HomeMy WebLinkAboutMinutes - 08-13-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 13, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
- Reso. #5977, Lighting & Landscaping District A.D. 121,
Annexation 96/01, alley west of Paramount Bl. between
Suva St. & Lubec St. Adopted 2
Reso. #5978, Lighting & Landscaping District A.D. 121,
Annexation 96/02, Rives Ave. between Rundell St. & Cole St. Adopted 3
Ord. approving Zone Change #96 -42 for properties at
8020, 8100 -8148 & 8211 Phlox St. from Light Mfg. Zone
to Commercial Mfg. Zone Introduced 4
Ord. approving Zone Change #96 -51 for property at
11212 Paramount Bl. from General Mfg. Zone to Central
Business Zone Introduced 5
Removal of Items from the Consent Calendar 5
Council Minutes: Adj. & Regular Meetings, 7/23/96 Approved 5
Cash Contract #S. S. 454, School Area Flashing Beacons,
Woodruff Ave. between Buell St. & Florence Ave. & Downey
- Ave. between Cherokee Dr. & Lexington Rd. Approved 6
Warrants Issued: 123386 - 124025 Approved 6
Community Development Block Grant Subrecipient Agreement
with Downey Unified School District Approved 6
Consider adoption of a Reso. self - certifying the City's Set Hearing
conformance with the 1996 Congestion Management Program 8/27 6
Code Amend. #96 -63, amending Downey Municipal Code re Set Hearing
temporary signs & related fee resolution 8/27 6
Appeal, Conditional Use Permit #96-38 for property located Set Hearing
at 7148 Adwen St. 8/27/96 6
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COUNCIL MINUTES, AUGUST 13, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Refer appeal of Rosa Medina to hearing officer re denial of
Polite Permit (8450 Telegraph Rd.) Approved 6
Reso. #5979, endorsing the Southern Calif. Assoc. of
Governments (SCAG) Congressional Leadership Summit Adopted 6
Reso. #5980, approving the appointment of Dolores Bacus
as member of the Emergency Preparedness Comm. Dist. 4 Adopted 6
Reso. #5981, approving agreement entitled "Joint Exercise
of Powers Agreement of the Gateway Cities Council of
Governments" Adopted 8
Cash Contract #596A - Downey Community /Senior Center
& Gym: Award of contract Approved 8
Telemetry System - accept improvements completed for
furnishing and installing a system for the water system &
storm drains & sewer lift stations Approved 8
Dr. David Hubbell re patient care at Downey Community
Hospital & request for help from the Council 8
Mr. Lennie Whittington re interview by private investigator
working for Downey Community Hospital 9
Mr. Frank Perez re concerns about Downey Community
Hospital & his recent Downey Eagle article 9
Reso. #5982, ordering submission to the qualified electors
of the City of Downey a Proposed Charter Amendment
relating to certain textual changes to the Charter Adopted 10
Reso. ordering submission to the qualified electors of the
City of Downey a Proposed Charter Amendment relating
to Council Members' terms of office Not Adopted 13
Reso. requesting the Board of Supervisors of the County
of L. A. approve inclusion of an additional Downey City
Charter Amendment Not Adopted 13
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COUNCIL MINUTES, AUGUST 13, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Reso. setting priorities for filing a written argument &
directing City Attorney to prepare an impartial analysis Not Adopted 13
1996/97 Agreement with Rio Hondo Temporary Home for
the Homeless Approved 14
California Contract Cities Association annual membership dues Approved 14
Professional Planning Services Agreement Approved 14
Cn Riley re children signed up for reading program at the
Library & volunteer students from Downey High who cleaned
up Firestone Bl. behind railroad tracks 14
Cn. McCaughan re AB317, Shopping Cart Assembly Bill 15
Cn. McCaughan re concerns on privatization of Rancho Los
Amigos Hospital 15
Cn McCaughan re request for report re potential joint
powers arrangement with the School District 15
Cn McCaughan re article in L.A. Times by Attorney for
Friends of the L.A. River 15
Cn Brazelton suggested contacting Alissa Fernandez, Downey
resident, superstar of the Olympic Games, for possible
newspaper article 15
Cn Brazelton re Downey Community Hospital's lease &
hopes issues can be resolved by parties involved 15
Cn Boggs re controversies at Downey Community Hospital 15
Cn Boggs re Item #8 on her Top 10 List, New Club House with
adequate parking at Rio Hondo Country Club 15
Mayor Lawrence re request for staff to review Section of the
Downey Municipal Code re non - motorized vehicles in yards
which may block access to garages 15
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COUNCIL MINUTES, AUGUST 13, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Lawrence re new businesses attracted to Downtown
area & request for staff to review C -3 Zone 15
Mayor Lawrence re shopping cart issue's importance at
State level
16
Mayor Lawrence re Rockwell Science Camp & Michael Wu,
Downey resident, who was one of the grand prize winners 16
Mayor Lawrence re question on how Library plans to use
extra money included in the Governor's Budget 16
Mayor Lawrence re rally at Rancho Los Amigos Hospital on
August 15th 16
Mayor Lawrence re concerns about Downey Community
Hospital 16
Mr. Caton re LACDA Flood Control Project & request for
residents to write to Board of Supervisors with their concerns 16
Mr. Caton re visit of HUD Assistant Secretary, Andrew Cuomo,
re Rockwell property 16
Adjourned in memory of Chris Brownlie, wife of Ed Brownlie,
Parking Place Commission, District 2 16
Meeting adjourned to 6:30 p.m., August 27, 1996 16
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
AUGUST 13, 1996
The City Council of the City of Downey held a regular meeting at 7:43 p.m., August 13, 1996, in
the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
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PRESENT: Council Members:
Joyce L. Lawrence Mayor
Diane P. Boggs Mayor ProTem
Robert S. Brazelton
Gary P. McCaughan
Barbara J. Riley
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
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Bob Brace, City Engineer
Bonnie Kehoe, Community Services
Robert Messinger, Assistant City Attorney
Mark Sauter, Assistant Fire Chief
Ed Velasco, Manager of Housing
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
�-- Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS
Mayor Lawrence opened the public hearing on LIGHTING AND LANDSCAPING DISTRICT
DISTRI
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A.D. 121 ANNEXATION 96/01, ALLEY WEST OF PARAMOUNT BOULEVARD BETWEEN
SUVA STREET AND LUBEC STREET
Ms. McDonnell affirmed the Proof of Publication and Affidavit of Mailing and Postin g of Notice.
