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HomeMy WebLinkAboutMinutes - 11-27-97 - Regular Meeting10769 MnvuTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 25, 1997 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:35 p.m., November 25, 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. Mayor/Chairman Mayor ProTem/Vice-Chairman (arrived at 6:40 p.m.) Keith McCarthy Robert S. Brazelton Joyce L. Lawrence 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 Lowell Williams, Director of Finance APPROVAL OF CLOSED SESSION MINUTES - NOVEMBER 11, 1997 It was moved by Council Member/Commissioner McCarthy, seconded by Council Member/Commissioner Brazelton, and unanimously carried (4-0) to approve the Closed Session Minutes of November 11, 1997: (Council Member/Commissioner McCaughan was absent.) CLOSED SESSION Mayor/Chairman Riley announced the Council/Commission is recessing to Closed Session (6:36 p.m.) to discuss the following Sections of the Government Code: Mr. Caton asked about the necessity of including an additional item to the Closed Session announcement. Mr. Vose responded that all items to be discussed and which action may be taken are listed on the agenda. A. SECTION 54956.9, Subdivision (c) - Conference with Legal Counsel - anticipated litigation - initiation of litigation (one potential case) City Council/C6mmunity Dev. Comm. Minutes (adj.) 11/25/97 -1- tO?TO B. SECTION 54956.9, Subdivision (a) - Conference with Legal Counsel - existing litigation: City of Downey vs. Kanter. Council Member/Commissioner McCaughan arrived at the meeting at 6:dO ".m. The meeting reconvened in open session at 7:30 p.m. with all Council b4enil,, i-s/- Commissioners present. Mr. Vose advised the Council took one action in closed session on Government Code Section 54956.9 (c), anticipated litigation. Upon motion by Council Member/Commissioner Lawrence and second by Council Member/Commissioner Mc Caughan, the Council voted unanimously to authorize the City Attorney to initiate litigation against the appropriate parties to obtain removal of the remaining bus benches from the public right-of-way within the City. The meeting recessed at 7:31 p.m ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:37 p.m. with all Council Members/- Commissioners present (see Oral Communications under the Regular City Council Meeting) and recessed at 8:39 p.m. The meeting reconvened at 8:55 p.m. with all Council Members/Commissioners present. ADJOURNMENT: 8:55 p.m. / --_b'J'HI b:;' / / l~.eAb#£4,<: Judith E. McDonnell, City Clerk/Secretary 7 t h:\cclcrk\sconte\8jmnl 125 City Council/Community Dev. Comm. Minutes (adj.) 1 1/25/97 -2- MINUTES OF THE CITY couNcnl OF THE CITY OF DOWNEY NOVEMBER 25, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment to Dr. Edward Mongan, Library Advisory Board, Dist. 3 Presentation of plaque to Diane Boggs-Verderber in commemoration of service on LACDA (flood control) project Presentation of awards from the National Trust for Historic Preservation to Cn. Lawrence re Downey’s Historic McDonald’s 2 Ord. #1046, extending for 12 mos. an interim urgency ord. relating to wireless communication facilities & the adoption of interim regulations for the establishment of commercial wireless services in the City Adopted 2 3 3 3 3 3 3 Removal of Items from Consent Calendar Council Minutes: Adjourned & Regular Meetings, 11/11/97 Approved Warrants Issued: 137809 - 138189, $1,400,541.13 Approved Permit to operate a taxi service - Fiesta Taxi Set hrg. 7:30 p.m. 12/9/97 T 1996-97 Community Development Block Grant (CDBG) Program amendment Set hrg. 7:30 p.m. 12/9/97 Res. #6121, granting a salary increase to the City Manager Adopted Ord. repealing Section 9166.05 of the Downey Municipal Code pertaining to Permissive Initiation of Conditional Use Permit applications Introduced 3 Citywide Street Sweeping contract: Grant authority to staff to negotiate a 5 year contract extension with the R. F. Dickson Co., Inc. & return to Council with proposal Approved Approved 4 5'Rio Hondo Elementary School - Child care survey results PAGE 1 OF 3 COUNCIL MINUTES, NOVEMBER 25, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Action adopting 1997-98 FY budgets for new Community/ Senior Center & Gymnasium Approved 6 Mr. Whittington asked Council to not permit late submittal of correspondence relating to agenda items 7 Res. #6120, adopting a mortgage credit certificate program in cooperation with the County of L. A., authorizing an application to the Calif. Debt Limit Allocation Committee in 1998, 1999 & 2000 for an allocation for the issuance of mortgage credit certificates & the transfer of such allocation to the County of L. A. Adopted as amended 7 7 7 7 Cn. BrazeIton re direction fire service issue is heading Cn. McCaughan commented on success of the Police Dept’s. checkpoint & truancy sweep programs Cn. McCarthy complimented the Police trafFic