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HomeMy WebLinkAboutMinutes - 01-14-97 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Ord. 1035, extending for 10 mos. & 15 days an Interim Urgency Ordinance re Wireless Communications Facilities & adoption of interim regulations for Establishment of Commercial Wireless Services in City Adopted 2 Removal of Items from Consent Calendar 2 Council Minutes: Regular Meeting, 11/26/96; Adjourned Regular Meeting, 12/3/96; and Adjourned & Regular Meetings, 12/10/96 Approved 2 Warrants Issued: #127502 - 128542 Approved 2 Selection of Law Firm for Personnel/Labor Relations Matters: Authorize City Mgr. to execute agreement for special services between City & Liebert, Cassidy & Frierson Approved 2 1997 -98 Federal Community Development Block Grant (CDBG) & Home Investment Partnership programs Set hrg. 1/28/97 3 Hazard Elimination Safety Proj. - Traffic Signal Modifications: Consultant Agreement with Albert Grover & Assoc. Approved 3 Res. #6004, Approving Appointment of Barbara Halbmaier to Library Advisory Bd., Dist. 2 Adopted 3 Res. #6005, Approving Appointment of Dr. George Davis to Emergency Preparedness Comm., Dist. 3 Adopted 3 Res. #6006, Approving Appointment of Linda Davis to Personnel Advisory Bd., Dist. 3 Adopted 3 Res. #6007, Approving Reappointment of Robert Winningham to Recreation & Community Services Comm., Dist. 5 Adopted 3 Res. #6008, Approving Reappointment of Dennis Pagenkopp to Traffic Comm., Dist. 5 Adopted 3 Res. #6009, Approving Final Subdivision Map of Parcel Map #24601 (13059 Clark Av.), Apprvg. Agreement w /Subdivider & Accepting Irrevocable Commercial Letter of Credit Adopted 4 Page 1 of 3 COUNCIL MINUTES, JANUARY 14, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6010, Approving Second Amended & Restated Subdivision Agreement w /Subdivider for Tract Map #46583 (9001 Paramount Bl./Kris tin Dr. N/o Gallatin Rd.) & Accepting Credit g Letter of Credit Adopted 4 Res. #6011, Authorizing Maint. Agreement for Traffic Signal at Gardendale St. & Garfield Av. w/City of South Gate Granting & G anting Authority to the Mayor to execute Adopted 4 p Res. #6012, Approving Program Supplements #2 & #3 to State - Downey Master Agmt. #SLTPP -5334 covering State -Local Transportation Partnership Program Funding for pavement resurfacing on Studebaker Rd. from Cecilia St. to Florence Av. & on Florence Av. from Little Lake Rd. to East City Limits Adopted 4 Ord., Protecting Public Health & Safety & City Property re Control of Discharges & Pollutants & the Prohibition of Illicit Discharges & Illicit Connections to the Municipal Separate Storm Sewer System by amending DMC Art. V, adding new Chapter 7, "Storm Water & Urban Runoff Pollution Control" Adopted 4 Ord. #1033, Extending by Ten Years the Term of an Existing Cable Franchise Adopted 5 Council consideration of establishing a Hospital Commission: Authorize staff to draft communication to the public soliciting questions only within areas of quality of care at the Hospital, incl. financial health & functioning of the Hospital, & to establish a deadline for submittal of questions in writing. Council will add its questions & retain prerogative to review all corres. & submit to the Hospital for written response. Council established 2-week time frame for submitting questions Approved 10 Joel Lubin suggested appointing full time City Attorney; has experienced less problems with cable television service but cited need to improve on customer service 10 Lennie Whittington re ownership of Hospital property & rules for conduct at Council Meetings 11 City Council Committee Assignments for 1997 with changes Approved 11 Page 2 of 3 COUNCIL MINUTES JANUARY 14, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Lawrence re placing Second Century Foundation on future agenda & suggested they be called back around the year y 2005 to help plan City's 50th Anniversary 11 ated in , Cn. McCaughan re setting study session on police building, Anticipated computer system, joint dispatch concept February 11 Council consideration of approving Purchase of Attorney Withdrawn b y by General File re Downey Community Hospital Cn. McCaughan 12 Cn. Riley re water storage facility being built in South Gate 12 Cn. Riley complimented improved appearance along Imperial Hwy. 12 Cn. McCarthy re 100 -year flood - LACDA Project, & suggested citizens contact Senators Boxer & Feinstein for their support in getting project completed 12 City Manager Caton re flood 1 in aesthetics