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and so
ordered to receive and file.
Council Minutes 8/13/96 -1-
Mr. Redmayne explained this hearing was set to hear any protests on Annexation 96/01 since a
majority of the property owners petitioned for lights in this alley.
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 Annexation 96/01, it was
moved by Council Member McCaughan, seconded by Council Member Boggs, and so ordered to close
the hearing.
RESOLUTION NO. 5977
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING AND
LANDSCAPING DISTRICT A.D. 121 TO FURNISH AND MAINTAIN
ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES
LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS
(ANNEXATION 96/01- ALLEY WEST OF PARAMOUNT BOULEVARD
BETWEEN SUVA STREET AND LUBEC STREET)
The Resolution was read by title only. It was moved by Council Member Boggs, seconded by
Council Member Riley, and unanimously carried to waive further reading and adopt.
Mayor Lawrence opened the public hearing on the LIGHTING AND LANDSCAPE
DISTRICT A.D. 121 - ANNEXATION 96/02, RIVES AVENUE BETWEEN RUNDELL STREET
AND COLE STREET.
Ms. McDonnell affirmed the Proof of Publication and Affidavit of Mailing and Posting of Notice.
It was moved by Council Member Riley, seconded by Council Member McCaughan, and so
ordered to receive and file.
Mr. Redmayne explained this lighting district annexation was requested by the majority of the
property owners with the costs to be paid from Zone 1 funds. He advised these annexations improve the
neighborhoods by making them safer.
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 Annexation 96/02, it was
moved by Council Member Boggs, seconded by Council Member Brazelton, and so ordered to close the
hearing.
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RESOLUTION NO. 5978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING AND
LANDSCAPING DISTRICT A.D. 121 TO FURNISH AND MAINTAIN ELECTRICAL
CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND
PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 96/02 - RIVES AVENUE
BETWEEN RUNDELL STREET AND COLE STREET)
The Resolution was read by title only. It was moved by Council Member Riley, seconded by
Council Member Boggs, and unanimously carried to waive further reading and adopt.
Prior to the vote Mayor Lawrence noted a correction to the staff report wherein it mentions alley
lighting. She noted this is not an alley, it is a street.
Mayor Lawrence opened the public hearing on ZONE CHANGE NO. 96 - 42, REQUEST TO
CHANGE THE ZONING OF THE PROPERTIES AT 8020, 8100 THROUGH 8148 AND 8211
PHLOX STREET TO THE COMMERCIAL MANUFACTURING (C -M) ZONE FROM THE
LIGHT MANUFACTURING (M -1) ZONE.
Ms. McDonnell affirmed the Proof of Publication.
It was moved by Council Member Boggs, seconded by Council Member Riley, and so ordered to
receive and file.
Mr. Rangel narrated slides illustrating properties in the requested zone change area and explained
the zone change is being requested to bring these properties into conformance with the City's
comprehensive general plan.
Council Member Boggs inquired if there were any objections from the other property owners
since this was initially a request for two parcels of property. Mr. Rangel advised that all property owners
were notified and no objections were received.
Mayor Lawrence inquired if the City Clerk had received any correspondence, and the response
was no.
Mayor Lawrence asked the applicant or his representative to come forward and make a
presentation at this time.
Mr. Dominick DiMario, owner of properties at 8020, 8100, 8014, 8136 and 8140 Phlox Street
commented he felt this zone change was a step forward, was good for all properties involved and would
fit in with the City's General Plan.
There being no one else wishing to speak in favor or opposition to the zone change, it was moved
Council Member Boggs, seconded by Council Member Brazelton, and so ordered to close the hearing.
