HomeMy WebLinkAboutMinutes - 03-25-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 25, 1997
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Removal of Items from Consent Calendar 1
Council Minutes: Adjourned & Regular Meetings, 3/11/97 Approved 2
Cash Contract #S. S. 449 - Firestone Bl. - Pavement
Rehabilitation, Nash Av. to East City Limits: Approve plans
& specs. & grant authority to advertise for bids Approved 2
Warrants Issued: 130254 - 130675 Approved 2
Res. #6037, Adopting the MOU between the City & the
Downey Police Management Assoc. Adopted 2
Res. #6038, Granting a cost -of- living increase for Police Chief Adopted 2
Res. #6039, Approving the final subdiv. map of parcel map
No. 24560 (8008 Firestone Bl.) Adopted 2
Amendment to SEAACA Joint Powers Agreement, extending
the term by ten years & modifying the withdrawal provision Cont'd to 4/8/97 3
Public Library Fund allocation FY 1996 -97 Approved 3
Appeal Hearing - Denial of Entertainment Permit (Fireside Deemed the
Bar & Grill) Appeal withdraw 4
Amendment to Agreement with Laidlaw Transit Services for
DowneyLINK fixed route transit system through 6/30/97 Approved 4
Mayor Lawrence re naming the meeting room at Apollo Park
Community /Senior Center in honor of former Mayor
Diane P. Boggs Cont' d 5
Cn. McCaughan re removal of stop sign at Downey Av. & 2nd St. 5
Cn. Riley re aid to citizen by a Dial -A -Ride driver 5
Cn. Riley re making City facilities more public 5
PAGE 1 OF 3
COUNCIL MINUTES, MARCH 25, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Riley re answers to Hospital questions 5
Cn. McCarthy re answers to Hospital questions 5
Cn. McCarthy re petition from residents on Priscilla St.
concerned about increased foot & vehicle traffic in the area 5
Cn. McCarthy re complaint about weeds on Donovan St. 6
Mayor Lawrence re U.S. Supreme Court decision re
sidewalk news racks containing unsavory materials 6
Mayor Lawrence re status of new bus benches 6
Mayor Lawrence re letter commending Laura Wilson of
Code Enforcement 6
Mayor Lawrence re letter mentioning Code Enforcement
success stories 6
Mayor Lawrence requested info. on next City - School joint mtg.
& need to include several items 6
Mayor Lawrence re Fire Explorer Assoc. Academy 6
Lennie Whittington commended Diane Boggs for service to
Dist. 1; mentioned hospital questions; and complained about
new downtown parking structure not being opened 7
Jonathan Brownlee inquired about status of street lights in
9000 block of Brookshire Av. 7
Arthur Harvey mentioned being subpoenaed by the hospital 7
Jean Doud re NASA site and alternate uses for the City's
consideration 7
Gene Meyers re concept of building a space park on the NASA
site 7
Frank Perez mentioned meeting with a hospital investigator &
noted he has not received answers to his questions 7
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COUNCIL MINUTES, MARCH 25, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mr. Caton re grand opening of the parking structure 7
Mr. Caton re Krikorian Theater project 8
Mr. Caton re meeting with Coca Cola 8
Mr. Caton re article in the Downey Eagle re the LACDA proj.
and one -year delay in mandatory flood insurance 8
Mr. Caton discussed the City's proposed plans for the NASA site 8
Mr. Caton re the hospital questions 8
Mr. Caton mentioned staff will review the street light request on Referred to
Brookshire Av. and the Priscilla Street petition staff 8
Cn. Brazelton re hospital questions 8
Adjourned in memory of Louise Wright & Lynwood Council
Member Louis J. Heine 8
Meeting adjourned to 6:30 p. m., April 8, 1997 8
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PAGE 3 OF 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MARCH 25, 1997
The City Council of the City of Downey held a regular meeting at 7:33 p.m., March 25, 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
Vicki Jenkins, City Librarian
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS: None
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI -E -1, AMENDMENT TO AGREEMENT WITH LAIDLAW TRANSIT
SERVICES FOR DOWNEYLINK FIXED ROUTE TRANSIT SYSTEM, was removed at the
request of Mayor Lawrence.
CONSENT CALENDAR
It was moved by Council Member Riley, seconded by Council Member McCarthy, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
Council Minutes 3/25/97 -1-
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COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MARCH 11,
1997: Approve.
CASH CONTRACT #S.S. 449 - FIRESTONE BOULEVARD - PAVEMENT
REHABILITATION, NASH AVENUE TO EAST CITY LIMITS (ACCOUNT NO. 36-
16449): Approve plans and specifications and grant authority to advertise for bids: Approve.
WARRANTS ISSUED: NO. 130254 - 130675, $1,228,717.09: Approve.
