HomeMy WebLinkAboutMinutes - 07-23-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 23, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
.--- Proclamation re 1996 Parents of the Year 1
Proclamation re contributions of the Energy Resource Center 2
Res. #5976, Establishing Zone L & Confirming the 1996 -97
FY Assessments for Lighting & Landscaping District AD 121 Adopted 2
Lot Cleaning Program (Weed Abatement) : Deny protests &
affirm assessments during fiscal year 1995 -96 Approved 3
Removal of Items from Consent Calendar 3
Council Minutes: Adj . Reg. Mtg. of 6/26/96 (Mayoral
Transition) & Adj . & Reg. Mtgs. of 7/9/96 Approved 3
CC #S. S. 440/458/472 - Florence Av. /Studebaker Rd.
Resurfacing: Award contract to Sully - Miller Contracting Co. Approved 3
Warrants Issued: No. 122996-123385 Approved 3
Relocation Plan For Apollo Park Neighborhood Center
Tenants: Auth. City Manager to execute appropriate lease
agreements Approved 4
Zone Change 96 -42 - Properties at 8020, 8100 - 8148 and Set Hearing
8211 Phlox St. 8/13/96 4
Zone Change 96 -51 - Site at S.E. Corner of Paramount Bl. Set Hearing
& Firestone Bl. 8/13/96 4
Ord. #1023, Amending DMC Relative to Lighting Requirements
in the Residential, Commercial & Industrial Zones Adopted 4
Local Law Enforcement Block Grants Program Approved 5
Dr. Arthur Harvey re Downey Community Hospital 5
Frank Gasdia re meeting with Downey Community Hospital 5
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COUNCIL MINUTES, JULY 23, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Frank Perez re stockholders at Downey Community Hospital
& CareMore Medical Group 5
Dr. J. Elder Bryan re possible sale of Downey Community
Hospital & investigation by Attorney General's Office 5
Cn. Riley re concerns at Downey Community Hospital &
Senate Bill SB 1504 6
Annual Project Summary for Expenditure of Proposition A &
Proposition C Local Return Funds Approved 6
Enter Into A Contract For Professional Services for
Construction Manager with JC & Associates, Development
Consultants for construction management services for the
Downtown Parking Structure & the Community /Senior
Citizen Center & Gymnasium Approved 6
Cn Boggs re commercial trash rate increase from Calsan 7
Cn Boggs re controversies at Downey Community Hospital 7
Cn Boggs re park land for District 1 7
Cn Boggs re City's plan for future of Imperial Hwy. 7
Cn Riley re Grand Opening of new Ralphs on Firestone Bl.
& compliments received about City staff 7
Cn McCaughan re shopping cart retrieval 7
Cn McCaughan re baseball fields at Furman Park & Downey
Little Leagues 7
Cn McCaughan re exhibit about the L.A. River at the L.A.
County Museum of Natural History 7
Mayor Lawrence re report on traffic ticket service company 7
Mayor Lawrence asked when temporary sign ordinance
amendments will be coming back to Council 7
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COUNCIL MINUTES, JULY 23, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Lawrence asked about travel policy and insurance
coverage while traveling 8
Mayor Lawrence re National Korean War Veterans Armistice Referred to
Day & request to fly flag at half mast on 7/27/96 City Manager 8
Mayor Lawrence re request for update on State & local laws Referred to
regarding large family day cares City Attorney 8
Mayor Lawrence re letter from Downey Community Hospital 8
Mr. Caton re Rockwell/NASA property & trips to Washington 8
Mr. Caton re delay of flood plain regulations 8
Meeting adjourned to 6:30 p. m., August 13, 1996 8
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF D O W NEY
JULY 23, 1996
The City Council of the City of Downey held a regular meeting at 7:40 p.m., July 23, 1996,
in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
PRESENT: Council Members:
Joyce L. Lawrence Mayor
Diane P. Boggs Mayor ProTem
Gary P. McCaughan
Barbara J. Riley
ABSENT: Robert S. Brazelton (Excused)
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Judith McDonnell, City Clerk- Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police 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
Chris Birch, Director of Personnel
Bob Brace, City Engineer
Robert Gallagher, Building Official
Robert Messinger, Assistant City Attorney
Mark Sauter, Battalion Chief
Ed Velasco, Manager of Housing
Ron Yoshiki, Asst. Director of Community D.V.. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS:
Mayor Lawrence presented proclamations to Paul and Mary Holdridge, Kenneth and Ann
Hutchinson, William and Mary Konegni and Raul and Norma Romero as 1996 Parents of the Year
and declaring July 28, 1996 as Parents Day.