inspections & mentioned newspaper article re decrease in crime in Downey Cn. McCarthy re attendance at meeting at Cal Poly - Pomona re traffic issues, which was conducted by Erik Zandvliet, Downey’s Traffic Engineer 7 Mayor Riley mentioned a celebration honoring long-term employees & thanked all City staff for keeping the City running & making it a place its residents want to live in 8 Mr. Caton referred to an TV expose’ citing health violations at restaurant throughout So. Calif. & complimented two of Downey’s restaurant for :llaking the “near perfect” list 8 Mr. Caton re the awards ceremony for long-term employees & complimented long-term management employees for running the City so well 8 Mr. Caton thanked the Council and citizens for the agenda item approving a salary increase for him & complimented the community for the quality of its citizens & organization 8 \ PAGE 2 OF 3 COUNCIL MINUTES, NOVEMBER 25, 1997 TABLE OF MINUTE ACTIONS (CONTHVUED) SUBJECT ACTION PAGE NO. Adjourned in memory of Neva Byram, longtime Downey resident & owner of Glenwood Cleaners, former member of the City Traffic & Keep Downey Beautiful Committees, & involved in many other community activities over the years 8 8Meeting adjourned to 6:30 p.m., December 9, 1997 h:\cclcrk\sconte\t8bll 125 PAGE 3 OF 3 10771 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 25, 1997 The City Council of the City of Downey held a regular meeting at 7:34 p.m., November 25, 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 Greg Caldwell, Police Chief 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 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 Appointment to Dr. Edward Mongan for his appointment to the Library Advisory Board, District 3. (Gloria Reed was not present to receive her Certificate of Appointment to Design Review Board) Mayor Riley called Mr. Garth Gardner, Council Member of the City of Pico Rivera, and Former Mayor and Council Member Diane Boggs-Verderber to the podium. Mr. Gardner presented a plaque to Diane Boggs-Verderber, in commemoration of her service in connection with the LACDA (flood control) project. Mrs. Boggs-Verderber introduced her husband Bob Verderber and expressed appreciation to Mr. Gardner for the plaque, noting he also worked very hard on the flood control project. She commended Mr. Caton for having the foresight to lead in the creation of the LACD A A]liance, which saved citizens in the floodplain area $133,000,000 in insurance premiums for the last five years. She thanked City StafF, June Yotsuya and Dick Redlnayne, and everyone involved with the LACDA Alliance Council Minutes 11/25/97 -1- 10772 Mayor Riley presented two awards from the National Trust for Historic Preservation to Council Member Lawrence in honor of her efforts to preserve Downey’s Historic McDonald’s. HEARINGS Mayor Riley opened the public hearing on EXTENDING AN ADDITIONAL 12 MONTHS THE INTERiM URGENCY ORDINANCE RELATING TO COMMERCIAL WIRELESS SERVICE FACILITIES (CELLULAR PHONE TOWERS) IN THE CITY OF DOWNEY. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Brazelton, seconded by Council Member Lawrence and unanimously carried to receive and file. Mr. Rangel advised stafF recommends extending an Urgency Ordinance adopted on December 10, 1996 related to commercial wireless communication facilities for an additional twelve months. He mentioned a report submitted at the last Council Meeting detailing work completed to date and stated that wireless communication facilities need to be developed to insure they will meet the City’s and the industry’s requirements. A model ordinance is in process, through the Gateway Cities Council of Governments (COG), that all cities will be able to adopt. There was no correspondence received regarding this matter, Mayor Riley asked if there was anyone present who wished to speak in favor of extending the Interim Urgency Ordinance Lennie Whittington, 8542 Manatee Street, noted several cellular towers in the City and felt the moratorium should be extended to control additional facilities. There being no one else to speak, it was moved by Council Member Lawrence, seconded by Council Member Brazelton, and unanimously carried to close the public hearing. ORDINANCE NO. 1046 y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, EXTENDING FOR A PERIOD OF TWELVE MONTHS, AN INTERIM URGENCY ORDINANCE, RELATING TO WIRELESS COMMUNICATION FACILITIES AND THE ADOPTION OF iNTERIM REGULATIONS FOR THE ESTABLISHMENT OF COMMERCIAL WIRELESS SERVICES IN THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Lawrence, and unanimously carried to waive further reading and adopt. Prior to the vote, Council Member McCarthy requested clarification that there were no changes from the initial Moratorium Ordinance and he was advised there were none, this is only an extension of time to study what changes will be recommended. He asked stafFto elaborate on the Gateway Cities Council of Government and Mr. Rangel explained the organization’s purpose, the number of cities involved, and noted one of its goals is to standardize ordinances wherever possible, as in this effort. Council Minutes 1 1/25/97 -2- IOt? ? 