HomeMy WebLinkAboutMinutes - 02-22-00 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 22, 2000
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of a Citizen Commendation to Deana Soto 1
Council Minutes: Adj. & Reg. Mtgs. 2/8/00 Approved 1
Warrants Issued: 6014 — 6442, $925,531.68 Approved 2
Semi - Annual Report of Fifth Cycle Used oil Block Grant Rec. & filed 2
Janitorial maintenance agreement for parks, public facilities,
public works yards, civic center facilities, & Apollo gym &
community senior center: Approve 3 yr. contract w /Grace
Bldg. Maint. Co. Approved 2
Red curb at intersection of Ardis Av. & Foster Rd. Approved 2
Revision to cooperative agreement w /State of Calif. Dept.
of Transportation (Caltrans) to study recovering ground-
water along the I -105 Frwy.: Revision extending the
completion date Approved 2
Fire Dept. communication center equipment: Approve the
appropriation & authorize the spending of an addt'l
$28,600 Approved 2
Zone Change No. 99 -85 — for property at 10339 Foster Rd. Set hrg. for 7:30 p.m.
3/14/00 2
Zone Change No. 99 -96 — for properties at the southwest Set hrg. for 7:30 p.m.
corner of Firestone Bl. & Patton Rd. 3/14/00 2
Agreement w/Peyser Assoc., Inc. for Federal legislative
advocacy services Approved 2
Res. #6328, urging the Calif. legislature to enact & the
Governor to sign AB 1613 & AB 1794 Adopted 3
PAGE 1OF3
COUNCIL MINUTES, FEBRUARY 22, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6329, auth. the filing of a petition to the State Water
Resources Control Board contesting action in connection
w/LARWQCB Order #96 -054 Adopted 3
Res. #6330, approv. the reappointment of Ralph Jenney to ,.....
the L. A. County - Downey Regional Public Recreation Area
Comm. (Golf Course Authority), Dist. 2 Adopted 3
Res. #6331, approv. the appointment of Ed Brownlie to
the Parking Place Commission, Dist. 2 Adopted 3
Res. #6332, approv. the destruction of certain obsolete
records of the Police Dept. Adopted 3
Certification of public records — City policy: Approve
the City Attny's recommendation, w /fee of $2 per certification Approved 5
Lennie Whittington re legal issues at Brookshire Manor senior
condominiums; demolition of homes on Lakewood Bl. north of RR
tracks; and Hospital use of street for helicopter landing pad 5
Truck - impacted intersections: Lakewood/Firestone Blvds., Rec. & filed,
Paramount/Firestone Blvds., & Paramount B1./Florence Av. Ref. to staff 6
Cn. Winningham expressed empathy for legal problems
confronting the residents of Brookshire Manor 7
Cn. Winningham mentioned attending the Downey Soroptimist
Club Awards event 7
Cn. Lawrence congratulated and thanked various community
groups & their volunteers 7
Cn. McCaughan mentioned attending the Independent Cities
Assoc. Mtg. in Santa Barbara 7
Cn. McCaughan complimented the Keep Downey Beautiful
Committee 7
Cn. McCaughan complimented the Code Enforcement Div.
re their memo concerning problems in the Paramount
B1. /Gardendale St. area 7
PAGE 2 OF 3
COUNCIL MINUTES, FEBRUARY 22, 2000
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Perkins re the Friends of the Downey City Library 7
Cn. Perkins mentioned attending the Independent Cities Assoc.
Mtg. 7
Cn. Perkins mentioned attending the Downey Soroptimist Club
Mtg. 7
Mayor McCarthy mentioned attending the Downey Soroptimist
Club Spotlight on Service meeting 7
Meeting adjourned to 6:30 p.m., March 14, 2000 8
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PAGE 3 OF 3
EVE;
MINUTES OF '1'H.L; CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 22, 2000
The City Council of the City of Downey held a regular meeting at 8:03 p.m., February 22,
2000, in the Council Chamber of the Downey City Hall, Mayor Keith McCarthy presiding.
PRESENT: Council Members:
Keith McCarthy Mayor
Joyce L. Lawrence Mayor Pro Tem
Robert C. Winningham
Meredith H. Perkins
Gary P. McCaughan, M.D.