Katrine McCarthy, Volunteer Coordinator of this event, commented on the award process
and Connie Sziebl, representing Congressman Horn's office, presented a letter of commendation to
each set of parents. Ms. Sziebl also introduced Matt Philips of Congressman Horn's Washington
office.
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Mayor Lawrence presented a proclamation to Diane Morrison, Manager of the Energy
Resource Center, recognizing the outstanding contributions of the Energy Resource Center as a
public educator in the field of environment and as a good business partner in the City of Downey.
HEARINGS
Mayor Lawrence opened the public hearing on LIGHTING AND LANDSCAPE
DISTRICT A.D. 121 RESOLUTION CONFIRMING THE 1996 - 97 DISTRICT LEVY.
Ms. McDonnell affirmed the Proof of Publication and Affidavit of Posting.
It was moved by Council Member Boggs, seconded by Council Member Riley, and so
ordered to receive and file.
Mr. Redmayne explained staff sets rates in the Lighting and Landscaping Districts each year
and advised this year the assessments for all zones, except Zone V1 and L, will be less than or equal
to that of the prior year. He noted Zone VI will increase but will not exceed the maximum rates
established, and Zone L will increase but the combined rate of Zones III and L will not exceed the
previous year's rates.
Mayor Lawrence inquired if the City Clerk had received any correspondence, and the
response was no.
There being no one present to speak in favor of or in opposition to the 1996 -97 District
Levy, it was moved by Council Member Riley, seconded by Council Member Boggs, and so ordered
to close the hearing.
RESOLUTION NO. 5976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING ZONE L AND CONFIRMING THE 1996 -97 FISCAL YEAR
ASSESSMENT FOR LIGHTING AND LANDSCAPING DISTRICT A.D. 121
The Resolution was read by title only. It was moved by Council Member Boggs, seconded
by Council Member McCaughan, and unanimously carried (4 -0) to waive further reading and
adopt.
Mayor Lawrence opened the public hearing of protest on the LOT CLEANING
PROGRAM (WEED ABATEMENT).
Ms. McDonnell affirmed the Proof of Publication and Affidavit of Mailing.
It was moved by Council Member Riley, seconded by Council Member Boggs, and so
ordered to receive and file.
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Mr. Redmayne advised this hearing is an annual hearing on the lot cleaning program to act on
protests and affirm the assessments on properties that have been cleaned by the City during the fiscal
year. The City notifies property owners when the property needs to be cleaned and if the owner
does not clean the property by the date specified in the notification, the City cleans the lot or has the
work done by a contractor. The cost is then assessed to the property owner who may pay in cash or
have the amount added to his/her tax bill.
Council Member McCaughan inquired if someone from staff proactively looks for weeds and
at what point the situation is deemed a public nuisance. Mr. Redmayne advised the Public Works
department is notified by the Fire Department, Code Enforcement and also concerned citizens and
noted at one point the property become a public eyesore and then becomes a public health hazard.
Mayor Lawrence inquired if the City Clerk had received any written protests, and the
response was no.
There being no one present to speak in opposition to the lot cleaning assessments, it was
moved by Council Member McCaughan, seconded by Council Member Riley, and so ordered to
close the hearing.
It was moved by Council Member Riley, seconded by Council Member Boggs, and
unanimously carried (4 - to deny any protests and affirm the assessments on properties that
have been cleaned by the City during the fiscal year 1995 -96.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda item VI - - ANNUAL PROJECT SUMMARY FOR EXPENDITURE OF
PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS, and item VI - -
ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION
MANAGER, were removed at the request of Council Member Boggs.