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Council Minutes 8/13/96 -3-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 96 -42, A CHANGE OF ZON. : FOR THE
PROPERTIES AT 8020, 8100 THROUGH 8148 AND 8211 PHLOX STREET
TO THE COMMERCIAL MANUFACTURING (C -M) ZONE FROM THE LIGHT
MANUFACTURING (M -1) ZONE, AND TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Council Member Riley, seconded by
Council Member Boggs, and unanimously carried to waive further reading and introduce the
ordinance.
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Mayor Lawrence opened the public hearing on ZONE CHANGE NO. 96 REQUEST TO
CHANGE THE ZONING OF SOUTHERLY PORTION OF THE SITE AT THE SOUTHEAST
CORNER OF FIRESTONE AND PARAMOUNT BOULEVARDS FROM THE GENERAL
MANUFACTURING (M -2) ZONE TO THE CENTRAL BUSINESS DISTRICT (C-3) ZONE.
Ms. McDonnell affirmed the proof of publication.
It was moved by Council Member Boggs, seconded by Council Member Riley, and so ordered to
receive and file.
Mr. Rangel narrated slides of the property involved, the old Paramount Chevrolet site. He
explained when this case went before the Planning Commission a conditional use ermit was applied
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because of the proposed drive -thru pharmacy and noted there was also a parcel map involved. Mr.
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Rangel advised the property has to be rezoned to allow the proposed use and in order to be consistent
with the City's Comprehensive General Plan. It is staff's recommendation that zoning be changed to the
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Central Business District (C -3) Zone.
Council Member McCaughan inquired about additional uses of this property noting the proposed
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Sav -On store will only take up about 15% of the site. He also inquired if the present
Sav -On site on Florence Avenue will remain open.
Mr. Rangel advised staff' does not know of additional uses for the property at this time and
mentioned he was advised the Sav -On store on Florence Avenue does very well and it is anticipated
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keeping it opened at this time.
Mayor Lawrence inquired if the City Clerk had received any correspondence, and the response
was no.
Mayor Lawrence asked the applicant or his representative to come forward and make a
presentation at this time.
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Mr. Daryl Christian, representative of American Stores, displayed sketches of the proposed Sav -
On store and responded to questions from the Council. In reference to further use of the remainder of
the lot, he explained it is their hope, if the Nada area of the property becomes available, to purchase this,
subdivide the property and place another business on the site. He advised they will pave the entire
parking lot at this time for uniformity and also advised they have no plans at this time to close the Sav -On
store on Florence Avenue. He mentioned they plan to operate on a 24 hour basis with a drive -thru
pharmacy and a One -Hour Photo and Food Mart inside the store.
There being no one else wishing to speak in favor or opposition to the zone change, it was moved
by Council Member Boggs, seconded by Council Member Brazelton, and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 96-51, A CHANGE OF ZONE FOR THE SOUTHERLY
PORTION OF THE 2.73-ACRE SITE AT THE SOUTHEAST CORNER OF FIRESTONE AND
PARAMOUNT BOULEVARDS, ALSO KNOWN AS 11212 PARAMOUNT BOULEVARD,
FROM THE GENERAL MANUFACTURING ZONE
(M -2) TO THE CENTRAL BUSINESS DISTRICT ZONE (C -3), AND TO AMEND
THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded by
Council Member Brazelton, and unanimously carried to waive further reading and introduce the
ordinance.
Members of the Council made favorable comments regarding the zone change and proposed
development of the property, with Council Member Riley asking that particular attention be paid to
possible liquor sales to minors since this property is on the route to Warren High School.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI - - PROFESSIONAL PLANNING SERVICES AGREEMENT, was
removed at the request of Council Member Boggs, Agenda Items VI - E - 2, 1996/97 AGREEMENT
WITH RIO HONDO TEMPORARY HOME FOR THE HOMELESS, and VI - - CALIFORNIA
CONTRACT CITIES ASSOCIATION ANNUAL MEMBERSHIP DUES, were removed at the
request of Council Member McCaughan.
CONSENT CALENDAR
It was moved by Council Member Boggs, 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:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS OF
JULY 23, 1996: Approve.
Council Minutes 8/13/96 -
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CASH CONTRACT NO. S.S. 454, SCHOOL AREA FLASHING BEACONS,
WOODRUFF AVENUE BETWEEN BUELL STREET AND FLORENCE C AVENUE AND
DOWNEY AVENUE BETWEEN CHEROKEE DRIVE AND LEXINGTON ROAD
(ACCT. NO. 26- 16454): Approve plans and specifications and rant authority to advertise g y ert se for
bids: Approve.
' WARRANTS ISSUED: NO. 123386 - 124025: $1,877,071.22: Approve.
COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT
WITH DOWNEY UNIFIED SCHOOL DISTRICT: Approve.
CONSIDER ADOPTING A RESOLUTION SELF - CERTIFYING THE CITY'S
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM: Set public
hearing for 7:30 p.m., August 27, 1996, in the Council Chamber of Downey City Hall: A
y y Approve.