ALSO PRESENT: Gerald M. Caton, City Manager
Charles Vose, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Desi Alvarez, Director of Public Works
John Finch, Police Chief
Darrell George, Director of Community/Economic Development
Ron Irwin, Interim Fire Chief
James Jarrett, Director of Community Services
Lowell Williams, Director of Finance
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor McCarthy and Chief Finch presented a Citizen Commendation to Deana Soto in
honor of her effort in assisting a crime victim. Chief Finch introduced Ms. Soto's mother and
daughter.
HEARINGS: None
CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member Perkins, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 22,
2000: Approve.
Council Minutes 2/22/00 4-
11
WARRANTS ISSUED: NO. 6014 — 6442, $925,531.68: Approve.
SEMI - ANNUAL REPORT OF FIFTH CYCLE USED OIL BLOCK GRANT: Receive
and file: Approved.
JANITORIAL MAINTENANCE AGREEMENT FOR PARKS, PUBLIC FACILITIES,
PUBLIC WORKS YARDS, CIVIC CENTER FACILITIES, THE APOLLO
GYMNASIUM AND COMMUNITY SENIOR CENTER: Approve a three year contract
with Grace Building Maintenance Company, Inc., with the option of renewing for five (5)
additional, one -year increments: Approved.
RED CURB AT THE INTERSECTION OF ARDIS AVENUE AND FOSTER
FRONTAGE ROAD: Approve the installation of 20 feet of red curb on the south side of the
eastbound approach to the intersection of the Foster frontage Road and Ardis Avenue:
Approved.
REVISION TO COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) TO STUDY RECOVERING
GROUNDWATER ALONG THE I -105 FOR BENEFICIAL USE: Approve a revision to
the Cooperative Agreement (District Agreement No. 07 -4470) extending the completion date:
Approved.
FIRE DEPARTMENT COMMUNICATION CENTER EQUIPMENT: Approve the
appropriation and authorize the spending of an additional $28,600 from the equipment
accounts of the Communication Center budget for the purchase and installation of a new
Communication Center console: Approved.
ZONE CHANGE NO. 99-85 — A REQUEST FOR A ZONE CHANGE FROM R -1
(SINGLE FAMILY RESIDENTIAL) TO OS -PU (OPEN SPACE - PUBLIC UTILITY)
FOR PROPERTY LOCATED AT 10339 FOSTER ROAD (ASSESSOR PARCEL NO.
6280 - 005 - 800): Set hearing for 7:30 p.m., March 14, 2000, in the Council Chamber of
Downey City Hall: Approved.
ZONE CHANGE NO. 99-96 — A REQUEST FOR A ZONE CHANGE FROM C3
(CENTRAL BUSINESS DISTRICT) AND M1 (LIGHT MANUFACTURING) TO C2
(GENERAL MANUFACTURING) FOR PROPERTIES AT THE SOUTHWEST
CORNER OF FIRESTONE BOULEVARD AND PATTON ROAD (ASSESSOR
PARCEL NOS. 6255- 004 -008, 011, 900 AND 901): Set hearing for 7:30 p.m., March 14,
2000, in the Council Chamber of Downey City Hall: Approved.
AGREEMENT WITH PEYSER ASSOCIATES, INC., FOR FEDERAL LEGISLATIVE
ADVOCACY SERVICES: Approve an agreement for legislative advocacy services for a
five -month period not to exceed a total compensation of $27,900: Approved.
