HomeMy WebLinkAboutMinutes - 09-10-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 10, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificate of Appreciation to Marilyn "Lyn" Fisher
Res. #5987, Finding the City to be in conformance with the
Congestion Management Program & adopting the CMP
local implementation report Adopted 2
Ord. granting consent to the transfer of control of a cable
television franchise from Continental Cablevision, Inc., to
US West Inc. Introduced 3
Removal of Items from the Consent Calendar 4
Res. approving Parcel Map #24577, 12508 Clark Av. &
9151 Imperial Hwy. Continued to 9/24 4
Council Minutes: Adj. & Regular Meetings, 8/27/96 Approved 4
Cash Contract #S. S. 454, school area flashin g beacons,
Woodruff Av. & Florence Av.: Award contract to New West
Signal for installation of four flashing beacons Approved 5
-�- Warrants Issued: #124460 - 124886 Approved 5
Contract with Automated Recovery Systems (ARS) for
collection services Approved 5
Res. #5988, approving the appointment of Cynthia Ma ana to
the Citizen's Health & Environmental Sanitation Committee
Dist. 5 Adopted 5
Ord. #1026, amending the Downey Municipal Code regarding
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purchasing procedures Adopted 5
Ord. #1027, amending the Downey Municipal Code pertaining
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to temporary signing Adopted 5
Police Facility upgrade project Received & Filed 6
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COUNCIL MINUTES, SEPTEMBER 10, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION
PAGE NO.
Cn. McCaughan re removal of alternative of taking property
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for the proposed I -5 Freeway widening
7
Cn. McCaughan re approval of EIR by the County Board
of Supervisors for the LACDA project `--`
7
Cn. Boggs re possible need for signalization or flashing lights
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at intersection of 7th St. & Downey Av. Referred to staff
7
Cn. Boggs re Item No. 6 on Top Ten List: Request for City
to retain lobbyists to work on legislation from Sacramento
that impacts the City 7
Cn. Brazelton re requirements for trash receptacles outside
fast food restaurants Referred to staff' 7
Mayor Lawrence re request by Gangs Out of Downey
Committee for assistance from Neighborhood Watch groups
to distribute information about their committee 7
Mayor Lawrence re Wednesday, September 11th, concert in
the park celebrating City's 40th Anniversary of Incorporation
with performance by the Kingston Trio 7
Mr. Caton gave update on LACDA project 7
Mr. Caton commented on status of Rockwell/NASA property 8
Mr. Caton re luncheon by the City to honor top businesses and
top employers in the City 8
Meeting adjourned to 6:30 p.m., September 24, 1996
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 10, 1996
The City Council of the City of Downey held a regular meeting at 7:40 . m
y gu g p ., September 10,
1996, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence . residin
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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
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
John Finch, Police Captain
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Craig Gunther, Attorney, Burke, Williams & Sorensen !,
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Lawrence presented a Certificate of Appreciation to Marilyn "Lyn" Fisher for her
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service on the Citizens' Health and Environmental Sanitation Committee, District 5.
HEARINGS
Mayor Lawrence opened the Public Hearing to CONSIDER ADOPTING A RESOLUTION
SELF - CERTIFYING THE CITY'S CONFORMANCE WITH THE 1995 CONGESTION
MANAGEMENT PROGRAM, which was continued from the Council Meeting of August 27, 1996.
Mr. Rangel explained this is a State mandated requirement administered by the Metropolitan
Transportation Authority (MTA) and the MTA's 1995 Congestion Management Program (CMP) g g g
requires every city to adopt a resolution self - certifying it is in conformance. He advised conformance
insures the continued flow of Downey's allocation of Proposition 111 State g as tax monies.
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Council Member Boggs asked about the annual cost to the City to meet the State mandate and
was informed it requires a great amount of involvement by Building, Engineering and Planning staff,
which amounts to thousands of dollars.
There was no correspondence received regarding this matter.
There being no one present to speak in favor or in opposition to Adopting a Resolution Self -
Certifying the City's Conformance with the 1995 Congestion Management Program, it was moved by
Council Member McCaughan, seconded by Council Member Brazelton, and so ordered to close the ---
hearing.
RESOLUTION NO. 5987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING TIIE CMP LOCAL
IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089
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.
