinance ADJOURNMENT: 8:53 p.m. The meeting was adjourned in memory of Erny Briggs, Realtor and long-time Downey resident, to 6:30 p.m., November 1 1, 1997, in the Council Chamber of Downey City Hall. metme Barbara J r, MayoB H:\ccLEitK\scoNIE\MINLrrEs\ccMNl028.WPD Council Minutes 10/28/97 -6-