HomeMy WebLinkAboutMinutes - 10-08-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 8, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificate of Appointment for Cynthia Ma ana Citizens'
g
Health & Environmental Sanitation Committee, Dist. 5
1
Proclamation re Fire Prevention Week, Oct. 6 -12, 1996
1
Removal of Items from the Consent Calendar
2
Council Minutes: Adj. & Regular Meetings, 9/24/96 Approved pp 2
Warrants Issued: #125260 - 125702 Approved pp 2
Reappointment of Arthur Ochoa as City's rep. to Metropolitan
p
Cooperative Library System Advisory Board Approved
Downey Holiday Lane Parade Permit: Application of Chamber
of Commerce for 1996 Parade Approved pp 2
Zone Change #96 -66, properties at 7501, 7515 & 7539
Firestone Bl. Set Hr 10/22
g � 10/22/96 2
Appeal, Zone Variance #96 -61 & Conditional Use Permit #96-62,
for property at 10065 Sideview Dr., (Applicant Charles Kinstler) Set Hr g., 11/12/9h
g. � 2
Ord. #1029, amending Downey Municipal Code regarding
the licensing of solid waste collection businesses Adopted P 3
Ord. amending Downey Municipal Code regardin g the
placement of automated refuse /recycling containers Introduced
3
Telephone Replacement Approved pp ed 4
Contractual agreement to provide construction manager
for police facility upgrade project: Direct City Mgr. to sign Approved 4
pp
Appropriation Adjustments - Encumbrances: Carry - forward
budget items & Appropriation Adjustments for FY 1996 -97 Approved pproved 5
Cn. Boggs re No. 4 on Top Ten List - Expansion of Library hours
ry 5
PAGE 1 OF 3
COUNCIL MINUTES, OCTOBER 8, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCaughan re drivers speeding on Patton Rd. Referred to
behind Downey Community Hospital Police Dept. 5
Cn. McCaughan re signing of Rockwell/Boeing agreement 5
Cn. McCaughan re new projects underway & suggestion
of street sweeping at these locations 5
Mayor Lawrence concurred re new projects & need for
street sweeping 5
Mayor Lawrence re complaints about recording that answers
Police Department's business line & preference for live person 5
Mr. Caton re NASA Appropriations Bill signed by President
Clinton 5
Dr. Arthur Harvey re problems at Downey Community Hospital 6
Russ Persion re poor attitude of management at Downey
Community Hospital and its affiliates 6
Dr. David Hubbel re concerns about status at Downey Community
Hospital 6
Dr. J. Elder Bryan re situation at Downey Community Hospital 6
Robert Henderson re hospital situation & meeting with City
Attorney to discuss solution 6
Dr. Venter Waite re reorganization of the hospital & ongoing
investigation 6
David Gonsalves re hospital situation & request for Council to
use all available resources to resolve 6
Cn. Riley requested City Attorney research hospital bylaws 7
Cn. Brazelton re problems at hospital & offer to get involved in
negotiations between hospital board & citizens 7
Cn. Boggs re comments on hospital issue 7
PAGE 2 OF 3
COUNCIL MINUTES, OCTOBER 8, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mayor Lawrence re hospital situation 7
Adjournment in memory of Larry Mayfield, brother of
Greg Mayfield, Water/Sanitation Superintendent 7
Meeting adjourned to 6:30 p.m., October 22, 1996 7
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PAGE 3 OF 3
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 8, 1996
The City Council of the City of Downey held a regular meeting at 7:43 .. i. October 8, 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
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
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Bob Brace, City Engineer
Fernando de la Torre, Inspector/Fire Education
John Finch, Police Captain
Robert Gallagher, Building Official
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Lawrence presented a Certificate of Appointment to Cynthia Magana, Citizens'
Health & Environmental Sanitation Committee, District 5.
Mayor Lawrence presented a proclamation to Chief Irwin declaring the week of October 6-
12, 1996 as Fire Prevention Week. Chief Irwin and Fernando de la Torre, Inspector/Fire Education,
commented on programs scheduled at local schools, fire safety tips with emphasis placed on window
bars and smoke detectors.
