HomeMy WebLinkAboutMinutes - 04-08-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 8, 1997
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation of Achievement - Eagle Scout Dustin Larsen 1
Proclamation re National Library Week, 4/13-4/19/97 1
Presentation of keys to a new DARE van 1
Removal of Items from Consent Calendar 2
Council Minutes: Adjourned & Regular Meetings, 3/25/97 Approved 2
Cash Contract #607 - Downey Police Facility Upgrade Project Approved 2
Warrants Issued: #130676 - 131073 Approved 2
Appointments to the Braid Committee ... Approved 2
1997 -98 Action Plan for Community Development Block Set hearing
Grant & Home Investment Partnership Grants 4/22/97 2
Tenant Rental Agreements for Downey Community /Senior
Center: Approve revised month -to -month rental agreements for
each tenant & authorize Mayor to execute effective 5/1/97, &
thereafter auth. City Manager to approve amendments to
individual rental agreements Approved 2
Appeal of Jose Escobar (Costa Brava Restaurant): Denial of Referred to
Police Permit hearing officer 2
Appeal of Ye Chong Chu: Denial of Police Permit Referred to hrg. officer 2
Res. #6040, Approving Subdivision Map of Tract Map
#52235 - 11900 block of Adenmoor Av. Adopted 3
Res. #6041, Approving application for Grant Funds from
the Used Oil Recycling Block Grant Adopted 3
Res. #6042, Granting salary increases to specified employees Adopted 3
(management & confidential exempt)
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COUNCIL MINUTES, APRIL 8, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION . PAGE NO.
Res. #6043, Establishing a policy for destruction of certain
obsolete records (Fire Dept.) Adopted 3
Res. #6044, Declaring intention to grant a nonexclusive
franchise to Metricom, Inc. Adopted 3
Ord. amending DMC re summary abatement of illegal
signs in the public right -of -way & abatement costs Introduced 4
SEAACA Joint Powers extension Withdrawn 5
Initiation & direction to Planning Commission to conduct
a public hearing re revocation of Zone Exceptions &
Conditional Use Permit - 13535 Lakewood Bl. (Tahitian
Village) Approved 6
Senate Bill 413 re sale of non - profit hospitals Cont. to 4/22/97 7
Cn. McCaughan re parking of vehicles in front yards 7
Cn. McCaughan re attempt to privatize Rancho Los Amigos
Hospital 7
Cn. McCaughan re adult newsrack ordinance 7
Cn. McCaughan re Council of Governments (COG) meeting
& topics discussed 7
Cn. McCaughan re street vendors 7
Dr. Verner Waite re Senate Bill 413 & hospital answers 7
John McDonald requested proclamation declaring month of
May as Motorcycle Awareness Month 7
Lennie Whittington re time it took for response letter from
Downey Community Hospital 8
Dr. David Hubbel re Hospital's answers to questions 8
Marty Sinthavanarong re incident at Downey City Library 8
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COUNCIL MINUTES, APRIL 8, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Ed Dowd re historic value of the NASA property 8
Cn. Riley re misc. vendors on street corners 8
Cn. Riley re cable TV complaints 8
Cn. Riley re complaints about trash containers being
left out at the curb 8
Cn. Riley re citizen's concerns about opossums 8
Cn. Riley re hospital issue - hoped to agendize for next mtg. 8
Cn. Brazelton re reason Downey Community Hospital
closed the base station 8
Cn. McCarthy commented on invocation by Rev. Kerkhoff 8
Cn. McCarthy re article in newspaper on City Clerk 8
Cn. McCarthy re late Building Official Bob Gallagher 9
Cn. McCarthy re graduation ceremony of Fire Explorers
Academy 9
Cn. McCarthy re Council's action on Tahitian Village site 9
Mayor Lawrence re Fire Explorer Academy 9
Mr. Caton re service for late Building Official Bob Gallagher 9
Mr. Caton re concern about Hospital issues & noted matter
will be agendized for April 22, 1997 9
Adjourned in memory of Robert D. Gallagher, Margaret Steel,
and Judge Richard Cumming 9
Meeting adjourned to 6:30 p . m. , April 22, 1997 9
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PAGE 3 OF 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 8, 1997
The City Council of the City of Downey held a regular meeting at 7:35 p.m., April 8, 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
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
John Finch, Police Captain
Vicki Jenkins, City Librarian
Ed Velasco, Housing Manager
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 Proclamation of Achievement to Eagle Scout Dustin Larsen,
Troop #406, in recognition of his accomplishments in scouting.