CONSENT CALENDAR
Council Members Boggs and McCaughan noted for the record they were absent from the
July 9, 1996 meeting but have listened to the tape and will vote on the Minutes.
It was moved by Council Member Riley, seconded by Council Member Boggs, and
unanimously carried (4 -0) to approve the remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED REGULAR MEETING OF JUNE 26, 1996
(MAYORAL TRANSITION) AND ADJOURNED AND REGULAR MEETINGS OF
JULY 9, 1996: Approve.
CASH CONTRACT NO. S.S. 440/458/472 - FLORENCE AVENUE /STUDEBAKER
ROAD RESURFACING (ACCOUNT NO. 54-16440; 54- 16458; 54- 16472): Award a
unit price contract, totaling $318,769.25 to Sully - Miller Contracting Company: Approve.
WARRANTS ISSUED: NO. 122996 - 123385: S1,468,572.19: Approve.
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RELOCATION PLAN FOR APOLLO PARK NEIGHBORHOOD CENTER
TENANTS: Approve the relocation of tenants and authorize the City Manager to execute
appropriate lease agreements and related contracts to accommodate tenants with temporary
office space: Approve.
SET PUBLIC HEARING FOR ZONE CHANGE 96 -42 FOR PROPERTIES
LOCATED AT 8020, 8100 THROUGH 8148 AND 8211 PHLOX STREET: Set public
hearing for 7:30 p.m., August 13, 1996, in the Council Chamber of Downey City Hall:
Approve.
SET PUBLIC HEARING FOR ZONE CHANGE 96 -51 FOR THE SITE AT THE
SOUTHEAST CORNER OF PARAMOUNT AND FIRESTONE BOULEVARDS: Set
public hearing for 7:30 p.m., August 13, 1996, in the Council Chamber of Downey City Hall:
Approve.
ORDINANCES
ORDINANCE NO. 1023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9152 OF THE DOWNEY MUNICIPAL CODE
RELATIVE TO LIGHTING REQUIREMENTS IN THE
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by
Council Member Riley, and unanimously carried (4 -0) to waive further reading and adopt.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
LOCAL LAW ENFORCEMENT "BLOCK GRANTS" PROGRAM
Chief Caldwell mentioned at its last meeting the Council approved a request for a resolution
to make an application for Federal Law Enforcement Block Grant Funds. He advised the report
being submitted to the Council is a brief description of suggested uses for these funds. Items noted
include a new prisoner transportation van, two new detective units, a peace officer standards in
training computer (P.O.S.T. compatible), D.A.R.E. vehicle upgrades, a citizen's academy, and
neighborhood watch upgrades. Chief Caldwell noted a possible deviation from the suggested items
mentioned regarding the possibility of replacing the ballistic helmets provided to the Department by
the Federal Government during the 1991 riots in Los Angeles. He indicated negotiations are under
way over continued use of the helmets, but if they are required to to be returned, it will necessitate
their replacement at an approximate cost of $22,000 which he will then bring back to Council.
Council Member Riley suggested some funds be set aside for computers and other items in
the Police Substation to be located at Apollo Park. Chief Caldwell advised that Assembly Bill 2239
will possibly bring another $230,000 to the City for law enforcement purposes before the end of the
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year and noted some of those funds could be set aside. He was also asked by Council Member Riley
to provide her with a list of names for the citizen's committee that was formed with this proposal.
Council Member McCaughan mentioned the citizen's academy is a good idea and could
produce a citizen volunteer with ability in another language that would be useful to the department.
It was moved by Council Member McCaughan, seconded by Council Member Boggs, and
unanimously carried (4 - to authorize expenditures as proposed in the report submitted.
ORAL COMMUNICATIONS
Dr. Arthur Harvey, Downey resident and member of Downey Community Hospital medical
staff until his retirement in 1994, stated he was concerned about current management at Downey
Community Hospital and its affiliation with CareMore.
Council Member McCaughan stated for the record that he would be abstaining from any
discussion on the hospital and left the dais to remove any appearance of a conflict.