HEARINGS: None
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CONSENT CALENDAR - ITEMS FOR REMOVAL
Mr. Caton advised the recommended action on Agenda item E -5 SET HEARING RING ON
APPEAL TO ZONE VARIANCE #96 -61 AND CONDITIONAL USE PERMIT #96-62 96 62 FOR
PROPERTY LOCATED AT 10065 SIDEVIEW DRIVE, DOWNEY, was to set
the hearing for
October 22, 1996; however, the applicant will be out of town and has requested the hearing q a ng be set for
7:30 p.m. November 12, 1996.
Agenda items VI -E -3, TELEPHONE REPLACEMENT, and VI -E -6, CONTRACTUAL
.�-.. AGREEMENT TO PROVIDE CONSTRUCTION MANAGER FOR POLICE FACILITY
UPGRADE PROJECT, were removed at the request of Council Member Boggs and Council
Member McCaughan.
Agenda item VI -E -7, APPROPRIATION ADJUSTMENTS - ENCUMBRANCES, was
removed at the request of Council Member McCaughan.
CONSENT CALENDAR
It was moved by Council Member McCaughan, seconded by Council Member Riley, y y
unanimously carried to approve the remainder of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, SEPTEMBER
24, 1996: Approve.
WARRANTS ISSUED: NO. 125260 - 125702, $1,214,325.70: Approve.
REAPPOINTMENT OF ARTHUR
OCHOA AS DOWNEY 'S REPRESENTATIVE TO
THE METROPOLITAN COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD,
as recommended by the Downey City Library Advisory Board: Approve.
DOWNEY HOLIDAY LANE PARADE PERMIT: Application of Chamber of Commerce
for Downey Holiday Lane Parade: Approve.
ZONE CHANGE NO. 96-66 FOR PROPERTIES AT 7501, 7515 AND 7539
FIRESTONE BOULEVARD: Set public hearing for 7:30 p.m., October 22, 1996, in the
Council Chamber of Downey City Hall: Approve.
APPEAL, ZONE VARIANCE #96 -61 AND CONDITIONAL USE PERMIT #96 -62
FOR PROPERTY LOCATED AT 10065 SIDEVIEW DRIVE, (APPLICANT/ -
APPELLANT: CHARLES KINSTLER): Set hearing for 7:30 p.m., November 12, 1996, in
the Council Chamber of Downey City Hall: Approve.
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ORDINANCES
ORDINANCE NO. 1029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
AMENDING SECTION 6250 OF THE DOWNEY MUNICIPAL CODE WITH REGARD TO
THE LICENSING OF SOLID WASTE COLLECTION BUSINESSES
The Ordinance was read by title only.
Mr. Powell explained the solid waste ordinance was revamped several months ago and this
Code section was changed; however, due to an oversight, the change omitted liability protection for
the City. The Ordinance has been rewritten so the City can reinstate its liability protection.
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to waive further reading and adopt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE V, CHAPTER 1, SECTION 5204.1, OF THE DOWNEY
MUNICIPAL CODE REGARDING THE PLACEMENT OF AUTOMATED
REFUSE/RECYCLING CONTAINERS
The Ordinance was read by title only.
Mr. Redmayne explained the current ordinance does not allow the placement of refuse/ -
recycling containers in the street, and this will allow residents to place the new containers in the street
to prohibit cars from parking close enough that would block the automated arm from picking up the
containers. Responding to concerns expressed by Council Member McCaughan, he indicated staff will
monitor this matter.
It was moved by Council Member Boggs, seconded by Council Member Riley, and
unanimously carried to waive further reading and introduce.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
TELEPHONE REPLACEMENT
Council Member Boggs requested a brief staff report on this item.
Mr. Williams explained staff's request for an appropriation to purchase new telephones and to
utilize carryover funds from last year. He noted the company that manufactures the present phones
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1
stopped production about seven years ago, and replacement parts are virtually non - existent. I
p y In
looking for new hones and contacting various companies, Telestar Business Systems w
p y was the only
company that could provide replacements for the City's phones - -the hones are manufactured b
p by
Comdial.
Council Member Boggs expressed concern about the unavailability of replacement parts for
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phones that were installed in 1984 and questioned why this may have occurred so soon and whether
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there is any recourse.
�--- Mr. Williams suggested the phones may have been an older model phone at the time they were
installed and noted Comdial has been making non - electronic phones for businesses for 8 -9 Y ears.
Council Member McCaughan inquired about the projected longevity of the new p hones and
asked for an explanation of the carryover appropriation.