Mayor Lawrence presented to Erderlen Casillas of Downey High School and to Grace Chien
of Warren High School, members of the Library's Teen Advisory Committee, a Proclamation
declaring the week of April 13 -19, 1997, as National Library Week.
Captain John Finch introduced Greenwood Pontiac owners Mr. Vitelo and Mr. Polo, who had
contacted the Police Department late last year offering to support the City's DARE program to deter
youth drug use and gang affiliation. Accompanied by Sergeant Phil Rego and Corporal Rich Tuttle,
Mr. Vitelo and Mr. Polo presented Mayor Lawrence with the keys to a brand new, fully -
equipped, DARE van for the City's use in this program.
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HEARINGS: None
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI -E -6, INITIATION AND DIRECTION TO PLANNING COMMISSION
TO CONDUCT PUBLIC HEARING REGARDING REVOCATION OF ZONE EXCEPTION
NOS. 258, 153, 1009 AND CONDITIONAL USE PERMIT NO. 151 FOR PROPERTY
LOCATED AT 13535 LAKEWOOD BOULEVARD (TAHITIAN VILLAGE), was removed at
the request of Mr. Hank Hohenstein, 9090 Calle Escorial, Desert Hot Springs.
CONSENT CALENDAR
It was moved by Council Member Riley, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MARCH 25,
1997: Approve.
CASH CONTRACT NO. 607 - DOWNEY POLICE FACILITY UPGRADE PROJECT:
Approval of plans and specifications and grant authority to advertise for bids: Approve.
WARRANTS ISSUED: NO. 130676 - 131073, $1,347,687.87: Approve.
APPOINTMENTS TO BRAID COMMITTEE: Michael J. Smith, Coca -Cola; Dominick
DiMario, DiMario's Builders Supply; and Matt Shifflett, Talbert Downey Medical Center:
Approve
1997 -98 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND HOME INVESTMENT PARTNERSHIP GRANTS: Set hearing for
7:30 p.m. April 22, 1997, in the Council Chamber of Downey City Hall: Approve.
TENANT RENTAL AGREEMENTS FOR THE DOWNEY COMMUNITY /SENIOR
CENTER: Approve the revised month -to -month Rental Agreements for each tenant renting
office space and authorize the Mayor to execute the Rental Agreements, effective May 1,
1997; and thereafter, authorize the City Manager to approve amendments to individual Rental
Agreements: Approve.
REFER APPEAL OF JOSE ESCOBAR (COSTA BRAVA RESTAURANT) TO A
HEARING OFFICER RE: DENIAL OF A POLICE PERMIT: Approve.
REFER APPEAL OF YE CHONG CHU TO HEARING OFFICER RE: DENIAL OF
POLICE PERMIT: Approve.