g p a project; aesthetics of Imperial as it relates to gymnasium & community center projects; & status of p J , parking structure in downtown area 12 Adjourned in memory of Jasmine Anzo; Harry Rayson; Ned Young; & Ed Mora 12 Meeting adjourned to 6:30 p.m., January 28, 1997 12 HACCLERK \SCONI'EIMINITI ESUB.L 1- 14.WPD Page 3 of 3 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 14, 1997 The City Council of the City of Downey held a regular meeting at 7:37 p. m., January 14, 1997, in the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding. PRESENT: Council Members: Joyce L. Lawrence Mayor Barbara J. Riley Mayor ProTem Gary P. McCaughan, M.D. Robert S. Brazelton Keith McCarthy 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 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 EXTENDING THE INTERIM URGENCY ORDINANCE RELATING TO COMMERCIAL WIRELESS SERVICE FACILITIES (CELLULAR PHONE TOWERS) IN THE CITY OF DOWNEY. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Riley, seconded by Council Member Brazelton, and so ordered to receive and file. Mr. Rangel noted the City is required to issue a report at least ten days prior to the expiration of the Interim Urgency Ordinance adopted by the Council on December 10, 1996, outlining the measures taken to alleviate the conditions that lead to the adoption of the ordinance. Staff is now providing this report and is also recommending a revision to the ordinance, which is to have the Council Minutes 01/14/97 -1- 1 ordinance apply to City owned olf course, parks and buildings. He ordinance � p g advised the ordinance specifically applies to commercial wireless providers and does not apply to amateur radio operators. H pp y p He mentioned regulations required under the ordinance and responded to questions from the Council. There was no correspondence received regarding this matter. There being no one present to speak in favor of or in opposition to extendin g the interim urgency ordinance, it was moved by Council Member McCaughan, seconded by Council Member Brazelton, and so ordered to close the hearing. ORDINANCE NO. 1035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS, AN INTEL URGENCY ORDINANCE, RELATING TO WIRELESS COMMUNICATIONS FACILITIES AND THE ADOPTION OF INTERIM REGULATIONS FOR THE ESTABLISHMENT OF COMMERCIAL WIRELESS SERVICES IN THE CITY OF DOWNEY The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried to waive further reading and adopt. g p It was moved by Council Member Riley, seconded by Council Member Brazelton, and unanimously carried to adopt Staff's Report pursuant to Government Code Section 65858(d) explaining the steps taken to alleviate adoption of the Urgency Interim Ordinance. CONSENT CALENDAR - ITEMS FOR REMOVAL: None CONSENT CALENDAR It was moved by Council Member Riley, seconded by Council Member Brazelton, y ,and unanimously carried to waive further reading of the Resolutions and approve the Consent Calendar as recommended: COUNCIL MINUTES: REGULAR MEETING, NOVEMBER 26, 1996, ADJOURNED REGULAR MEETING, DECEMBER 3, 1996 (Council Reorganization), ADJOURNED AND REGULAR MEETINGS, DECEMBER 10, 1997: Approve. WARRANTS ISSUED: NO. 127502 - 128542, $3,097,264.81: Approve. SELECTION OF LAW FIRM FOR PERSONNEL/LABOR RELATION • RELATIONS l�Z.ATTERS. Authorize the City Manager to execute the agreement for special services between the City and p y the law firm of Liebert, Cassidy and Frierson: Approve. Council Minutes 01/14/97 2 / i! •.f� y s y i , tJ E_1 1997 -98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAMS: Set hearing for 7:30 p.m. January 28, 1997, in the Council Chamber of Downey City Hall: Approve. HAZARD ELIMINATION SAFETY PROJECT - TRAFFIC SIGNAL MODIFICATIONS - APPROVE CONSULTANT AGREEMENT: Approve the Agreement for Professional Services with Albert Grover and Associates to complete traffic signal plans, specifications and cost estimates for the Hazard Elimination Safety Project at a cost not to exceed $15,000: Approve. RESOLUTION NO. 6004 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF BARBARA HALBMAIER TO THE LIBRARY ADVISORY BOARD FOR COUNCILMANIC DISTRICT TWO RESOLUTION NO. 6005 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DR. GEORGE DAVIS TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC DISTRICT THREE RESOLUTION NO. 6006 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LINDA DAVIS TO THE PERSONNEL ADVISORY BOARD FOR COUNCILMANIC DISTRICT THREE RESOLUTION NO. 6007 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF ROBERT WINNINGHAM TO THE RECREATION & COMMUNITY SERVICES COMMISSION FOR COUNCILMANIC DISTRICT FIVE RESOLUTION NO. 6008 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RE- APPOINTMENT OF DENNIS PAGENKOPP TO THE TRAFFIC COMMITTEE FOR COUNCILMANIC DISTRICT FIVE Council Minutes 01/14/97 -3- �p "a ,F.N a' RESOLUTION NO. 6009 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24601 (13059 CLARK AVENUE), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE COMMERCIAL LETTER OF CREDIT AS SURETY RESOLUTION NO. 6010 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SECOND AMENDED AND RESTATED SUBDIVISION AGREEMENT WITH THE SUBDIVIDER FOR TRACT MAP NO. 46583 (9001 PARAMOUNT BOULEVARD - KRISTIN DRIVE NORTII OF GALLATIN ROAD), AND ACCEPTING OF A LETTER OF CREDIT AS SURETY RESOLUTION NO. 6011 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A MAINTENANCE AGREEMENT FOR A TRAFFIC SIGNAL AT GARDENDALE STREET AND GARFIELD AVENUE WITH THE CITY OF SOUTH GATE AND GRANTING AUTHORITY TO TIIE MAYOR TO EXECUTE AGREEMENT RESOLUTION NO. 6012 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NOS. 2 AND 3 TO STATE - DOWNEY MASTER AGREEMENT NO. SLTPP -5334 COVERING STATE - LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDING FOR PAVEMENT RESURFACING ON STUDEBAKER ROAD FROM CECILIA STREET TO FLORENCE AVENUE, AND ON FLORENCE AVENUE FROM LITTLE LAKE ROAD TO THE EAST CITY LIMITS, RESPECTIVELY ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, PROTECTING PUBLIC HEALTH AND SAFETY AND CITY PROPERTY WITH RESPECT TO CONTROL OF DISCHARGES AND POLLUTANTS, AND THE PROHIBITION OF ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM, BY AMENDING ARTICLE V OF THE DOWNEY MUNICIPAL CODE BY ADDING NEW CHAPTER 7, "STORM WATER AND URBAN RUNOFF POLLUTION CONTROL" Council Minutes 01/14/97 -4- 4 Mr. Redmayne advised the City is required • Y y equired under the Clean Water Act to obtain a permit for urban runoff pollution control as Federal requirements require the City q q y to manage systems that discharge storm waters into the storm sewers. To comply with these requirements p y equlrements the City must adopt an ordinance that will satisfy the requirements of the act. The fiscal impact mpact to the City would be approximately $80,000, which has been budgeted for this Y ear. Council Member McCaughan asked if the $80,000 budgeted includes the cost t to have an official enforcing these requirements and was advised this was not included and ' d additional funds would have to be budgeted next year. Mayor Lawrence commented on a hearing she attended on this matter and noted the League of California Cities, Los Angeles Division, objected to it because it was an unfunded mandate. She noted her concern about enforcing it. Mr. McOsker explained the City must show it has the ability to enforce the permit. ' y p t. The City is required to adopt these regulations and to build into them enforcement mechanisms. Council Member McCaughan asked if this creates a liability for the City and was advised Y y sed that it does, as failure to implement conditions of the ermit could come with large fin p g fines. Mayor Lawrence mentioned Item 5705 (b) Spills, g Dum p in and Disposal, and asked if this p would affect leaf blowers as they blow leaves into the gutter. Mr. McOsker advised this is ' g s s a condition or limitation under the permit and the purposeful blowing f leaves into the gutters is a violation g g o anon of the permit. The Ordinance was read by title only. It was moved by Council Member McCaughan, seconded by Council Member Riley, and unanimously carried to waive further readin g and introduce. Mayor Lawrence asked if mobil car detailing would be included as there could be oil based discharges. Mr. McOsker advised that mobil car washing, including detailing, where it is anticipated g g g, that debris from the car would move into the storm drain system could be a violation Y of the regulations. ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING BY TEN YEARS THE TERM OF AN EXISTING CABLE FRANCHISE Mr. Caton explained this ordinance was adopted at the last Council meeting; however, it inadvertently g ' ' rtently contained language when the ordinance was in the draft pp stage, e, as opposed to the final copy that was submitted when the ordinance was introduced. The ordinance as introduced contained language indicating certain plans and documents would be on file in the office of the City Clerk, , whereas the language of the ordinance presented for adoption contained language that certain lam p plans and documents would be included as exhibits to the ordinance, which was not the intent. The Council Minutes 01/14/97 -5- r 0 5' ordinance is now presented with the identical language reflected at the time i it was introduced and he requested the council re -adopt the ordinance. The Ordinance was read by title only. It was moved by Council Member Braze lton, seconded by Council Member McCarthy, and unanimously carried to w aive further reading and y g adopt. RESOLUTIONS: None ADMINISTRATIVE REPORTS COUNCIL CONSIDERATION OF ESTABLISHING A HOSPITAL COMMISSION Council Member McCaughan excused himself from the dais and sat in the audience during this g portion of the meeting. Mr. Caton commented on the importance of maintaining a healthy hospital for the community, its residents and employees, and said the goal on both sides of the issue should be to make sure the hospital stays a real strength in the community. He mentioned Mr. Winningham's proposal y g p p to form a hospital commission and being directed by Council to meet with Mr. Winningham and representatives p of the Hospital to discuss whether there is an agreement on establishing a commission. He has provided copies of his report for public review this evening, which includes copies of correspondence p from Mr. Winningham and DCH Health Services Corporation, which reflect their positions that indicate they are not in agreement with the need for a hospital commission. Mr. Caton noted the concerns of the community about this controversy, which relate to quality of care at the hospital, , financial issues, the City's relationship with the hospital, and the hospital lease. It was his recommendation that the City Council make this issue a top priority item. He also recommended the Council not delegate authority to a commission, which would be advisory in nature, but retain themselves as the point of authority in attempting to work out this dispute. He discussed the thorough review of hospital documents conducted by a Deputy City Attorney, who is a certified public accountant, an expert on non -profit corporations and is familiar with how hospitals and non- profit corporations operate, and the conclusion that the lease provisions are being complied with. Mr. Caton further suggested the Council solicit concerns from the community and receive letters, signed or y g unsigned, with questions regarding the hospital, and then request specific answers from the hospital and bring the information back at a Council meeting for further discussion. He briefly outlined the procedure involved should the Council decided to form a hospital commission. Mayor Lawrence opened the meeting for comments from the public. Mr. Ed Di Loreto, 7333 Rio Flora Place, said the hospital was built with community spirit and monetary contributions from the public. He noted his own family's involvement as a willing financial contributor and as volunteers. He expressed his high respect for members of the hospital board and noted the hospital is for everyone's benefit. Mr. Di Loreto favored forming a commission as it will provide a cushion between the two parties and introduce the objective thinking of a separate impartial body. He said the failure to form a commission will harm the citizens which could lead to further divisiveness and possible litigation. Council Minutes 01/14/97 -6- 4 „ , tJ Mr. Sam Smock, 9701 Dolan Avenue, serving as chairman of the hospital board of directors, stated his belief that a hospital commission would be duplicative, unnecessary and counter - productive. He ment ioned in December, the board invited 12 of the most vocal hospital critics to meet with the board and candidly discuss their concerns, but only one individual agreed to meet with them. He said the negative response to the invitation clearly demonstrates the opponents do not want to speak with the hospital board directly and that a hospital commission will not appease them. He went on to explain how the allegations of hospital critics have negatively impacted the hospital and its staff. Mr. Nick Shubin, 10506 Birchdale Avenue, mentioned he is chairman of the Board of Directors of DCH Health Services and has been a volunteer at the hospital for ten years in various capacitieE.. He pointed out that the function of inquiring into the hospital operations, which a hospital commission would be asked to do, is the very function the board members provide. He stated his opinion that a hospital commission