Mr. Williams pointed out they will be a heavier -duty phone construction, and he and several
other offices in the City have been using these phones for the past 8 -9 years, which have never
required a service call. As to the carryover appropriation, he explained there was $25 budgeted
for the replacement of telephones last items year, plus there is an additional $15,000 in Fire Department
outlay tems from last year. He noted all City phones can be replaced with this money.
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Council Member Brazelton asked about placing a guarantee in the agreement for service of the
equipment for a specified period.
Mr. Caton then requested Mr. Williams to negotiate parts availability for a certain period of
time before signing for purchase of the p
e q ui ment.
It was moved by Council Member Riley, seconded by Council Member Brazelton, and
unanimously carried to approve $88,912.29 for the purchase of new telephones from Telestar
Business Telephones and appropriate an additional $48,912.29 from the Equipment
Replacement Fund and direct staff to negotiate a guaranteed period for parts availability.
CONTRACTUAL AGREEMENT TO PROVIDE CONSTRUCTION MANAGER FOR
POLICE FACILITY UPGRADE PROJECT
Council Member McCaughan inquired about the duties of the construction manager prior to
the start of the project and was informed by Captain Finch the construction manager can be utilized for
design development and contract documents, plan checks, etc., before construction is actually started
also, he will be the eyes and the ears of the City and will look out for the City's interests during the
preliminary portion of the project. The project manager has already assisted by sitting in on meetings
and has proven very helpful. The bulk of the construction manager's time will be used during the
actual construction project.
It was moved by Council Member Boggs, seconded by Council Member Brazelton, and
unanimously carried to direct the City Manager to enter into an agreement for professional
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services with JC & Associates Development Consultants for construction management services
for the Police Facility Upgrade Project.
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1
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APPROPRIATION ADJUSTMENTS - ENCUMBRANCES
Council Member McCaughan noted the first section of the report lists those things that are not
encumbered and inquired if the funds will still be spent.
Mr. Powell explained these items are planned for expenditures in 1996 -97. They were
originally budgeted for the last fiscal year, 1995 -96, but were not purchased or delivered as of June
30th so they were not encumbered and are being carried forward. There is a purchase order for all
items listed.
It was moved by Council Member McCaughan, seconded by Council Member Boggs, and
unanimously carried to approve the carry - forward budget items and the Appropriation
Adjustments for Fiscal Year 1996 -97.
OTHER BUSINESS - Council Members
Council Member Boggs advised No. 4 on her Top Ten List is see greater focus made on
expanding hours at the Library.
Council Member McCaughan mentioned complaints received regarding drivers speeding in
the area of Patton Road behind the hospital and requested the police department patrol this area in
the morning hours prior to the opening of school, around 7:00 to 8:00 a.m.
Council Member McCaughan mentioned President Clinton signed the Rockwell/Boeing
agreement.
Council Member McCaughan commented on the new projects underway in the City, such as
the Krikorian Theater and Parking Structure. He suggested street sweeping in this area since it is
getting dusty. He also noted the ground has been cleared for the start of the Community /Senior
Center and Gymnasium project.
Mayor Lawrence added to comments on the Gymnasium site by stating the Historical Society
found itself minus its front steps last week. She noted new projects create a lot of dirt and dust
and suggested staff make sure these sites are kept as tidy as possible at the end of the day to lessen the
inconvenience to other businesses in the area.
Mayor Lawrence mentioned complaints received about the recording that answers the
Police Department's business line. She concurs with these complaints and prefers having a live
person answer these calls.
OTHER BUSINESS - Staff Members
Mr. Caton commented on the NASA Appropriations Bill signed by President Clinton and
advised it allows the City to purchase 67 acres at the Rockwell site at the extremely reasonable terms
of no payments and no interest for 20 years. He commended Senator Diane Feinstein, Congressman
Steven Horn and Congressman Jerry Lewis of Riverside for their strong efforts in getting this bill
signed.
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ORAL COMMUNICATIONS
To eliminate any conflict of interest, Council Member McCaughan left the dais during
discussion on the Downey Community Hospital (DCH).