Council Minutes 2/22/00 -2-
RESOLUTION NO. 6328 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
URGING THE CALIFORNIA LEGISLATURE TO ENACT AND THE
GOVERNOR TO SIGN AB 1613 AND AB 1794 (regarding the Water
Replenishment District of Southern California)
RESOLUTION NO. 6329 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, AUTHORIZING THE FILING OF A PETITION TO THE
STATE WATER RESOURCES CONTROL BOARD CONTESTING ACTION
TAKEN BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD, LOS ANGELES REGION, AND ITS EXECUTIVE OFFICER IN
CONNECTION WITH LARWQCB ORDER NO. 96-054
RESOLUTION NO. 6330 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF RALPH JENNEY TO THE LOS
ANGELES COUNTY - DOWNEY REGIONAL PUBLIC RECREATION AREA
COMMISSION (GOLF COURSE AUTHORITY) FOR COUNCIL DISTRICT 2
RESOLUTION NO. 6331 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF ED BROWNLIE TO THE PARKING
PLACE COMMISSION FOR COUNCIL DISTRICT 2
RESOLUTION NO. 6332 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
OF THE POLICE DEPARTMENT
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
CERTIFICATION OF PUBLIC RECORDS — CITY POLICY
Mr. Vose explained this matter arose when he became aware that the City Clerk's office was
providing official certification of all public records upon request. It was his opinion that the intended
legal purpose of certifying a document is for the public entity to maintain custody and control of the
original documents on file, such as Minutes approved by the Council, contracts and agreements, and
certain permits that grant vested rights upon property owners. His recommendation was that the City
Council Minutes 2/22/00 -3-
Jerk be authorized to provide an official certification consistent with the Government Code and City
C p
Charter upon request for official records of the City and for certain original documents generated by
the City and required to be on file and maintained as a record with the City. Since no fee has been
established for rovidin certifications, it was recommended the Council follow the statutory authority
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given iven b the State of California to the Secretary of State, which is $5 per document.
Lennie Whittington, 8542 Manatee Street, read from the Downey City Charter, City Clerk,
Powers and Duties, Section 704 (b), pointing out that certifications are not only for original
documents. He read the last paragraph on Page 2 of the City Attorney's report regarding access to
public q
ublic records and quoted Section 6253 (b) of the Government Code, noting it does not state that
. •,
requests must be in writing. He mentioned conducting a survey of 16 cities and found that only two or
q ' '
three charge for certifications. He felt this was a policy decision and should have been referred to
the
City Council. He responded to comments from the Council, stating that when someone pays for copies
of a document on file with the City, the certification states the document is a copy of an original on
file; if documents are readily available, they should be presented within a few minutes; and he
suggested obtainin a different stamp that states the copy is a correct copy of the document on file.
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Council Member Lawrence requested clarification of the procedure whereby documents on file
in other City departments artments are brought to the City Clerk to be certified and was informed that a staff
member must deliver the documents.
Mr. Vose noted the issue of certifying documents is a question of the appropriate use of the
certification stamp in connection with certain documents. Many of the documents are not generated
p
by the City and he questioned whether the City wants to confirm the authenticity of those documents,
as opposed to giving the public the right to review the documents and obtain copies.
David Bowers, 10620 Dolan Avenue, stated if a document was miscopied and someone filed a
case, the rule of best evidence would apply. He questioned the suggested $5 fee for the certification,
and felt a lesser charge was more appropriate.
Richard B. Pridham, 10402 Bellman Avenue, suggested the City continue doing what has been
done in the past and if it becomes a problem, the options discussed can then be followed.
Council Member Winningham asked if the Council packets for each meeting are originals or
copies and was advised they are copies. He stated he considered his copy a true and correct copy
without the need for certification, noting Resolutions and Ordinances are official documents signed by
the City Clerk and the Mayor and must be held as true and accurate copies. H
t Y He did not see the need to Y
certify each and every copy of day -to -day business that is available to the public.
Council Member Lawrence stated Downey is one of the most cooperative cities in providing
documents and the City Clerk's office bends over backwards to accommodate people the same day.
She noted the p oint being considered is what documents rate certification versus others that do not
and felt staff should not be spending time on unofficial documents. She was in favor of the
recommendation by the City Attorney except for the fee amount.
Council Member McCaughan supported the City Attorney's position and recommendation.
Council Minutes 2/22/00 -4-
1 1)4
Council Member Perkins supported the recommendation by the City Attorne y but felt the $5
charge was excessive and was willing to reduce it.
Council Member Lawrence suggested the fee be set at $1.50.
Mayor McCarthy asked if receipts are offered for photocopies and the response was yes. He
questioned how frequently requests are received for certifications and was advised a couple of times a
. p
month; however, at times several requests are received at one time.