would be worthless, but said if one is appointed, its goals and pp g objectives should be clearly outlined, including identifying members of concerned citizens and the save our hospital group, and the commission should report its findings to the entire community. Y Mr. Robert Shand, 10806 Pico Vista Road, discussed the events that occurred 32 years ago leading to the funding and construction of the hospital. He claimed there is no reason why anyone cannot go to the hospital and obtain information or discuss issues of concern and he voiced his opinion against the anonymous letters criticizing the hospital. Dr. Marshall Kahn, 10330 Downey Avenue, said he has been a practicing physician in Downey and surrounding communities for over 40 years and serves as Chief of Family Practice at Downey Community Hospital and is current medical director for CareMore Medical Group. He emphasized the quality of care at the hospital is better than ever and is still improving - -it is an ongoing process. He felt that nothing would be gained by forming a hospital commission and a better approach would be for the Council and concerned citizens to avail themselves of the hospital's pital's " enness” and cooperation to determine the truth in this matter. Mr. Andy (inaudible), 10751 Lakewood Boulevard, stated the list of concerns regarding the hospital issue should also include ethics, and he feels a commission should be formed to determine what is fact and fantasy. He questioned whether the City had sufficient staff time to monitor a commission and recommended the Council appoint an interim committee to begin collectin g information while developing the process of forming a commission. Ms. Betty Ann Wellen, 5062 Fairway Drive, Yorba Linda, said she is a Registered Nurse in the emergency room at Downey Community Hospital and serves as pediatric clinical coordinator. She also works as EMS coordinator for the Santa Fe Springs Fire Department and has witnessed the care given in other facilities in the area, which she indicated is not near the quality of care delivered at Downey Community Hospital. Mr. Frank Perez, 9104 Gainford, discussed Downey Community Hospital's $3.5 investment in a health care program, that failed in two years, and he expressed concern about the financial investments of the hospital in for - profit ventures. Council Minutes 01/14/97 -7- x = t_, Ms. Kathy Foster, 9248 Appleby, cited her involvement in the community through various organizations and her employment at Downey Community Hospital, and expressed pride in the various expansion projects undertaken by the hospital and the services it provides. She also expressed disappointment at the anonymous letters and advertisements that have been circulated. Ms. Patricia explained Tersi, 7934 Irwin grove, lained the quality of care provided to a family member g p q Y p y by the Downey Community Hospital. Mr. Joel Lubin, 7820 Allengrove, expressed concern about the hospital situation and the solutions being offered and questioned whether a hospital commission could solve this issue. He feels the problem is not medical care at the hospital but public relations, and suggested the hospital conduct gg p an outreach program to bring more people on the board. Mr. Ronald VanFleet, 7901 Harper Avenue, said he has served as a member of the Hospital Board since 1978 and has been elected to the board of DCH Foundation and Health Services. He expressed outrage at the anonymous communications bein g circulated and indicated he will continue to sit on the board as long as he is able. Mr. Lennie Whittington, 8542 Manatee, discussed his involvement with the City and the hospital dating back to 1974 that began with a problem of noise emanating from the hospital air conditioning system, and then again during the referendum procedure and election that was subsequently held after the City approved the 99 year hospital lease for $1.00 a y ear. He indicated his involvements were never anonymous in nature and that all he has ever wanted was for the hospital to comply with City ordinances. Mr. Whittington mentioned being subpoenaed by the Hospital as a result of an ongoing lawsuit, to take his deposition, which he objected to. Addressing the Mayor, he questioned of the amount of sick people's funds expended on the lawsuit, lawyers, investigators, subpoenas, etc., and the number of people subpoenaed for their depositions. He then commented on the question of hospital board closed session meetings being held in violation of