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RESOLUTION NO. 6040 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NO. 52235
(11900 BLOCK OF ADENMOOR AVENUE), APPROVING AN AGREEMENT
WITH THE SUBDIVIDER AND ACCEPTING AN IRREVOCABLE LETTER
OF CREDIT - STANDBY AS SURETY
RESOLUTION NO. 6041 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED
OIL RECYCLING BLOCK GRANT - FIFTH CYCLE FOR USED OIL AND
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
EDUCATION AND PUBLIC AWARENESS
RESOLUTION NO. 6042 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING SALARY INCREASES TO SPECIFIED EMPLOYEES
(MANAGEMENT AND CONFIDENTIAL EXEMPT)
RESOLUTION NO. 6043 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE
RECORDS (FIRE DEPARTMENT)
RESOLUTION NO. 6044 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DECLARING ITS INTENTION TO GRANT A
NONEXCLUSIVE FRANCHISE TO METRICOM, INC. TO INSTALL,
OPERATE AND MAINTAIN A WIRELESS DIGITAL COMMUNICATIONS
RADIO NETWORK IN, ON, OVER, UPON, ALONG, AND ACROSS THE
PUBLIC RIGHT -OF -WAY IN THE CITY OF DOWNEY, CALIFORNIA
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 4118 OF THE DOWNEY MUNICIPAL CODE BY
ADDING SUBSECTION 4118(a) PERTAINING TO SUMMARY ABATEMENT
OF ILLEGAL SIGNS IN THE PUBLIC RIGHT -OF -WAY AND SUBSECTION
4118(b) PERTAINING TO ABATEMENT COSTS
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The Ordinance was read by title only.
Captain Finch advised the Police Department has reviewed the Downey Municipal Code
dealing with illegally posted signs on public and private property in an effort to develop a better
system of addressing increasing violations. He narrated slide examples of illegal signs and explained
that the ordinance proposed creates an abatement process to remove the signs and to make the
• responsible party financially obligated for the removal costs. It allows citation when a violator is
observed posting an illegal sign and expands the options in dealing with cases where signs are
-- observed after- the -fact. He noted a number of other California cities are using this strategy
effectively, specifically Costa Mesa and Santa Ana. He mentioned illegal signs on private property is
more complicated and could call for the posting of properties, warning individuals not to post illegal
signs, and expressed concern that the warning signs might add as much clutter as the signs they are
meant to deter.
Council Member McCaughan inquired if there would be a frequency or interval for the removal
of illegal signs and was informed it would be a continuous process. He pointed out, as other cities
create these ordinances, violators will know which cities have strict rules and which do not. At this
time Downey does not have strict rules and is a magnet for these advertisers.
Mr. McOsker explained the ordinance does contemplate that there is a presumption that the
beneficiary of the advertisement is the party responsible for the City's abatement costs and the City
would be able to abate and then bill costs directly to the advertiser. The ordinance also contemplates
that the abatement costs would be set by resolution and it would be appropriate to set this at the time
other fees and charges are set by the Council.
Mayor Lawrence stated she had requested this because of the visual clutter and because
advertising a business by posting signs on public poles is not fair; also, most business owners have not
consented to these signs on their properties. She mentioned the abatement costs when set should take
into consideration staff time, storage, billing, etc.
Council Member McCarthy inquired about the enforceability of the ordinance without having it
publicly posted and asked about the likelihood of collecting the money billed for removal etc. He
asked what the percentages were in other communities.
Discussion was held regarding the establishment of abatement costs.
It was moved by Council Member McCaughan, seconded by Council Member Riley, and
unanimously carried to waive further reading and introduce.
Mayor Lawrence asked if political signs would be included and was informed they would be in
equal violation of the ordinance if they were in the public right -of -way. When she asked if the
candidate would be charged, it was indicated it would probably be the candidate, but it could also be
an independent committee.
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Lennie Whittington, 8542 Manatee Street, expressed concern about political signs noting these
were the worst offenders during election years.
Mr. McOsker noted the presumption that the advertiser is the responsible party but this could
be overcome in the case where someone is observed putting up the signage. That person could be
billed as well and more than one person could be charged.
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
SEAACA JOINT POWERS EXTENSION
Mr. Caton requested this item be withdrawn as the City of Norwalk, in adopting their
amendment, has significantly changed the wording. Staff needs to review the new wording to
determine whether they would recommend approval.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
INITIATION AND DIRECTION TO PLANNING COMMISSION TO CONDUCT
PUBLIC HEARING REGARDING REVOCATION OF ZONE EXCEPTION NOS.