Mayor Lawrence opened the public hearing on APPLICATION OF CONTINENTAL
CABLEVISION TO TRANSFER CABLE TELEVISION FRANCHISE TO US WEST, INC.
Ms. McDonnell affirmed the Proof of Publication. It was moved by Council Member Boggs,
seconded by Council Member Brazelton, and so ordered to receive and file.
Ms. Yotsuya briefly described the history of the franchise and advised Continental entered into
a definitive agreement and plan for the merger of Continental Cablevision into US West in February of
1996. She noted the merger is expected to close on the fourth quarter of 1996. She pointed out
Resolution No. 4895 adopted in 1987 provides procedures to consider a request for control of the
transfer of the franchise and she explained the Federal Communications Commission (FCC)
regulations involved. Ms. Yotsuya mentioned Continental Cablevision submitted their FCC forms on
May 20, 1996 and the Council has 120 days, until September 17, 1996, to make its decision. On
August 3, 1995, the FCC adopted a social contract involving Continental to settle pending costs of
service and cable programming service tier complaints filed against Continental and to cover all of
Continental's then existing cable systems. She mentioned the FCC adopted an amendment to the
Social Contract in August 1996 and then explained the changes involved.
Ms. Yotsuya commented on the proposed transferee, US West, advising it is a holding
company conducting its operations through two subsidiaries, West Communications Group and the
US West Media Group. She mentioned prior to this hearing, the City Attorney reviewed
Continental's request and stated US West appears legally, professionally, technically and financially
qualified to hold the Franchise.
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Ms. Yotsuya advised that within 30 days after passage of the Ordinance, the Grantee must file
a written acceptance with the office of the City Clerk in a forma roved by the City Attorney. . Staff
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has proposed the following conditions be placed on the approval of the requested Franchise transfer:
that US West will honor i
Continental's commitments under the Social Contract and any amendments
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to the Social Contract; US West will agree that approval of the transfer is not deemed as approval or
content by the City that the cable system or any part of it as it presently exists be devoted to an y use
other than the provisions of a cable television service; US West will agree to apprise the City not less
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than sixty days prior to the use of the cable system or any portion thereof for ur oses of providing
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telecommunication services other than cable television services.
Mayor Lawrence inquired if the City Clerk has received any correspondence, and the response
was no,
Mayor Lawrence asked if there was anyone present who wished to speak in favor of the
Application of Continental Cablevision to Transfer the Cable Television Franchise to US West, Inc.
Perry Parks, Regional Vice - President of Public and Government Affairs for Continental
Cablevision, 550 North Continental Boulevard, El Segundo, addressed issues that have arisen in the
last 45 days. He advised Continental has started the construction process and experienced an
overload of calls. He noted they also had a rate restructuring and an equipment change that were
required by the Social Contract. He apologized for any inconvenience and advised it will be short
lived. They are close to the completion of the rebuild in Downey.
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There being no one else to speak in favor and no one to speak in opposition, it was moved by
Council Member Brazelton, seconded by Council Member Boggs, and so ordered to close the hearing.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
GRANTING CONSENT TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION
FRANCHISE FROM CONTINENTAL CABLEVISION, INC., TO US WEST INC.
The Ordinance was read by title only. It was moved by Council Member Riley, seconded by
Council Member Brazelton, and unanimously carried to waive further readin g and introduce.
Council Member Brazelton asked for confirmation if Council has until September 17th to make
a decision for or against the transfer and was advised by Graig Gunther of Burke, Williams &
Sorensen that there has been an extension until the next Council Meeting, September 24, 1996.
Council Member Boggs noted the Council did have a study session several months ago and
stated that this does not involve an extension of the franchise, only approval of the franchise transfer
from one group to another.
Council Member McCaughan referenced sections of the report where it mentions the grantee
has substantially complied with the material terms of the existing franchise and applicable law, and
quality of the grantee's service, including signal quality. He noted he is concerned about these areas
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and inquired if staff felt the cable company has complied with these terms. Mr. Gunther responded the
existing franchisee was in compliance based on determinations by staff and noted there are no
conditions to be imposed.