the Brown Act and of special legislation that was passed exempting the hospital from the Brown Act provisions. Dr. Verner Waite, 5243 Vista Del Sol, Cypress, formerly a director at Downey Community Hospital, discussed his concern of the hospital giving $4 million to a for-profit corporation and what p p the funds were used for, and indicated he subsequently reviewed this matter and submitted his report to the hospital and the Fair Trade Commission (FTC), and was then discharged. Dr. Waite favored formation of a commission and noted there is serious concern about hospital conversions p from non - profit to for - profit. Dr. Sheldon Zinberg, 1520 North Leonard Drive , La Habra, mentioned people have been repeatedly invited to Hospital Board meetings for answers but have failed to attend. He also noted the continued harassment and accusations made against him and his son and the attempts to discredit CareMore, its officials, and Downey Community Hospital and its officials. Mr. Mike Burns, 11976 Heritage Circle, mentioned his recent surgery at Downey Community Hospital and of the favorable treatment he received. He said the hospital is for the patients, he questioned some of the issues that have been raised, and he indicated he would gladly accept Dr. g Y p Zinberg's offer to meet for discussion. He called for a conclusion to this matter. Council Minutes 01/14/97 -8- 1 Mr. Art Morris, 9210 Stamps Avenue, indicated he has been associated with the hospital for . his p over 60 years, noting he and his family owned the old Downey Community Hospital. He stated the goal of the hospital is to provide the best possible care at the least cost for patients from this community, and it has been in the City nearly 77 years, with no tax dollars ever used to fund it. He commented on how the hospital originally converted to a non - profit facility and mentioned that when he was elected to the holding company, he was concerned about the direction the hospital was going. When compared to other hospitals, he is now convinced that the hospital's reorganization will preserve its integrity. He cited statistics on the closure of 20 hospitals in the southern California area in recent years, and stated his belief that a hospital commission would further strangle Downey Community Hospital's further efforts to survive. Mr. William V. Adler, M.D., 27651 San Valley, Mission Viejo, mentioned times have changed, attempts have been made to adjust to the new system of medicine, and he believes the greatest benefit is for the patient. Doctors are scrutinized on a daily basis by insurance companies and investigative groups, etc., and Downey Community Hospital has had the foresight to begin an integrated form of medicine in order to keep the hospital operating. Dr. Adler did not feel a commission would be necessary and stated he hospital is open to answer the public's questions. { Council Member McCarthy entioned watching a video from the program 60 Y g p g Minutes about the takeover of non -profit hospitals by for - profit corporations and indicated he has been in contact with the Ohio Attorney General's office and spoken with many people across the spectrum of opinions on this issue. He noted the passage of Assembly Bill 3101 requiring the State Attorney General to provide written consent before any non - profit hospital facility is allowed to convert to a for-profit .. . p y p facility. This bill also provides for public meetings before any transaction can occur and states the transaction will not result in private inurement and that it occur at fair market value. His opinion was that a commission was not in order and felt it was his responsibility as a Councilman and an ex- officio member of the Hospital Board to represent the public and ascertain what is occurring at the hospital. g p Council Member Brazelton concurred with comments in the staff memo and felt there were two legitimate areas of concern: Quality of care and the financial stability and strength of the hospital. Y g p He did not feel a commission was the vehicle to alleviate public concern and that the Council, as the elected representatives of the people, could lend its hand by becoming the vehicle for the people by receiving questions from the public in the two areas of concern he mentioned and then submitting them to the hospital for written response to the Council. Council Member Riley favored a commission and felt the care and finances were the two most important items. She noted Downey Community Hospital