Dr. Harvey mentioned there were rumors about the hospital being sold with bonuses paid to
certain individuals and noted management refused to sign attestations stating they would not benefit
from the sale. He requested the Council look into issues such as million dollar loans from the
Hospital to the CareMore group with no interest payments and no termination date of the loan; the
salary structures of the head of CareMore and his son, and the CEO of the hospital; and the hospital
board's continued violation of the Brown Act for failing to follow its rules regarding board meetings.
He noted the hospital board is now seeking modification of the Brown Act requirements through
SB 1504 - Calderon to cover past misdeeds. He recommended that the City sue Downey Community
Hospital to reverse the illegal reorganization of the hospital, done in private without public
discussion or notice, with the desired outcome being the reconstituting of the original 135 member
foundation.
Frank Gasdia, Downey Attorney and a member of the original Hospital Authority, mentioned
recent letters received from Downey Community Hospital stating the reason for SB 1504 is to
permit the City Council to attend meetings of the Hospital Board without violating the Brown Act.
He requested the City Council call a meeting with the Hospital Board that the public can attend to
find out where this matter stands. He also mentioned the Attorney General's Office has indicated
they are going to investigate the assets and finances of the hospital.
Frank Perez, 9104 Gainford, mentioned his letter to the editor of the Downey Eagle
regarding the situation at the hospital. He expressed an interest in knowing the names of the
stockholders in CareMore, how much they paid for the stock, and also the names of the stockholders
in Downey Community Hospital Insurance Services along with their salaries and perks.
Dr. J. Elder Bryan, 7926 3rd Street, president of the hospital staff three times prior to
retirement in 1990, mentioned a similar situation at Centinella Hospital where an HMO got involved.
He advised the hospital was put up for sale, and the Attorney General's Office investigated the
situation and is stopping the sale. He noted he was pleased the Attorney General's Office is going
to investigate the situation at Downey Community Hospital.
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Council Member Riley expressed her concerns about Downey Community Hospital, including
the closure of the base station. She mentioned receiving calls from residents who were transported
out of Downey to other hospitals and commented on her contact with State legislators regarding
status of SB 1504. She went on record as not supporting SB 1504.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
ANNUAL PROJECT SUMMARY FOR EXPENDITURE OF PROPOSITION A AND
PROPOSITION C LOCAL RETURN FUNDS
Council Member Boggs discussed proposed uses of Proposition C money for street
resurfacing in areas where it could not be used before.
Mayor Lawrence mentioned the carryover of $50,000 for Green Line enhancements and
asked whether any of the funds could be used for restrooms.
Mr. Caton explained the City had an agreement with the Green Line, along with the cities of
Paramount and Bellflower, and in return they would be highlighting the names of the three cities at
the station. They have not done this and he suggested Mr. Redmayne contact them.
It was moved by Council Member Boggs, seconded by Council Member Riley, and
unanimously carried (4 - to approve the Annual Project Summary for the expenditure of
Proposition A and Proposition C Local Return Funds, and authorize Staff to transmit
documents to the Los Angeles Metropolitan Transportation Authority.
ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES FOR
CONSTRUCTION MANAGER
Responding to questions from the Council, Mr. Caton noted, since staff has no experience in
this particular matter, the construction manager will look out for the City's interest and advised this
is a common practice in other cities. Mr. Caton noted a change in, Exhibit C, Articles A14 and A24,
provision for errors and omissions insurance, which he indicated is not necessary for the type of
work being performed.
Council Member McCaughan requested an explanation of what recourse the City would have
with this service if things were not done properly and City Attorney McOsker advised the
construction manager would have general liability insurance which covers negligence.
Council Member Boggs inquired if the construction manager would be on the job every day
and was advised he would be committed full time to the City of Downey and will divide his time
between the parking structure project and the Senior Center /Gymnasium project.
It was moved by Council Member McCaughan, seconded by Council Member Boggs, and
unanimously carried (4 - to direct the City Manager to enter into an agreement for
professional services with JC & Associates Development Consultants for construction
management services for the Downtown Parking Structure and the Community /Senior Citizen
Center and Gymnasium.