Council Member McCaughan referred to the proposal to provide cable connection to all public
schools in the City located within a certain distance from the existing cable plant. Mr. Gunther
mentioned this is a provision of the social contract and if there is a connection beyond 200 feet, the
cost for the incremental distance would be born by the school. Council Member McCaughan
requested a definition of a cable plant and was advised it is the cable system running overhead or
underground and is routed through defined places in the City.
Mr. Parks gave more detailed information regarding the cable connection to schools and
pointed out Continental has already connected all the schools in Downey to the existing plant.
He noted the connection was taken on as a company commitment in 1990 when Continental felt they
could make a contribution in the area of education.
Council Member McCaughan inquired about the quality of signal and customer complaints
stating the need to improve ingress. Mr. Parks replied Continental is working in phases, has just
repaired the system and is now beginning the activation phase. He noted in the next couple of weeks
to a month customers should see improvements.
Mr. McOsker noted a proposed agreement between the City and the franchise. He
recommended the agreement be brought back at the next meeting and specifically agendized for
Council approval at the second reading of the Ordinance.
CONSENT CALENDAR - ITEMS FOR REMOVAL
At the request of Mr. Caton, Agenda item VI - F - 2, RESOLUTION APPROVING PARCEL
MAP NO. 24577, 12508 CLARK AVENUE AND 9151 IMPERIAL IIIGHWAY, was held over
until the Meeting of September 24, 1996.
CONSENT CALENDAR
Council Member Riley noted for the record that she listened to the tape of the Meeting of
August 27, 1996 and will vote on the Minutes.
It was moved by Council Member Boggs, seconded by Council Member Brazeiton, 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, AUGUST 27,
1996: Approve.
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CASH CONTRACT NO. S.S. 454, SCHOOL AREA FLASHING BEACONS
WOODRUFF AVENUE BETWEEN BUELL STREET AND FLORENCE AVENUE
AND DOWNEY AVENUE BETWEEN CHEROKEE DRIVE AND LEXINGTON
ROAD (ACCT. NO. 26- 16454): Award a contract to New West Signal for the installation of
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four flashing beacons at the subject locations in the amount of $20,800 and authorize the use
, of $28,800 from the Safety Improvement Program (Budget amount $150,000) for this ro'ect
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including engineering, contract administration and contingencies: Approve.
WARRANTS ISSUED: NO. 124460 - 124886, $1,385,483.65: Approve.
CONTRACT WITH AUTOMATED RECOVERY SYSTEMS (ARS) FOR
COLLECTION SERVICES: Approve.
RESOLUTION NO. 5988 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF CYNTHIA MAGANA AS A MEMBER
OF THE CITIZENS' HEALTH & ENVIRONMENTAL SANITATION COMMITTEE
COUNCILMANIC DISTRICT FIVE
ORDINANCES
ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE H, CHAPTER 9 OF THE DOWNEY MUNICIPAL CODE
REGARDING PURCHASING PROCEDURES
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded b
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Council Member McCaughan, and unanimously carried to waive further reading and adopt.
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ORDINANCE NO. 1027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE SECTIONS 9148.06, 9148.14 AND 9148.20
PERTAINING TO TEMPORARY SIGNING
Mr. Caton explained this ordinance loosens up the requirements for temporary '
p q p ary signs within the
City to make it more business friendly. It also addresses an issue the Police Department has with
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temporary signs blocking windows which creates a hazard in the sense that law enforcement is not
able to look in.
The Ordinance was read by title only. It was moved '
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Mayor Lawrence, and unanimously carried to waive further reading and adopt.
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Prior to the foregoing vote, Council Member McCaughan mentioned he has observed signs
since the last meeting and is concerned about the portable A -frame signs and how they will be
enforced. He wondered if this section of the amendment may have been lowered too much.
Mayor Lawrence commented regarding her personal dislike for these particular signs but is
wiljing to see how they work out and noted Council can always bring this issue back.
Mr. McOsker noted the public hearing on the Ordinance has already been conducted. The
Council can make an amendment to a portion of the ordinance but it would require a first reading ,..�
tonight and a second reading at a subsequent meeting; however, it would not require an additional
public hearing if Council made an amendment as minimal as providing a height limit for A -frame signs.