It was moved by Council Member McCaughan, seconded by Council Member Perkins, and
unanimously carried to approve the City Attorney's recommendation that the City Clerk be
authorized to provide an official certification upon request for "Official Records" of the City
and certain "Original Documents" which are generated by the City and required to be on file
and maintained as a record with the City; and to set the fee at $2 per document for affixing the
City's official certification.
ORAL COMMUNICATIONS
Lennie Whittington, 8542 Manatee Street, mentioned the senior citizens at Brookshire Manor
have been served with a court order advising them the property is being sold and that a meeting will be
held at Apollo Park tomorrow night on this issue. He noted two of the three homes on Lakewood
Boulevard north of the railroad tracks have been demolished and the area is looking much better.
He also mentioned that Downey Regional Medical Center again used the street as a helicopter
landing pad, calling out fire and police units to block Brookshire Avenue, referring to a letter sent by
former Police Chief Caldwell advising that this activity is not acceptable.
ADMINISTRATIVE REPORTS (Cont.)
TRUCK - IMPACTED INTERSECTIONS — LAKEWOOD BOULEVARD STONE
BOULEVARD, PARAMOUNT BOULEVARD/FIRESTONE BOULEVARD, AND
PARAMOUNT BOULEVARD/FLORENCE AVENUE
Mr. Alvarez narrated a visual presentation, advising that the South East Los Angeles County
(SELAC) subregion, now known as the Gateway Cities Council of Governments (COG), completed a
trucking study in 1996 to assess the impacts of trucking activities and evaluate the benefits of that
activity on the local economy. A series of recommendations were issued identifying major significant
truck corridors and the need to seek funding to improve the regions impacted by trucking activity.
Legislation was sponsored seeking funds, and $6.6 million in Federal Funds, through the
Transportation Equity Act for the 21 Century (TEA -21), was approved. These funds require a 20
percent matching fund by local agencies, and in order to meet the local agency matching fund
requirement, COG obtained a grant from the Metropolitan Transportation Authority in the amount of
$927,000. The traffic engineering consulting firm, Meyer, Mohaddes Associates, Inc. (MMA) has
been retained to study truck - impacted intersections and identify improvements and prioritize use of the
funds. The study identified 46 truck- impacted intersections in the region and broke them into three
tiers, with Tier 1 being the most adversely impacted and in need of immediate improvements. In
Downey there are three Tier 1 intersections, Lakewood Boulevard at Firestone Boulevard, Paramount
Boulevard at Firestone Boulevard and Paramount Boulevard at Florence Avenue, with funding in the
amount of $1.58 million, including $1.26 million in Federal monies and $157,00 of MTA money, with
Council Minutes 2/22/00 -5-
4
an additional $157,000 to be provided by the City. He reviewed upgrades suggested and costs
estimated at each Tier 1 intersection, noting right -of -way acquisitions are not included in this cost. In
order for the City to pursue funds, plans must be finalized, with costs for right -of -way acquisitions.
Benefits from the improvements are: Significant reduction of congestion, enhanced traffic safety, and
improved access to adjacent businesses by eliminating cueing of vehicles. He mentioned another
project, not funded in this study but worthy of review in terms of acquiring properties and initiating
discussion with property owners, is the intersection at Old River School Road and Firestone
Boulevard, the northeast and southwest corners, and he reviewed suggested improvements to this
intersection. In response to comments from the Council, he noted the costs could be more and noted
discussions will have to take place with establishments involved to arrive at right -of -way acquisition
costs. As additional costs are defined, additional funding sources will also be sought.
Council Member Perkins inquired about the rating of the intersection at Lakewood/Firestone
Boulevards and was advised it is an "F" rated intersection, which is the worst possible rating. He also
questioned why traffic studies were not done when new developments were constructed at these
intersections, such as In -And -Out Burger at Lakewood/Firestone Boulevard and Sav -On Drugs at
Paramount/Firestone Boulevard, and felt more preplanning was needed during construction of new
projects. He questioned whether the City would greatly benefit in relation to the costs involved.