3 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI-F- 1, RESOLUTION APPROVING AGREEMENT AUTH£*'RIZING CONTINUED PARTICIPATION IN THE MORTGAGE CREDIT CERTIFIC/\TF PROGRAM, was removed at the request of Council Member McCarthy. CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member McCaughan, 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 11, 1997: Approve, WARRANTS ISSUED: NO. 137809 - 138189, $1,400,541.13: Approve. SET HEARING FOR PERMIT TO OPERATE A TAXI SERVICE (FIESTA TAXI): Set for 7:30 p.m., December 9, 1997, in the Council Chamber of Downey City Hall. SET HEARING FOR 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AMENDMENT: Set for 7:30 p.m., December 9, 1997, in the Council Chamber of Downey City Hall. RESOLUTION NO. 6121 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A SALARY INCREASE TO THE CITY MANAGER ORDHqANCES ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALUqG SECTION 9166.05, PERTAINING TO PERMISSIVE INITIATION OF CONDITIONAL USE PERMIT APPLICATIONS Mr. Vose explained this Ordinance eliminates the pernHssive initiation concept, which is essentially a “use variance”, from the Downey Municipal Code and brings the Code into compliance with State law. The use variance concept is prohibited under Government Code Section 65906 and should be considered unusable. The Ordinance was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to waive further reading and introduce. Council Member McCarthy requested that an example of what distinction this change makes be supplied during the next Council Meeting. Council Minutes 11/25/97 -3- IO?74 RESOLUTIONS: None ADMHq]STRATrVE REPORTS CITyWDE STREET SWEEPU+G CONTRACT Mr. Redmayne advised staff was directed by the Council to survey the street sweeping costs of surrounding cities. Survey results list Downey as the fourth lowest in cost per-curb-mile of the eighteen cities surveyed and also determined that most current contracts in the surrounding cities are either extended or negotiated. He noted that the issue involving the lack of Monday sweeping after a holiday was being handled by preparing to poll citizens with two possible options to correct this problem. He mentioned that R. F. Dickson Co., Inc. has foregone four years of increases due under the present contract and has provided a high level of service to the City and requested Council’s permission to renegotiate a five-year contract extension them. It was moved by Council Member McCaughan, seconded by Council Member McCarthy, and unanimously carried to grant authority to staff to negotiate a five-year contract extension with the R. F. Dickson Co., Inc. of Downey, and return to the City Council with a proposed negotiated contract. Bruce McKenzie, 11638 Coldbrook Avenue, asked if Downey was the fourth lowest city in total-dollar cost or per-square-mile cost and the response was it was per-square-mile cost. He asked if the current contract was originally put out to bid and was advised it was issued for a ten-year period and was never put out to bid. Mr. Caton explained that the question to the Council is, do they want to go out to bid or do they want to renegotiate the existing contract with the R. F. Dickson Company. Mr. McKenzie urged the Council to put the contract out to bid. Lennie Whittington, 8542 Manatee Street, mentioned there were several companies interested in bidding for this contract ten years ago and felt it should go out to bid. He inquired about the number of vacuum sweepers furnished to the City today compared to the number furnished in 1987 and asked if the City monitors the quality of the work done by the sweepers Council discussion followed with all Council Members concurring with stafFs recommendation to renegotiate a five-year extension of the street sweeping contract with the R. F. Dickson Co., Inc. RIO HONDa ELEMENTARY SCHOOL - CHILD CARE SURVEY RESULTS Mr. Jarrett noted the Council approved, in concept, an extended school-age child care program for the Rio Hondo Elementary School and requested a survey be conducted to indicate the parental interest in this service. The survey indicated a strong interest in a child care program at this location and staff requests Council’s final approval to establish this facility. Council Member Brazelton asked for a breakdown of the number of individuals who applied their names to the survey, which was optional, and was advised this information would be provided. Council Minutes 11/25/97 -4- 10775 It was moved by Council Member McCaughan, seconded by Mayor Riley, and carried by the following vote to give final approval to the establishment of a child care program for Rio Hondo