was bought for, paid for and kept alive by members of the community. A large mistake was made in removing the voting rights of the Foundation and reinstating this right would give the community a big vote of confidence. She suggested the Holding Company Board and Council could hold discussions that might prove productive. If the Council does not establish a commission, she urged that the Council be given a seat as ex- officio members in the Holding Company, which is now the company that is actually in control of the h 3spital. She noted the audits by the City Attorney, the Attorney General and IRS were only concerning non - profit status and asked the City Attorney to advise exactly what these audits entailed. Council Minutes 01/14/97 -9- 4 - Mr. McOsker stated the review by the City Attorney of various documents a few years ago and Y Y Y g the recent analysis of the Attorney General's documents was to determine whether the hospital continues to or does comply with the terms of the lease. He noted one of the primary responsibilities is preservation of the non -profit status. Mayor Lawrence commented on her 22 year background in the health care field and her knowledge of the direction the health care field is taking. She advised she will not vote for the establishment of a hospital commission. She encouraged the hospital to consider Council Member Riley's suggestion of appointing the Council as ex-officio members of the holding company board and i structuring these meetings to allow the Council to attend the portion of the meeting that s not considered confidential. It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and unanimously carried (4 - to authorize staff to draft a communication to the public soliciting questions only within the areas of quality of care at the Hospital, including the financial health and functioning of the Hospital, and to establish a deadline for submittal of the questions in writing. The Council will add its questions and retain the prerogative to review all correspondence submitted to eliminate any redundancies and conflicting questions, and then submit them to the Hospital for a written response. The Council established a two week time frame for submitting questions. Council Member Riley asked if the motion would carry the request for the placement of a City Council ex- officio member on the holding company and Council Member Brazelton's response was no as this is an area to be further discussed. Mr. Whittington, 8542 Manatee, asked why the Council limited the areas of questioning and did not leave this open. Council Member Brazelton noted these are the only areas of legitimate concern that have been discussed and felt by narrowing the questions to these areas, most of the public's general concerns would be placated. Council Member Riley suggested staff be directed to form a request to the hospital about the q p placement of ex- officio members on the holding company, since she understands this is the body that directs the hospital. Mayor Lawrence explained the reason she supports for consideration by the hospital of placing Y p p g Council Members on the holding company board is to improve communications, and she felt it would provide the opportunity for more information and the public with a better feeling to know the Council is also able to attend these meetings. She said instead of directing staff to make the request that the Council do it themselves by talking with the hospital board chairman. Mr. McOsker noted for the record that this would be less than a quorum or essentially an ad hoc sub - committee that would contact the Chairman of the Holding Company and report back to the public meeting. Council Minutes 01/14/97 -14- Mayor Lawrence declared a recess at 10:08 p.m. The meeting reconvened at 10:24 p.m. with all Council Members present. ORAL COMMUNICATIONS Joel Lubin, 7820 Allengrove, suggested the City appoint a full time City Attorney as he felt it would be more economical for the City, and recommended current City Attorney Tim McOsker. He also mentioned he has experienced less problems with his cable television service but noted the need to improve in the area of customer service. Lennie Whittington, 8542 Manatee, noted the background concerning purchase of the hospital property and stated it is not private property but owned by the taxpayers of the City. He also referred to Ordinance #906 regulating conduct at Council Meetings and requested the Council to be consistent in enforcing this ordinance for all citizens and on all occasions. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: None OTHER BUSINESS - Council Members APPROVAL OF THE CITY COUNCIL COMMITTEE ASSIGNMENTS FOR 1997 Mayor Lawrence requested several changes in the assignment list relating to the Gateway Cities Council of Governments and the I -5 Consortium Policy Board. She noted she has been appointed as an alternate member of the Metropolitan Transportation Authority Board (MTA) and serving on the above committees may compromise her p osition on the MTA as these committees both attempt to obtain money from the MTA. She requested that Council Member McCaughan serve as the principal representative on the Gateway Cities Council of Governments, with Council Member McCarthy as the alternate, and that Council Member Brazelton serve as the principal representative on the 1-5 Consortium Policy Board, with Council Member McCaughan as the alternate. She also mentioned the Independent Cities Association does not have an alternate, so the alternate's name should be deleted from this position. It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and unanimously carried to approve the recommended City Council Committee Assignments for 1997 with the changes as noted. Mayor Lawrence pointed out that former Council Member Diane Boggs will remain as the Task Force Steering Committee Member on the Los Angeles River Water Shed project because of her long experience and relationship with this committee. Mayor Lawrence mentioned bringing the Second Century Foundation back on a future agenda and ncted this foundation has helped plan past City events. She suggested that they be called back around the year 2005 to help plan the City's Fiftieth Anniversary. Council Member McCaughan inquired about the status of setting study session regarding � y � g the police building, computer system, joint dispatch concept, and was informed by Mr. Caton that it is anticipated for the first meeting in February. Council Minutes 01/14/97 -11- 4 COUNCIL CONSIDERATION OF APPROVING PURCHASE OF ATTORNEY GENERAL FILE REGARDING DOWNEY COMMUNITY HOSPITAL Council Member McCaughan mentioned placing this item on the agenda because he had a series of questions he wanted to ask that the City Attorney could not answer. However, he has since had discussions with the Attorney General's office in Los Angeles, which satisfied his questions at this point in time, and he withdrew his consideration of this purchase. Council Member Riley requested information about the water storage facility being built in -- the City of South Gate. She was informed by Mr. Caton that a letter was received from a concerned citizen about a water reservoir being built that could possibly impact citizen's homes in Downey. Staff is researching this and will respond to the letter, and it was further noted that with two rivers between Downey and the reservoir, there would be no impact on this city. Council Member Riley complimented the improved aesthetics along Imperial Highway. Council Member McCarthy brought up the issue of the 100 year flood - LACDA Project, and urged the citizens of Downey to contact United States Senators Boxer and Feinstein for their support in obtaining further funds to get the project completed. OTHER BUSINESS - Staff Members Mr. Caton concurred with Council Member McCarthy regarding the floodplain project and noted the parapet walls will only be to Willow Street in Long Beach. He said the project will be halted if the $6 million presently appropriated is not increased. Responding to Council Member Riley's comment regarding the aesthetics of Imperial Highway, Mr. Caton advised the Gymnasium and Community Center projects are progressing nicely and are about one - fourth complete. Mr. Caton advised the parking structure in the downtown area is proceeding well and should be completed within the next thirty days. ADJOURNMENT: 10:40 p.m. The meeting was adjourned in memory of Jasmine Anzo, student at Maude Price Elementary School; Harry Rayson, retired City Building Official and longtime Downey resident; Ned Young, longtime Downey resident, member of the Second Century Foundation and involved in many other community activities over the years; and Ed Mora, husband of Pico Rivera Council Member Beatrice Proo, to 6:30 p.m., January 28, 1997, in the Council Chamber of Downey City Hall. yf' v„ • . 1d °. Judith E. McDonnell, City Clerk Jo y& . Lawrence, Ma y Mayor y h:\cclerkhcontelccmn0114 Council Minutes 01/14/97 ..12