CODE AMENDMENT 96 -63: A CODE AMENDMENT TO SECTION C ION 9148 OF THE
DOWNEY MUNICIPAL CODE CONCERNING TEMPORARY SIGNS AND RELATED
FEE RESOLUTION: Set public hearing for 7:30 p.m., August 27, 1996, in the Council
Chamber of Downey City Hall: Approve.
APPEAL, CONDITIONAL USE PERMIT #96 -38 FOR PROPERTY LOCATED AT 7148
ADWEN STREET (Applicant, Roberto Solorzano): Set public hearing for 7:30 p.m., August
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27, 1996, in the Council Chamber of Downey City Hall: Approve.
REFER APPEAL OF ROSA MEDINA (THE LEO'S DBA LA ANCLA - 8450
TELEGRAPH ROAD) TO HEARING OFFICER PURSUANT TO DOWNEY
MUNICIPAL CODE SECTION 6404, RE DENIAL OF POLICE PERMIT: Approve.
RESOLUTION NO. 5979 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ENDORSING THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) CONGRESSIONAL LEADERSHIP SUMMIT
RESOLUTION NO. 5980 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF DOLORES BACUS AS A
MEMBER OF THE EMERGENCY PREPAREDNESS COMMITTEE
FOR COUNCILIVIANIC DISTRICT FOUR
ORDINANCES: None
Council Minutes 8/13/96 -6-
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RESOLUTIONS
RESOLUTION NO. 5981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THAT CERTAIN AGREEMENT ENTITLED
"JOINT EXERCISE OF POWERS AGREEMENT OF THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS"
Mr. Caton advised staff is recommending that the City of Downey join with the other 26 cities
located in Southeast Los Angeles County in a voluntary council of governments. He explained the
regions in Southern California are dividing up and are becoming economic powers on a regional basis.
The City Attorney has prepared an agreement and staff recommends Council approve the agreement,
allocate $6,500 for startup expenses and authorize staff to provide free administrative and treasurer
support to the Council Of Governments for the coming year.
Tim McOsker commented the executive board of the SELAC group has proposed that additional
language be inserted in the agreement on Page 4, new Subsection (d), as follows: Restrictions on
exercise of powers in accordance with Government Code Section 6509: The powers of the Council shall
be exercised in the manner prescribed in the joint exercise of powers act, Government Code Section 6500
et seq., as that act now exists and may hereinafter be amended and shall be subject to the restrictions
upon the manner of exercising such powers that are imposed upon the City of Paramount, a General Law
City, in the exercise of similar powers; provided, however, that if the City of Paramount shall cease to be
a member then the Council shall be restricted in the exercise of its owers in the same manner as the City
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of Pico Rivera, a General Law City, is restricted." He also noted Section 2 of the resolution authorizes
the City Manager to execute the agreement and suggested it would be more suitable for Downey's
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purposes if the Mayor was authorized to execute the agreement.
Council Member McCaughan inquired as to costs involved such as yearly fees, administrative fees
and was advised that fees would be determined by the Council Of Governments and also by the number
of cities participating.
Council Member Riley commented she felt cooperative government was a step in the right
direction.
Council Member Boggs advised she has attended two of the meetings the potential
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Governments has held and feels the idea of working as a region has great potential. She was under the
impression that once the Council Of Governments was operational there would be funds available, once
they met the criteria„ to be self - sufficient.
Council Member Brazelton noted concerns at another entity that could eat away at the budget and
asked staff to focus on any needless duplications of efforts. He agreed that the greater voice this
organization would engender could help the City politically.
Council Minutes 8/13/96 -7-
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Mayor Lawrence mentioned she attended a meeting of the Council of Governments last night and
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advised that several of the members had traveled to Washington D.C. to present the Gateway Cities
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Council. Their intent s to be able to identify and go after available funds that are resentl going to
waste.
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Mr. McOsker noted any party can withdraw on 60 days notice and receive back a pro rated
amount of the existing funds or dues.
The Resolution was read by title only. It was moved by Council Member Boggs, seconded b
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Council Member Brazelton and unanimously carried to waive further reading and adopt the
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resolution as amended.
ADMINISTRATIVE REPORTS
CASH CONTRACT 596A - DOWNEY COMMUNITY /SENIOR CENTER AND
GYMNASIUM PROJECT
Mr. Caton explained the City rejected bids earlier in the year as they were above budget. He
advised new bids were opened on August 1, 1996, and one of the bids received was 1% over the
engineer's estimate and submitted by an excellent contractor. Staff recommends awarding the contract in
the amount bid.
It was moved by Council Member McCaughan, seconded by Council Member Brazelton, and
unanimously carried to award Cash Contract 596A to Cavecche Engineerin g and Construction
Company, Inc. in the amount of $3,681,012 for construction of the Downey Community/Senior
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Center and Gymnasium.