RESOLUTION NO. 6037 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT
ASSOCIATION
RESOLUTION NO. 6038 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING A COST -OF -LIVING INCREASE FOR THE CHIEF OF POLICE
RESOLUTION NO. 6039 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 24560
(8008 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH
THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE LETTER OF
CREDIT AS SURETY
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
SEAACA JOINT POWERS EXTENSION
Mr. Powell advised staff recommends approval of an amendment extending the term of the
existing agreement by ten years, to June 30, 2007, and modifying the withdrawal provision giving
cities the ability to withdraw without liability for capital improvements they did not approve, as long as
sufficient notice is given.
Council Member McCaughan asked if a city had ever withdrawn with financial obligations g y a ob gations and
was advised there had been none to date. It was noted if a city did approve a capital improvement, it
would be financially obligated even if withdrawing.
Council Minutes 3/25/97 -2-
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Mayor Lawrence inquired if other member cities had voted on the agreement and change in
withdrawal provisions and was advised Pico Rivera, Norwalk, and Santa Fe Springs had voted.
Council Member Brazelton requested an update on the City's financial obligations under the
existing agreement and was advised the City was obligated to pay a portion of the annual budget,
which is divided on a per capita basis. He then suggested continuing this item to the next Council
Meeting to enable time for staff to provide Council with a copy of the present agreement.
There being no objections, this item was continued to the April 8th Council Meeting.
PUBLIC LIBRARY FUND ALLOCATION FISCAL YEAR 1996 - 97
Mr. Jarrett explained the City receives an appropriation each year from the State of California
Public Library Fund to supplement local funding efforts and anticipated receiving $8,300 this year but
will in fact receive $52,951. Replacement of the library's thirteen year old carpeting is one of the
highest priorities for this funding and staff requests approval to accept the Library Funds and authorize
solicitation of bids to replace the carpeting.
Council Member Riley suggested contacting the company who provides the carpeting for the
Gas Company, which she noted is laid in squares and replaced as needed and recycled. Mr. Redmayne
advised this is being considered but is a more expensive way to go.
It was moved by Council Member Brazelton, seconded by Council Member Riley, and
unanimously carried to approve acceptance of the California State Public Library Funds for
Fiscal Year 1996 -97 and authorize use of the funds to replace the library's carpeting.
ADMINISTRATIVE HEARING
APPEAL HEARING - DENIAL OF ENTERTAINMENT PERMIT
Ms. McDonnell affirmed proof of notice of the hearing.
Assistant City Prosecutor Greg Palmer explained the procedural history leading to this hearing
and noted the appellant, Mr. Edward Millan, (Fireside Bar and Grill) does not appear to be in
attendance. He mentioned violations found at this establishment and the fact that security was not
being implemented, all of which prompted Police Chief Caldwell to revoke the entertainment permit.
He also advised that the Postmaster General, who is the owner of the property, plans to use the
property and demolish the bar. Mr. Millan has advised it was his intent to open another bar within the
City and wanted to continue his appeal hearing. Since Mr. Milian or his representative are not present,
it was motioned by Mr. Palmer that the appeal be deemed withdrawn.
Mayor Lawrence asked if Mr. Millan or his representative were present and there was no
response. She asked if there was anyone present to speak.
There being no one to speak, it was moved by Council Member Brazelton, seconded by
Council Member McCaughan to close the hearing.
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It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and
unanimously carried to deem Mr. Millan's appeal withdrawn.
Mr. McOsker advised the decision would stand that the revocation would be in effect and
would be finally decided.
Mr. Palmer advised that Mr. Millan still has an appeal right through the Superior Court by
filing n Administrative Writ of Mandate and he requested the Council prepare documentation to
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enable him to give Mr. Millan proper notice of this fact and to start the 90 day statute of limitations to
run.
Mr. McOsker requested the Mayor direct his office to prepare the appropriate Minute Order,
including the 1094.5 language (Code of Civil Procedure), and he will forward it. He was so directed
by the Mayor.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
AMENDMENT TO AGREEMENT WITH LAIDLAW TRANSIT SERVICES FOR
DOWNEYLINK FIXED ROUTE TRANSIT SYSTEM
Mayor Lawrence requested the City look at vehicles running on compressed natural gas
instead of diesel as they are cleaner and noted there is a natural gas depot at the Gas Company.
Mr. Caton advised the DowneyLINK fixed route system is a four route system and is leased
out. The contract is being extended three months. It has been a successful program and the City will
probably come back and request larger buses and then consider vehicles running on compressed
natural gas at that time.
It was moved by Mayor Lawrence, seconded by Council Member McCarthy, and unanimously
carried to approve an amendment to the agreement with Laidlaw Transit Services to operate the
City's fixed route DowneyLINK transit system through the period of June 30, 1997.