Dr. Arthur Harvey, 7629 E. Fourth Place, commented on his years of service on the staff at
the Hospital, noting the positions he held. He expressed concerns about management noting the
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present occupancy rate, cancellation of the contract with Blue Cross Insurance and conversion to
CareMore HMO. He stated the hospital is losing money each month, is on the verge of bankruptcy, is
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�,-- catering to doctors who moved over to Downey, and is completely ignoring the independent
physicians who have now left to associate with other p
hospitals. He also noted patients were solicited
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away from the independent doctors. Dr. Harvey suggested Council seek independent counsel for a
second opinion and noted the hospital is spending money from the Independent Trust to file lawsuits
on members of the community.
Russ Persion, 11469 Samoline Avenue, cited the poor attitude of present management at
DCH and its affiliates. Many people have donated funds and hours of service for the benefit of the
hospital and now can no longer be accepted as patients due to insurance restrictions. He stated the
Council has been granted passage to hospital board meetings through Senate Bill 1504 and since the
hospital is a community affair, the Council should become more involved.
Dr. David Hubbel, 12113 Julius Avenue, expressed concerns about the current state of the
hospital and noted both the doctors and the patients are dissatisfied. He mentioned an informal
survey determined that 45 doctors are moving all or part of their practices to other hospitals. Also,
these doctors object to having their patients approached and misled by the CareMore group in an
effort to convert them to CareMore subscribers.
Dr. J. Elder Bryan, described his years of affiliation with the hospital and noted his concern
about the present situation. He feels the present 11- member Hospital Board has tried to socialize
DCH with its own HMO and is using non - profit money to do this. He asked the Council to help the
-�-- citizens of Downey.
Robert Henderson, 7819 Via Amorita, mentioned he has been investigating the hospital
situation, feels there is a major crime going on, and asked the Council to cooperate with the citizens
of Downey to save the hospital. He has a meeting scheduled with the City Attorney next week and
hopes to discuss a solution to the situation at that time.
Dr. Verner Waite, stated with the reorganization of the hospital the large board is kept in the
dark and only members of the 11- member super -board know what is going on and have any authority.
He questioned present financial practices at the hospital and mentioned that several Federal agencies
along with the Attorney General's office are still investigating this matter.
David Gonsalves, 7850 Kingbee Street, mentioned employees at the hospital feel they cannot
say anything for fear their jobs are threatened. He urged the Council to use all available resources to
search for a solution.
Council Minutes 10/08/96 -6-
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Council Member Riley requested the City Attorney research the new bylaws of the
hospital to make sure what board the City Council is supposed to sit on and if the new bylaws are in
accordance with the lease requirements.
Mr. McOsker noted he would be happy to research this and present his findings to the Council.
Council Member Brazelton commented he feels there are problems at the hospital and
advised he has known some members of the 11- member super board personally for many years. He
realizes the medical profession is currently undergoing a major upheaval with HMO's, legislation
changes, etc. However, he has reviewed the lease along with the City Attorney, the Attorney —` -
General's office, the Internal Revenue Service, and all have concluded that technically there is no legal
violation. A provision of the lease is the hospital must maintain a non -profit status and there are
certain financial restrictions and reports required that have been adhered to. He does not feel it would
be prudent for the City to enter into expensive litigation with no solid grounds, and he would prefer to
become involved in citizen negotiations and sit down with the people on the hospital board.
Council Member Boggs mentioned she has been looking for a legal basis to deal with the
hospital situation and asked if audience participants knew of any legal basis that the Council has not
looked into. She has attended several hospital board meetings to see what was going on and it is clear
there is a problem. She expressed confusion as to how the same people can take money from a non-
profit and loan it to themselves in a for - profit corporation, which she requested be looked into. She
noted Council has the responsibility to not get into litigation unless it has the opportunity to prevail,
since litigation is expensive and takes money away from other areas of need.
Mayor Lawrence mentioned she has talked to many people and written to many others
regarding the hospital situation and recognizes, from a former employee's standpoint, that patients
deserve proper care. As Mayor she advised it is Council's responsibility to not place the City in a legal
situation unless there is solid basis to do so. The Council has done what it can within its powers at
this time but will continue to be open to suggestions.
ADJOURNMENT: 9:01 p.m. --�.
The meeting was adjourned in memory of Larry Mayfield, brother of Greg Mayfield,
Water /Sanitation Superintendent, to 6:30 p.m., October 22, 1996, in the Council Chamber of
Downey City Hall.
"r) . a x E f
FL- /I 6: 6' Judith E. McDonnell City Clerk
. Joyce L. Lawrence, Mayor
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