Elementary School students pursuant to Council report dated September 9, 1997. AYES: 3 NOES: 2 Council Members: Council Members: IVlcCdughan, Lawrence, Riley McCarthy, Brazelton Prior to the vote, Council Member McCarthy mentioned he had requested this issue be discussed at the City/School Coordinating Meeting and asked what discussion ensued as he was not able to attend. Council Member Lawrence advised there was not much in-depth discussion but it was noted they were waiting for the results of the ongoing survey and that the concept had been approved by both sides. She noted other after-school programs were also discussed. Council Member McCarthy asked if the recommendation is approved tonight, does it direct staff to establish a program or only to investigate the costs to staff versus contracting the program out. He was advised that the September 9th report reflects that City staff would run the program. Council Member McCarthy reiterated his concern with City government being involved in the issue of child care, and felt, if pursued, that this service should be provided throughout the community Council Member McCaughan felt this was a wonderful first step and lloped these programs would become present at every school site, Council Member Lawrence concurred that there should be more opportunities at more schools, noting this arrangement next to the park was an opportunity to address the space constraints the School District is facing, and she was in favor. Council Member Brazelton mentioned that private providers were not surveyed and that his strongest objection is against utilizing limited park space for this purpose. T Mayor Riley advised that in two years the Schoo] District will be mandated to provide this type of care and could take over this program. ACTION ADOP’I-iNG 1997-98 FISCAL YEAR BUDGETS FOR NEW COMMUNITY/SENIOR CENTER AND GYMNASIUM Mr. Caton advised the new Community/Senior Center and Gymnasium will be opening next month and the time has come for the Council to consider a budget for the facility for the remainder of the fiscal year. Mr. Jarrett explained that a separate account is being set up for these facilities to allow itemizing and identifying the costs involved, as the City has the opportunity of possibly receiving reimbursable costs from the L. A. County Parks Bond Act of 1992 for the difFerence between what was spent on operating the facilities (utilities and maintenance) before remodeling and after remodeling. Council Minutes 11/25/97 -5- It)77 S Council Member Lawrence asked if the L. A. County Parks Bond Act of 1992 was the act that the County is telling cities to designate ten percent of these funds for at-risk youth and the response was yes. She referred to prior discussions regarding the establishment of an office for police activity at this facility and asked when a police budget would be forthcoming. Chief Caldwell advised he had not planned to prepare a budget and had discussed this with Mayor Riley, noting it would be staffed by personnel already in the existing police department budget. Council Member Brazelton inquired if new personnel would be hired and Mr. Jarrett reviewed the positions that will be utilized at each facility. He asked if rules and regulations would be developed and was advised staff was surveying other communities to determine what rules were in place and were making these twice as tough to insure a quality facility, noting there would be a level of expectation from staff that the public respect and utilize the facility with care and dignity. Council Member McCaughan noted the facility has the potential to generate income to offset increased costs. He requested that the City work with the School District to allow middle school youth to play their basketball games inside and hoped the job responsibilities of new employees included imagineering revenues from sports activities, which is done in other cities. Council Member McCarthy mentioned the prior reference to County funds to cover the difference in maintenance and utility costs and asked Mr. Jarrett for a further explanation. Mr. Jarrett advised the Parks Bond Act of 1992 covers utilities and maintenance costs for operating the facility, both building and landscaping, as opposed to program costs, which are not eligible, and covers only those expenses that exceed what was previously expended to maintain the facilities before the remodeling. Council Member McCarthy asked if the citizen’s request to pour an additional concrete slab outside the building for the benefit ofrollerblading had been pursued and Mr. Jarrett advised he had discussed this idea with the gentleman and it was felt this was not the appropriate location for this type of activity. He noted there may be other areas that could be considered later on. Council Member McCarthy asked if the Parks & Recreation Department screens applicants for employment through the police