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OTHER BUSINESS - Council Members
Council Member Boggs mentioned receiving calls from several citizens concerned about the
commercial trash rate increase from Calsan, which was higher than anticipated. She requested
that staff check with Calsan on this.
Council Member Boggs voiced her personal views about the concern and controversy over
disputes at Downey Community Hospital and the possible loss of the community hospital and
hoped the parties involved could sit down and communicate with each other. She referred to
SB 1504 noting it is probably a dead issue for this session. She also mentioned the governing body of —
the hospital appears to be a special board of 11 and not the board whose meetings she would have
been allowed to attend.
Council Member Boggs mentioned, since she will be leaving the Council in November, she
has put together a list she refers to as Diane's Top 10. Number 10 is a request for staff to look into
park space for District 1, if land becomes available. She noted this is a high density portion of the
City with the least amount of park space. Number 9 is that she would like to see the City's plan for
the future of Imperial Highway.
Council Member Riley commented on her attendance at the opening of the new Ralphs
Market on Firestone Boulevard and the praise people were giving to the City's Building and
Planning Divisions.
Council Member McCaughan mentioned statistics on shopping cart retrieval in the last 10
months where the retrieval service picked up 10,400 shopping carts and commented on an Assembly
Bill saying that cities cannot pick up these carts, which had passed through before the Council and
League of California Cities were aware of it. He noted Downey is one of the few communities with
this retrieval service and stated it is not an insignificant problem and is an issue of local control.
Council Member McCaughan advised he attended the playoff games of the Northwest
Downey and West Downey Little Leagues and noted the number of positive comments he heard
about the condition of the baseball fields at Furman Park.
Council Member McCaughan noted his family visited the Los Angeles County Museum of
Natural History and mentioned an exhibit showing how the path of the Los Angeles River was
changed through seismic activity to its current location.
Council Member McCaughan commended the neighborhood watch pamphlet and was
advised it would go out to all City residents.
Mayor Lawrence requested a report from staff on how the traffic ticket service company is
doing and whether staff is satisfied with their service.
Mayor Lawrence inquired as to when the temporary sign ordinance amendments will be
coming back to Council.
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Mayor Lawrence asked about the travel policy for the City Council and staff, noting the
element of risk involved during travel and questioned whether there is insurance coverage while on
City business. She also asked staff to look into obtaining more reasonable air fare and to look at
policy ways to ease travel expenses and referred to the current po cy for use of City credit cards.
Mayor Lawrence mentioned receiving a request for the City to fly the flags at half mast on
July 27th for National Korean War Veterans Armistice Day and referred this to the City
Manager.
Mayor Lawrence then noted the Council may receive another appeal of a Planning
Commission decision relating to a large family day care application and asked the City Attorney to
review current State and local laws and report back to the Council.
Mayor Lawrence responded to members of the audience who spoke regarding the Downey
Community Hospital and mentioned the Council cannot take any action at a meeting unless the item
is agendized. She acknowledged receipt of a letter from the Hospital as a member of the Downey
Chamber of Commerce and stated it would have been nice to have known this was going to happen
and to have received a copy of the draft letter as a Council Member.
OTHER BUSINESS - Stag Members
Mr. Caton noted he is spending a lot of time working with Rockwell to preserve Rockwell
jobs in the City and advised there is a move within NASA to remove Rockwell from this property.
He advised he and Mayor Lawrence will be going back to Washington for a meeting on this issue.
Mr. Caton then mentioned being advised by a Washington consultant that flood plain
regulations were once again being delayed and noted the City has been fighting very hard to prevent
mandatory flood insurance which could average $400 - $500 per residence. He advised there is a
lawsuit from the environmental community who is using this project as an opportunity to push their
own agenda which is now under submission, but that the judge could stop the project altogether
which would be devastating and could jeopardize $200 million in federal money.
ADJOURNMENT: 9:30 p . m.
The Council meeting was adjourned to 6:30 p.m., August 13, 1996, in the Council Chamber
of Downey City Hall.
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Judith E. McDonnell, City Clerk Joyce L. Lawrence, Mayor
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