TELEMETRY SYSTEM ACCEPT IMPROVEMENTS
Mr. Redmayne advised the Council voted some time ago to install a telemetry system throughout
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the City's water system to establish a central control over the water pumps, sewer lift stations and storm
water lift stations. He discussed the present radio system and mentioned it responded well during the
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recent statewide power outage.
It was moved by Council Member Boggs, seconded by Council Member McCaughan, and
unanimously carried to accept the improvements completed for furnishing and installing a telemetry
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system for the water system and storm drain and sewer lift stations.
ORAL COMMUNICATIONS
Dr. David Hubbell, 12113 Julius Avenue, commented on increased complaints about p atient
care at Downey Community Hospital and noted he was advised by the nurses there was an increase in
the ratio of nurses to patients. He also mentioned it is his understanding that profits at the hospital are at
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an all time high and requested the Council help the citizens of Downey obtain the care from their public
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hospital that they deserve.
Council Minutes 8/13/96 -8-
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Council Member McCaughan removed himself from the dais because of a P otential conflict of
interest.
Lennie Whittington, 8542 Manatee, circulated through the Council a business card of a private
investigator who visited his house on behalf of the Downey Community Hospital to interview residents
in the City, which he verified. He noted the investigator produced two sheets of questions and requested
permission to tape the conversation. Mr. Whittington mentioned his understanding the investigator has
interviewed other Downey residents.
Frank Perez, 9104 Gainford Street, indicated he was one of the original fund raisers for Downey
Community Hospital and expressed concern about the hospital. He noted he has not received any
answers to questions asked in a recent Downey Eagle article and also questioned why Rosemary Ferraro
was released from the hospital board.
ADMINISTRATIVE REPORTS (Continued)
RESOLUTIONS RELATING TO PROPOSED CHARTER MEASURES
Mr. McOsker discussed the Resolutions presented for consideration relating to Charter
Amendments No. 10 and 11. He commented on the Council actions of March 26, 1996, adopting
Resolutions setting the City's General Municipal Election for November 5, 1996, and approval of placing
Charter Amendment No. 10 on the ballot. That Charter Amendment deals with a number of Downey
Charter provisions, and after meetings with staff, eleven recommended modifications are being proposed,
which he reviewed at this time:
Section 500 - Last line, previous reference to "Elections Code" will be modified
to read "State Law."
Section 507 - Striking the words "such waiver may be given by telegram."
Section 511 - Correction of a typographical error, whereby the number 5 will
be spelled out.
Section 515 - Remove in the last line "as it now exists or hereafter may be amended."
Section 1100 - Extra verbiage removed, preserving the same intent with fewer words.
Section 1300 - Language changed to read, "The first such General Municipal Election
shall be held in 1996."
Section 1304 - Correction of a punctuation mark by adding a period (.).
Section 1500 - Modification to the definitions by alphabetizing them.
Article VIII - Pertaining to Board of Education, language will be shown as "repealed."
Speaking to Section 1211 - Contracts on Public Works, Mr. McOsker explained the language
provides that contracts in excess of $10,000 shall be let by public bid, and in the event there are no bids
or satisfactory bids received and the project is between $10,000 and $20,000, the job may go to an
informal bidding process. The language further provides that the $10,000 and $20,000 limits may be
modified by resolution of the City Council from time to time to reflect the actual percentage increase in
cost of construction as reported by the Engineering News Record, and the amounts were increased by
Resolution in 1982 to $10,000 and $20,000 from $7,500 and $15,000. Mr. McOsker pointed out that to
include these amounts in the Charter submitted to the voters could raise the argument that setting the
Council Minutes 8/13/96 -9-
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$10,000 and $20,000 figures as the 1996 limit would only give Council the ability in the future to raise
the amount prospectively from 1996. He mentioned that calculatin g percentage the ercenta a increase in the cost
of construction from 1982 to 1996, per the Engineering News Record, the amount may be increased to
$15,000 and $30,000. He cited several options available to Council at this time, one of which would be to
modify the language by placing $15,000 in two locations of Section 1211 on lines 2 and 4, and $30,000
on line 7. '
In Section 500.1 relating to Term Limits, Mr. McOsker stated the sentence "It is the intent of the
Charter Amendment that this Amendment shall be retroactive," should be inserted as the last sentence of
that section in the proposed Amendment No. 10 document because it is the actual statement of what was
presented and approved by the voters.
Council Member Boggs concurred with acting on Charter Amendment No. 10, including the
language recommended by the City Attorney, in addition to the $15,000 and $30,000 in Section 1211
and then act on Charter Amendment No. 11 separately. e The other Council Members hers agreed 1211,
.
Mr. Joel Lubin complimented the explanation of the City Attorney regarding the changes and
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concurred with the analysis of Charter Section 1211.