Council Member Lawrence questioned which intersection would be considered the first
priority, and was informed that Lakewood/Firestone Boulevard would be first and then Paramount/
Firestone Boulevard. She noted she would like to see the Paramount/Firestone Boulevard intersection
done first before someone decides to create a new development at that corner, which could cost the
City more money.
Council Member Winningham inquired whether the funds must be used for all three projects or
can be used for just one and was informed the funds are not designated for right -of -way acquisitions
but may be negotiable once costs are refined. He referred to the upcoming project at the intersection
of Lakewood Boulevard and Rosecrans Avenue, inquiring if the turning radius is being reviewed and
was informed the upcoming project does not control the actual corner.
Mayor McCarthy mentioned the expansion at the Coca -Cola Plant has increased the amount of
truck traffic at Patton Road and Firestone Boulevard and was disappointed that with new
developments the City has to go back later to remodel the curb and right -of -way. He agreed with
Council Member Lawrence regarding the need for improvement at the southwest corner of Paramount
Boulevard and Firestone Boulevard and felt another approach is to define the intersections that require
the least right -of -way acquisition and do them first.
It was moved by Council Member McCaughan, seconded by Council Member Winningham,
and unanimously carried to receive and file the report on intersections in the City of Downey
which are adversely impacted by heavy commercial truck traffic, and authorize stag to initiate
discussions for right -of -way acquisition with appropriate property owners.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
Council Minutes 2/22/00 -6-
iT 2
OTHER BUSINESS - Council Members
Council Member Winningham expressed empathy for the legal problems confronting the
residents at Brookshire Manor and said he would attend the meeting tomorrow night to give his
support.
Council Member Winningham mentioned attending the Downey Soroptimist Club Awards
event and was truly impressed. He noted that financial assistance was given to approximately 25
individual organizations and felt the Club does an excellent job for the community.
Council Member Lawrence congratulated and complimented various community groups:
Friends of the Downey City Library for their Cole Porter High Tea, which was enjoyable and different,
with great singing; the Soroptimist and Kiwanis Clubs for their recent play; the Soroptimist Club who
presented sweetheart grants to different community organizations; the Downey Symphonic Society for
their Civil War Gala, which was an imaginative new way to raise money; the Downey Dolphins who
hosted a swim meet last Saturday where over 500 athletes competed, with State Senators, an
Assemblywoman and the Mayor Pro Tem in attendance. She mentioned pride in the community's
volunteers.
Council Member McCaughan mentioned attending the Independent Cities Association
Meeting in Santa Barbara, where a meeting was held with the Los Angeles County Police Chief s
Association, with new ideas presented for reshaping law enforcement in the future. He noted Downey
is at the cutting edge of this new development.
Council Member McCaughan complimented the Keep Downey Beautiful Committee on their
various activities and felt the City needs to continue to support this very effective committee.
Council Member McCaughan complimented the Code Enforcement Division of the Police
Department on their memo dated February 11, 2000, regarding problems that exist in the Paramount
Boulevard/Gardendale Street area. He felt it was a good example of the needs of the community and
of investing in the City's neighborhoods.
Council Member Perkins echoed Council Member Lawrence's comments regarding the
Friends of the Downey City Library, noting it was nice to see many people in attendance. He felt
the City was very fortunate to have citizens donate their time and money.
Council Member Perkins mentioned attending the Independent Cities Association Meeting
and found it very informative.
Council Member Perkins mentioned attending the Downey Soroptimist Club Meeting, noting
the Chairman of that event, Dianne Lumsdaine, is in the audience.
Mayor McCarthy mentioned attending the Downey Soroptimist Club Spotlight on Service
meeting.
OTHER BUSINESS - Stag Members: None
Council Minutes 2/22/00 -7-
1? 1 I,
ADJOURNMENT: 9:33 p.m.
The meeting was adjourned to 6:30 p.m., March 14, 2000, in the Council Chamber of
Downey City Hall.
-( ,. rei./61,-.4.;)1/Lef,j,(41
Judith E. McDonnell, City Clerk eith McCarthy, Mayor
HACCLERK\SCONTE\MINUTES\CCMNO222
Council Minutes 2/22/00 -8-