OTHER BUSINESS - Council Members
CONSIDERATION OF NAMING THE MEETING ROOM AT APOLLO PARK
COMMUNITY /SENIOR CENTER IN HONOR OF FORMER MAYOR
DIANE P. BOGGS
Mayor Lawrence advised she is requesting Council consideration of naming the auditorium at
the new Community Senior Center in honor of former Mayor Diane Boggs, and she read a list of
projects, accomplishments, and leadership roles associated to Mrs. Boggs, a copy of which has been
distributed.
It was moved by Mayor Lawrence and seconded by Council Member McCarthy, to approve
naming the auditorium in honor of former Mayor Diane P. Boggs. (Motion later withdrawn)
Council Minutes 3/25/97 -4-
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Council Member McCaughan inquired if there was a system or set of rules for this type of
proposal or if it was solely at the prerogative of the Council. He noted that while he was not opposed,
he felt there should be a system or rules established for this and future requests.
Council Member Brazelton suggested bringing this back in a few weeks to give the Council
time to consider a system.
Mayor Lawrence withdrew her motion noting she would like to bring it back after a policy had
been discussed and felt Mrs. Boggs would meet any criteria.
Council Member McCaughan mentioned receiving complaints about removal of the stop sign
at Downey Avenue and Second Street and requested this be brought back for reconsideration or
discussion. He noted this has created a jaywalking situation.
Mr. Redmayne explained each intersection is a pedestrian crossing even if there is no marked
crosswalk. The Traffic Committee based its decision on removal of the stop sign on the number of
accidents that took place at this location.
Mr. Caton requested the change be given six months and Mr. Redmayne offered to send the
Council information from the Traffic Committee report, stating he felt this would be a safer
intersection without the stop sign.
Council Member Riley advised she had received several complaints from a citizen about Dial -
A - Ride but they were withdrawn after the woman received assistance from a Dial -A -Ride driver when
an unknown individual was seen loitering outside her residence and the driver saw to it that she was
safely inside.
Council Member Riley mentioned a Top Ten List in the Press Telegram that stated school
buildings need to be used for other community uses. She advised that she felt some City facilities
should be made more public and asked about the possibility of the City obtaining old computers and
linking the library with Downey High, and if successful with Warren High.
Council Member Riley asked if answers to the hospital questions had been received and was
informed they had not. She noted the Council negotiated in good faith but felt the time lapse of six
weeks was unreasonable and she requested a letter be sent to the hospital board.
Council Member McCarthy mentioned he spoke to a member of the hospital administration
toda y and was assured the answers were in process and should be submitted by the next Council
Meeting.
Council Member McCarthy commented on receipt of a petition from residents of Priscilla
Street immediately west of Lakewood Boulevard advising they suffer greatly from the freeway access
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and egress in this area along with the Green Line station. Over the past two years there has been a
substantial increase in foot and vehicle traffic with resulting problems and they would like some
restriction or prevention of access in that area.
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Council Member McCarthy mentioned a complaint received about weeds growing
unattended on Donovan Street, which he turned over to Code Enforcement. He noted the weeds
were about four feet tall throughout the yard but when he drove by yesterday they were gone.
Mayor Lawrence mentioned a United States Supreme Court decision dealing with sidewalk
news racks containing unsavory materials. It allows cities to police news racks and she requested a
report or response from the City Attorney on what cities can or cannot do about this situation.
Mr. McOsker explained the provision of Penal Code Section 313.1, regarding harmful material
�--- in news racks as they relate to children, which was challenged in a case that went to the Supreme
Court. He will provide a more extensive analysis of what the statute does and what the experience
will be with prosecution through the District Attorney's office at a later date.
Council Member McCaughan mentioned he had asked City staff to research the cities of La
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Mirada and Norwalk, who have a more strict permit system for general news racks, and asked if this
information was available.
get or Lawrence asked staff to et back to her on the status of new bus benches.
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Mayor Lawrence mentioned a letter to the Police Chief complimenting Laura Wilson of
Code Enforcement for work she did with an apartment owner who was neglecting to perform
improvements and repairs and thanking her for getting the job done.
Mayor Lawrence mentioned another letter noting code enforcement success stories.
Mayor Lawrence asked when the next City- School joint meeting would be held, noting there
are several items needing to be discussed.
Mayor Lawrence mentioned correspondence from City staff to the School Superintendent
asking what the plans are and mentioning requests from parents. She felt this needs to be handled by
elected officials to elected officials.
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Mayor Lawrence noted the Council was invited to the Fire Explorer Association Academy,
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mentioning one event is the burning of a building at Rancho Los Amigos Medical Center and asked
what is being burned. Chief Irwin replied it is a building in the area of the 70 buildings off of Consuelo
Street, which has been abandoned for some time and is due for demolition.