RESOLUTION NO. 5982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ORDERING SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY OF DOWNEY A PROPOSED CHARTER AMENDMENT
RELATING TO CERTAIN TEXTUAL CHANGES TO THE CHARTER, TO
UPDATE THE CHARTER TO CONFORM TO CHANGES IN STATE LAW
APPLICABLE TO CHARTER CITIES, TO CHANGE CERTAIN PROCEDURES
FOR THE CONDUCT OF CITY BUSINESS, AND TO CLARIFY CERTAIN
CHARTER PROVISIONS AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, AS CALLED BY
RESOLUTION NO. 5935
The Resolution was read by title only. It was moved by Council Member Boggs, seconded by
Council Member McCaughan, and unanimously carried to waive further reading and adopt, including
modifications in the amounts of $15,000 and $30,000 in Section 1211 of the Charter.
Referring to Charter Amendment No. 11 relating to Term Limits, Mr. McOsker explained
there are three Resolutions presented for reconsideration that were previously adopted in April 1996. He
mentioned receiving communication from an attorney, Mr. Dennis Carroll, who has challenged the
adoption of the previous resolutions because of the City's Charter requirement to adopt resolutions b
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reading the title, waive further reading by unanimous vote, and then adopt the resolution. The record of
the City's prior consideration of these three resolutions does not clearly show that the Council waived
further reading by unanimous consent and the resolutions are being returned for either full reading or a
waiver of further reading by unanimity of the Council, and then adoption. Mr. McOsker stated the
language in Charter Amendment No. 11 as submitted to the Council in April has been changed in two
minor ways, to correct two clerical errors in the document: One in the first sentence where it reads "the
Council Minutes 8/13/96 -10-
City Clerk or other elected official" is corrected to read "the City Clerk or other election official;" and
including the last sentence in the Charter Amendment previously submitted to and approved by the voters
which reads "It is the intent of the Charter Amendment that this Amendment shall be retroactive."
RESOLUTION NO.
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ORDERING SUBMISSION TO THE QUALIFIED ELECTORS
OF THE CITY OF DOWNEY A PROPOSED CHARTER AMENDMENT
—' RELATING TO COUNCIL MEMBERS' TERMS OF OFFICE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 1996, AS CALLED BY RESOLUTION NO. 5935
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO APPROVE THE INCLUSION OF AN ADDITIONAL
DOWNEY CITY CHARTER AMENDMENT IN THE DOWNEY GENERAL
MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, PURSUANT TO
SECTION 10400 ET SEQ. OF THE CALIFORNIA ELECTIONS CODE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT
REGARDING A PROPOSED CITY CHARTER MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
The Resolutions were read by title only.
Ed DiLoreto, 7333 Rio Flora Place, said the proposed resolutions are contrary to the spirit and
intent of the voter approved term limit law; the voters have concluded that eight years in office is long
enough; term limits open up public office for all citizens participation; and it makes certain no incumbents
are entrenched in office. He further commented about the proposal to place this matter on the ballot,
which he indicated is being done without waiting for the current term limit to be tested. He said now is
the time to reconsider and leave the current Downey term limit alone.
Keith McCarthy, 13404 Barlin, candidate for Council District One, urged the Council to remove
this item from consideration. He said three years ago two- thirds of Downey's voters spoke loudly and
circumstances have not changed to revisit this issue.
Bob Feliciano, 9242 Muller Street, stated the people of Downey have spoken loud and clear
regarding term limits and a proposal has been presented to change that.
Council Minutes 8/13/96 -11-
Johnette Stickel, 8731 McCallum Street, commented on the voters overwhelmin g approval roval of
term limits in 1993. She discussed the Council's proposal to place a term limit measure before the voters
in November and asked that this issue be removed from the ballot.
Dennis Carroll, an attorney residing in Long Beach and speaking as a "friend of the court," said
the language of the proposed Charter amendment allows for two different interpretations, which make it
difficult for the l i
City Attorney to prepare an impartial analysis. He indicated one interpretation would
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permit a Council Member to sit out one term and then come back and run as a Council Member again for
g
two terms; the other interpretation would allow someone to sit out one term and then come back and run
again indefinitely since there is nothing in the language requiring a Council Member to sit out again after
two more terms. Mr. Carroll invited the Council to revisit this issue at a later time and give the City
Attorney an opportunity to prepare language that would accomplish the goal of the Council and then take
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nto consideration the concerns of the citizens.
Joel Lubin, 7820 Allengrove Street, suggested this matter be continued and redo it at a later date.
He discussed term limit provisions in the cities of Long Beach and Cerritos, stating his interpretation of
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the Long Beach provision that it has the return capability. He noted that while Cerritos has the return
provision, none of the Council Members have opted to take advantage f • i
p ge o it. He urged the Council to go
forward in the direction it feels is best and pointed out no matter which decision the Council makes,
someone will be dissatisfied.
Frank Perez, 9104 Gainford Street, suggested it would be a conflict of interest i
gg o to est for the Council to
vote on this matter.
Steve Allen, 7539 Quill Drive, thanked Council Member Riley for voting "no" when this matter
was considered in April, and he discussed the impact this issue could have on the Council election in
November.
Terry Lambros, 9715 Brookshire Avenue, expressed her opposition to Charter Amendment No.
11 and asked the Council to respect the wisdom of the voters of the community.