He pointed out that adopting a sign ordinance and subsequently approving an amendment to provide a
height or size limit is sometimes problematic in reference to vested rights. With A -frame signs, which
are temporary signage, subsequent modifications to these regulations could be implemented after the
first 30 day period where the sign has been up and needs to come down in any case. There would not
be the same vested rights issue.
Council Member Brazelton noted he will vote in favor but urged staff to monitor how this is
regulated and to make adjustments if necessary.
ORAL COMMUNICATIONS: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
POLICE FACILITY UPGRADE PROJECT
Captain Finch mentioned as requested he has returned with a rough design of the proposed
Police facility upgrade project. He commented on a slide schematic of the present facility noting its
size is slightly less than 28,000 square feet. The proposed design adds 885 square feet of usable
space and involves remodeling 7,900 square feet of the existing facility. Two - thirds of the existing
building will not be affected by the project with the exception of replacing some worn floor covering.
He noted the following portions of the building will be impacted: The women's locker room and the
communications center will be expanded; the lobby area, command center and briefing room will be
reorganized and expanded; three corridors will be transformed into usable space; one of the divisions'
command offices will be relocated and placed closer to the operations of its unit. Captain Finch noted
the design is subject to significant change during the design and development phase and advised when
plans and specifications are completed, they will be submitted to Council for approval and authorizing
staffto go out to bid on the project. He responded to questions from the Council.
It was moved by Council Member Riley, seconded by Council Member Brazelton, and so
ordered to receive and file the report.
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OTHER BUSINESS - Council Members ►
Council Member McCaughan mentioned State and Federal officials have removed the
alternative of taking property for the proposed I - 5 Freeway widening and noted this is a true
victory for the I -5 Consortium cities have formed to handle this matter.
Council Member McCaughan noted the County Board of Supervisors has approved the EIR
for the LACDA project.
Council Member Boggs requested staff to check the intersection of 7th Street and Downey
Avenue. She noted receiving correspondence and the possible need for signalization or flashing
lights at this location.
Council Member Boggs noted Item No. 6 on her Top 10 List is for the City to retain
lobbyists to work on the volumes of legislation out of Sacramento every year that impact the
City.
Council Member Brazelton inquired if fast food restaurants are required to have trash
receptacles for customer use outside the building and noted he has received complaints that Jack -
In- The -Box at Florence Avenue and Lakewood Boulevard has no trash receptacles on the exterior
premises. He suggested considering adopting something, if this is not a requirement, and requested
information from staff'
Mayor Lawrence advised the City has received a request from the Gangs Out Of Downey
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Committee (GOOD) to help them distribute information about the committee to neighborhood watch
groups. She has talked to Chief Caldwell about supplying neighborhood watch officers with GOOD
brochures to distribute at Neighborhood Watch meetings.
Mayor Lawrence invited the audience to the Kingston Trio concert in the park on
Wednesday, September 11th, celebrating the City's 40th Anniversary of Incorporation and noted free
bus service is being offered from the Civic Center starting at 5:00 p.m. and continuing until everyone
has returned.
OTHER BUSINESS - Staff Members
Mr. Caton gave an update on the LACDA project and stated the vote was 4 -1 at the Board
of Supervisors meeting to reconfirm support for the project and the environmental document. He also
noted the Board is spending $500,000 to set up a task force to look at alternatives to the existing
project to placate the environmental lobby which is very strong in Los Angeles. The City's concern is
that while there may be other solutions, there is no way to finance those other solutions. Every ear it
would take to redesign the project would mean mandatory insurance, which is estimated to be in the
neighborhood of $7 million a year, coming out of the pockets of Downey residents.
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Mr. Caton mentioned the status of the Rockwell/NASA property and noted City staff is
working very hard to retain Rockwell jobs within the community. He advised NASA has made the
determination it will declare the property as surplus and unless the City i successful i n Washington, it
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will find there is no place for the Rockwell workers to work. He commended Congressman Steven
Horn and Senator Diane Feinstein for their efforts in this matter.
Mr. Caton commented on the luncheon to be held by the City tomorrow honoring the top
businesses in the City and the top employers.
ADJOURNMENT: 8:58 p.m.
The meeting was adjourned to 6:30 p.m., September 24, 1996, in the Council Chamber of
Downey City Hall.
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Joyce Judith E. McDonnell, City Clerk Jo y . Lawrence , Mayor
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