Council Member McCaughan mentioned the joint City- School meetings and noted receipt of a
letter about parents requesting child care. He felt the City should become the proponent for getting
adequate child care in close proximity to schools and hoped staff can make sure these requests are
submitted to the appropriate authority.
Council Minutes 3/25/97 -6-
ORAL COMMUNICATIONS
Lennie Whittington, 8542 Manatee Street, commended Diane Boggs for her service to
District 1. He also mentioned the hospital questions and noted the decision to take questions did not
state people had to sign their names. He noted the hospital takes legal action against anyone
questioning their practices and he did not blame people for not signing their names. Mr. Whittington
mentioned the grand opening of the new downtown parking structure and questioned why the City
went through with this ceremony but did not open the structure.
Jonathan Brownlee, 9224 Brookshire Avenue, inquired about status of the street lights
requested by residents in the area of Brookshire who submitted a petition a year ago. He
mentioned a community watch meeting on Thursday and would like information to tell the residents.
Also, he has received letters from staff with diagrams of where lights would be placed, but there are
still no lights installed.
Mr. Caton requested the Director of Public Works to contact Mr. Brownlee before Thursday
and suggested having a member of staff attend the neighborhood meeting to discuss this matter.
Arthur Harvey, 7629 East Fourth Place, advised he was subpoenaed by the hospital for four
hours and is scheduled for another deposition, which he felt was because he signed his name to the
questions he submitted about hospital issues. He questioned why the Hospital Board would not sign
an attestation that they or members of their families would not profit in any way from the sale,
transfer, or in any other way, of the hospital and other properties.
Jean Dowd, 7409 Arnett Street, spoke about the Aerospace Legacy Foundation whose
mission statement is to Preserve and Protect America's Most Significant Site of the 20th Century. She
questioned why residents were not informed of alternative uses for the NASA property and felt it
should be a topic for public discussion noting there must be a public hearing before the Council takes
action. She asked when the public hearing was to take place and submitted a video for Council's
review requesting their support for a new City motto, "Downey, California, Space City U. S . A."
Genie Meyers, 944 Blue Ash Road, West Covina, `supported Ms. Dowd's efforts and
mentioned the concept of building a space park on the Downey NASA site. He is the Director of a
group called the Space Islands Project that promotes the concept of building large commercial space
stations and mentioned NASA has promoted the concept of space tourism. He went on to explain his
recommendation for building a theme park and education center on the Downey site.
Frank Perez, 9104 Gainford Street, mentioned meeting with a hospital investigator. He
indicated he has not received answers to the questions he posed three months ago, which were signed
and he feels the hospital is telling the Council that they don't have to answer any questions.
OTHER BUSINESS - Staff Members
Mr. Caton concurred with Mr. Whittington's criticism of the grand opening of the parking
structure and advised several items are being rectified to make sure everything is all right.
Council Minutes 3/25/97 -7-
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Mr. Caton noted the Krikorian Theater is moving along rapidly but it will be at least two
months before movies are shown.
Mr. Caton mentioned a meeting with Coca Cola today regarding construction of the 13 acres
adjacent to their site on Lakewood Boulevard.
Mr. Caton referred to an article in the Downey Eagle on the LACDA Project noting there has
been a one -year delay in mandatory flood insurance.
Mr. Caton assured everyone the law will be followed in reference to the NASA site. He stated
the number one priority was to retain the 3,400 jobs and noted the president of Boeing backed the City
in this effort and plans to stay on the site and expand existing business.
He noted the City did not want to send the wrong message by stating they were interested in a theme
park when indeed there is the possibility of keeping the existing employer there. The City is open to
looking at proposals but would like to see Boeing stay and expand their business.
Mr. Caton discussed anonymous questions submitted about the hospital and noted he was
directed by the Council to submit only those questions dealing with certain categories, signed or
unsigned.
Mr. Caton advised staff would review the lighting situation on Brookshire Avenue and
would discuss this at tomorrow's staff meeting as well as the Priscilla Street petition raised by
Council Member McCarthy.
Council Member Brazelton noted his motion on the hospital questions did not specify the
questions had to be signed. He felt the main thing was how relevant the questions were to the
parameters specified and should be answered.
ADJOURNMENT: 8:55 p . m.
The meeting was adjourned in memory of Mrs. Louise Wright, longtime Downey resident
and mother of Downey Police Corporal David Wright; and Louis J. Heine, City of Lynwood
Council Member, to 6:30 p.m., April 8, 1997, in the Council Chamber of Downey City Hall.
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Judith E. McDonnell, City Clerk J • , e I Lawrence Ma Y Lawrence, Mayor
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