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Jim Derry, 7845 4th Street, mentioned speaking to people that are leased with the passing of
p p g
term limits, although he did noted a large number of Downey residents are unaware term limits exist. He
feels it is clear the voters spoke in saying they want two terms and out.
Bob Collins, 9037 Gaymont Avenue, feels the Council should respect the vote of the eo le.
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Council Member Riley asked about splitting the motions to waive further reading and adopt the
Resolution.
Mr. McOsker explained that separating the motion to waive further reading from the motion to
adopt, would not preclude a Council Member from voting "yes" on the waiver and "no" on adoption of
the Resolution; that a "yes" vote on the waiver would prevent the City Clerk or City Attorney from
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having to read into the record the text of the Resolution.
Council Minutes 8/13/96 -12-
p ; r
It was moved by Council Member Riley and seconded by Council Member Boggs to disapprove
the Resolutions before the Council pertaining to Charter Amendment No. 11.
Council Member Boggs stated it appears clear from the speakers that there is opposition to
having Charter Amendment No. 11 placed on the ballot for the November election, and she expressed
disappointment that the comments appeared to be directed personally to the Council. While she felt the
measure would probably fail if submitted to the voters, she questioned why anyone would be afraid to
have the voters consider term limits again in case they have changed their minds.
Council Member Brazelton mentioned being involved in numerous volunteer activities in the City,
one of which is serving on the Council, and while he has no intention of running for office again, he will
continue in a volunteer capacity after his term ends in November 1998. He mentioned being designated
to write the argument in favor of the Charter measure, which he has prepared and submitted. While he
feels it is unfair to limit anyone from serving on the Council, he intends to reverse his previous position
on this matter and will vote in favor of the motion.
Council Member McCaughan expressed his feeling that to not allow a Council Member to run
again after sitting out for a period time would be a disadvantage to the people. He mentioned that when
the petition was circulated to place term limits on the ballot, he suggested submitting a competing
measure to the voters. He commented on the number of years it takes a Council person to learn about
City government and mentioned the democratic process exists to allow people to consider and reconsider.
He indicated he will go along with the majority of the Council on this matter.
Council Member Boggs said there are a number of more important issues than whether this
should be placed on the ballot, and she is not willing to submit a controversial measure to the voters at
this time when it is clear it would not be good to have this item on the ballot in the November election.
Mayor Lawrence concurred with the comments of Council Member McCaughan about the
leadership role of the Council. She emphasized that someone who has served on the Council should not
be precluded from serving again after having served eight years, particularly in view of the time it takes to
learn and participate. She referred to previous comments made when term limits was placed on the ballot
and that was to offer an alternative measure, which the Council opted not to do. She has supported
bringing this back because of comments received from constituents who were unhappy with the
enactment of the previous initiative. However, she will not be supporting placing this measure on the
ballot.
Mr. McOsker was asked about the status of the three resolutions adopted in April approving
placement of Charter Amendment No. 11 on the ballot. He explained the resolutions were introduced,
but the waiver of full reading was not unanimously passed and, therefore, they were not finally effective
and adopted.
The motion to disapprove the three Resolutions relative to Charter Amendment No. 11 was
passed by unanimous vote.
Council Minutes 8/13/96 -13-
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
1996/97 AGREEMENT WITH RIO HONDO TEMPORARY HOME FOR THE
HOMELESS
Council Member McCaughan requested verification that $20,000 was the amount being
approved. Mr. Caton responded the agreement would call for $20,000, and Federal Block Grant mone y
would be utilized.
It was moved by Council Member McCaughan, seconded by Council Member Boggs, and
unanimously carried to approve Agreement between the City of Downey and the Rio Hondo
Temporary Home for the Homeless for fiscal year 1996/97.
CALIFORNIA CONTRACT CITIES ASSOCIATION ANNUAL MEMBERSHIP DUES
Council Member McCaughan inquired if the reason for joining was because they have more
J g y
legislative clout and the response was yes. Mr. Caton noted they do have quite a bit of legislative clout
. q le g
and are a Downey based organization representing 70 cities. Staff feels the investment of $2,000 would
be well spent and recommends joining the organization.
It was moved by Council Member McCaughan, seconded by Council Member Riley, and
unanimously carried to authorize membership in the California Contract Cities Association and
allocate $2,000 for that purpose.
PROFESSIONAL PLANNING SERVICES AGREEMENT
Mr. Caton advised non -sworn staff has been cut back by approximately 19 percent over the last
five years and with new developments in the City, an additional planner is needed. It is staff's
recommendation to enter into a one year agreement for professional services with a previous employee
and asks for a general fund allocation of $40,000. The funding would be paid for through new
development in the City.
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to authorize the Community/Economic Development Director to execute the
attached One Year Agreement for Professional Planning Services for the Planning Division of the
City of Downey; and to approve an appropriation from the General Fund of $40,000.
OTHER BUSINESS - Council Members
Council Member Riley commented on the number of children signed up for the reading program
at the Library. She also noted 12 volunteer students from Downey High School cleaned up
Firestone Boulevard behind the railroad tracks collecting sixteen bags of trash, and she challenged 12
adults to do the same.