department as is done by the School District, and the response was yes. Mayor Riley asked stafF to make sure the Committee on Aging had a copy of the cost of operation to take back to their group. It was moved by Council Member McCarthy, seconded by Council Member McCaughan, and unanimously carried to approve the 1997-98 Fiscal Year Budgets for the new Downey Community/Senior Center and Gymnasium facilities and amend staRing levels pursuant to the attached proposed Personnel Detail. Lennie Whittington, 8542 Manatee Street, hoped a volunteer program would be utilized for these facilities to cut down on overhead. \ Council Member Lawrence mentioned this had been requested some time ago and it was noted the highest level supervisor at the facility would work on coordinating volunteers Council Minutes 11/25/97 -6- 1077 : ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee Street, asked the Council to not permit late submittal of correspondence relating to agenda items, as this does not allow enough time for review prior to the Council Meeting. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval RESOLUTION NO. 6120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1998, 1999, AND 2000 FOR AN ALLOCATION FOR THE ISSUANCE OF MORT(,AGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATiON TO TIIE COUNTY OF LOS ANGELES Council Member McCarthy advised that this program gives the first-time home buyer a Federal income tax credit, with no cost to the City for the program, and stated the report indicates 69 families have purchased homes in Downey since 1994 when the program was initiated, with a total mortgage value of $9.3 million dollars. He mentioned he was concerned with text in the first line of the first paragraph and suggested that the word “shortage” be changed to “need.” The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to waive further reading and adopt as amended to change the word “shortage” to “need” in the first line of the first paragraph. OTHER BUSINESS - Council Members Council Member Brazelton expressed regret over the direction the issue relating to fire services is heading, noting many citizens are concerned about protecting and keeping control of the City’s police and fire protection. He cited the Los Angeles Riots as an example of how comforting it was to have the City’s own public safety protection where both were on full dIem and stopped any potential problems Council Member blcCaughan mentioned the success of the Police Department’s checkpoint and truancy sweep programs, noting word gets out to other communities and people become more alert when passing through the City. He stated these programs are important aspects of having local control over public safety services. Council Member McCarthy also complimented the Police trafFic inspections and mentioned a recent newspaper article regarding the decrease in crime in Downey. Council Member McCarthy mentioned attending a meeting last Saturday regarding trafTic issues put on by the City Traffic Engineers at Cal Poly - Pomona. He noted Erik Zandvliet, Downey’s TrafFic Engineer, is President of the organization and conducted the meeting. Council Minutes 1 1/25/97 -7- 10778 Mayor Riley noted a celebration honoring employees with 20 or more years of tenure with the City, stating this long-term employment could be credited to the fine management staff of the city. She thanked all City staff for keeping the City running and for making it a place where its citizens want to live. She said people move to Downey because of its police and fire services, as well as its programs for children and seniors. OTHER BUSINESS - StafF Members Mr. Caton referred to an expose’ by a television station citing health violations at restaurants throughout Southern California, and complimented the Southern California Gas Company and the Dominos Pizza at 7850 Imperial Highway for making the “near perfect” list. Mr. Caton mentioned that during the awards for employees with 20, 25 and 30 years of service he mentioned there has never been a City Manager in Downey who has received a 15-year pin. He felt the compliment from the Mayor regarding how the City is run is owed to long-term management employees, such as Mr. Redmayne who is retiring after 38 years with the City. Mr. Caton noted an agenda item approving a salary increase for him and thanked the Council for their support and commended the community for the quality of its citizens and organization. ADJOURNMENT: 8:55 p.m. The meeting was adjourned in memory of Neva Byram, longtime Downey resident and owner of Glenwood Cleaners, former member of the City Traffic and Keep Downey Beautiful Committees, and involved in many other community activities over the years, to 6:30 p.m., December 9, 1997, in the Council Chamber of Downey City Hall. .G.PA Mayo F)I,Z e Barbara J. H:\ccLERK\sco)frE\MrNLrrEs\ccNaql 12S.WPD Council Minutes 11/25/97 -8-