Council Member McCaughan mentioned AB317, the Shopping Cart Assembly Bill the Grocery
Association has convinced the Governor to sign. He explained this now takes away the City's ability to
Council Minutes 8/13/96 -14-
(1 3 I
control the 10,000 shopping carts picked up on City streets and requested the City Attorney review this
legislation to find out what avenues the Council might have. He also suggested that staff contact the
City's grocery chains to see if they are willing to keep the present system in effect.
Council Member McCaughan expressed his concern for the privatization of Rancho Los
Amigos Hospital and encouraged the Council and the public to send letters to the Rancho Los Amigos
Hospital Advisory Panel and to Supervisor Deane Dana expressing these concerns.
Council Member McCaughan mentioned he had previously requested a report on the potential of
joint powers arrangement with the School District and noted other cities do this to try to
accommodate the needs of children and adolescents.
Council Member McCaughan mentioned an article in the Los Angeles Times on Sunday by the
attorney of the Friends of the Los Angeles River (FOLAR), who the City had settled with for Flood
Protection on the Rio Hondo and Los Angeles Channel, but that a dispute occurred over the payment
of legal fees since FOLAR did not have the money. He encouraged everyone to write the Board of
Supervisors on the importance of passing the environmental impact report for flood control protection in
Downey.
Council Member Brazelton commented on Downey resident, Alissa Fernandez, who was one of
the superstars in the recent Olympic Games on the women's softball team and suggested she be
contacted for a possible article in the local newspapers.
Council Member Brazelton mentioned he has seen no material breach of the hospital's
obligations under their lease from the City. He expressed concerns about what is occurring and hopes
the parties involved can resolve the issues for the betterment of the community.
Council Member Boggs commented on the controversies regarding Downey Community
Hospital noting the situation is very disturbing especially when the fundraisers and leaders in the
community are subjected to what they have been. She mentioned attending meetings where the people
who asked questions have now been kicked off the boards they served on. She asked the hospital board
to take a good look at what they are doing to this City.
Council Member Boggs mentioned item No. 8 on her Top 10 List is for staff to look into having
a new club house with adequate parking at the Rio Hondo Country Club owned by the City.
Mayor Lawrence mentioned communications with a resident with concerns about Section
9110.14 (c) of the Downey Municipal Code which deals with non - motorized vehicles in the yard
which may block access to the garage. She requested that staff look into citizens' concerns and review
how other cities handle this. She also requested that staff find out from this gentleman the name of the
Good Sam Club representative who will be back in town from his vacation next month.
Mayor Lawrence mentioned concerns about the downtown area attracting new businesses and
that they be the kind of family- oriented wholesome places the City wants this area to be. She requested
that staff review the C -3 Zone to see what is permitted by rights and what is allowed by conditional uses.
Council Minutes 8/13/96 -15-
Mayor Lawrence commented on the shopping cart issue notin g p it has importance at the State
level of government.
Mayor Lawrence mentioned representing the City at the Rockwell Science Cam p and
commended the program. She advised one of the grand prize winning students was Downey resident,
Michael Wu.
Mayor Lawrence advised the Governor's Budget included extra money for the Public Library
Foundation account which helps fund public libraries based on per capita of City expenditures. She
p Y ex p
would like to find out what the City's Library plans to use these extra funds for.
Mayor Lawrence advised Council Member McCaughan that a rally will be held
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Amigos Hospital on Thursday morning, August 15, regarding issues he mentioned and inquired if he
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would like to attend in her place.
Mayor Lawrence mentioned she was an employee of Downey Community Hospital for about 10
this tY p
years and shares the concerns that this be an institution that is good for the community. She advised the
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Council will work very hard to help smooth this situation out.
OTHER BUSINESS - Staff Members
Mr. Caton commented that a final decision will be before the Board of Supervisors on September
p
3rd regarding the environmental document on the flood control project which would take half of
Downey out of the flood plain. He noted the LACDA project is underway right now but intense pressure
is being placed on the Board of Supervisors by well known environmentalists. He suggested residents
write to the Board of Supervisors and in particular Supervisor Deane Dana requestin g approval roval of the
environmental document for the L. A. River project.
Mr. Caton noted tomorrow Presidential appointee, HUD Assistant Secretary, Andrew Cuomo, is
coming to Downey. Staff will be advising Mr. Cuomo about the City's need to retain control of the
Rockwell property. He urged citizens to write letters to the President encouraging retention of the
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3,000 jobs on the Rockwell site.
ADJOURNMENT:
The meeting was adjourned in memory of Chris Brownlie, wife of Ed Brownlie, Parkin g
.
Place Commission, District 2, to 6:30 p.m., August 27, 1996, in the Council Chamber of Downey City
Hall.
aes
/Judith E. McDonnell City Clerk Joys"' . • wrence, Ma
� Mayor
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h:leclerk\sconte`,ccmin8 l 3
Council Minutes 8/13/96 -16-