258, 153, 1009 AND CONDITIONAL USE PERMIT NO. 151 FOR PROPERTY
LOCATED AT 13535 LAKEWOOD BOULEVARD (TAHITIAN VILLAGE)
Hank Hohenstein, 9090 Calle Escorial, Desert Hot Springs, mentioned his thirty year affiliation
in the planning profession and his concern about this issue. He felt burdens were being placed on the
owner of Tahitian Village and that the action before Council was not in compliance with the Uniform
Housing Code nor the Uniform Building Code. He requested it be carried over for a period of 60 days
to allow time to discuss these matters with the City.
Council McCarthy asked Mr. Hohenstein if he was contracted to represent the owners of
Tahitian Village and was advised he represented a group of buyers who anticipate acquiring this
property.
Mayor Lawrence noted the issue before Council is to refer this matter to the Planning
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Commission for a hearing and advised Mr. Hohenstein that he would have the potential to go before
the Planning Commission to request an extension.
Mr. Hohenstein noted the hearing is calendared for May 7th and felt his clients would be able
to resolve the issues before they reach the hearing process.
Mr. McOsker commented on the issue before the City Council and its ability to initiate
revocation proceedings.
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Lennie Whittington, 8542 Manatee Street, expressed his concern about the length of time it
took for the response letter from Downey Community Hospital and noted the letter was submitted
too late to be placed on the agenda for this meeting.
Dr. David Hubbel, 12113 Julius Avenue, referenced the Hospital's answers to questions and
questioned why members of the board will not sign an attestation if there is no way they can profit
from any sale of the assets.
Marty Sinthavanarong, 9153 Baysinger Street, complained about an incident involving his
friend at the Downey City Library that resulted in the Police being called.
Ed Dowd, 7409 Arnett Street, read a statement from his wife regarding the historic value of
the NASA property and noting that use of the property for educational purposes will bring prosperity
to Downey and enhance its image.
COUNCIL COMMENTS (CONTINUED):
Council Member Riley also commented on miscellaneous vendors appearing on street
corners and mentioned a vendor selling cookware on Imperial Highway approximately every other
weekend.
Council Member Riley mentioned receiving cable TV complaints and asked for a rate
comparison with other cities. She noted the complaints are also about the types of programming.
Council Member Riley advised she has received complaints about trash containers being
left out at the curb, which hinders the street sweeping process. She asked if something, such as a
note, could be left to notify these residents.
Council Member Riley advised she has received concerns about opossums. She noted this
will be on the agenda at the next SEAACA board meeting.
Council Member Riley expressed concerns about the Hospital issue and hoped to agendize
this issue for the next Council Meeting. She noted people are being transported to other hospitals
g p p g p p
because the base station was removed from Downey Community Hospital about three years ago. She
was told the base station was closed because of funding necessary to upgrade.the equipment, (about
$100,000) yet current information reflects the hospital has $87 million in reserve.
Council Member Brazelton recalled the reason Downey Community Hospital closed the
base station was for lack of space and suggested, with the expansion of the emergency room, they
might reconsider this decision.
Council Member McCarthy remarked on the invocation delivered by Reverend Kerkhof.
Council Member McCarthy referenced an article in the Downey Eagle profiling the City
Clerk and congratulated her.
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Council Member McCarthy noted the meeting will be adjourned in memory of Building
Official Bob Gallagher, who was an asset to the City for his assistance to the business community
and Downey residents and will be greatly missed.
Council Member McCarthy mentioned attending the graduation of the Fire Explorers
Academy held in Downey, which was a very inspiring event hosted by the City. He commended Chief
Irwin and his staff for a great job.
Council Member McCarthy favored the Council's action on the Tahitian Village as a step
toward improving the site.
Mayor Lawrence also noted the Fire Explorer Academy.
OTHER BUSINESS - Staff Members
Mr. Caton commented on the funeral service for Building Official Bob Gallagher and
complimented him as an outstanding husband and father, a patriot, and dedicated employee, who left
behind the legacy of an up -to -date Building Code and a better City.
Mr. Caton expressed the deep concern of staff and Council about the Hospital issues,
noting Downey citizens voted to turn over control of the Hospital to the Foundation. He also
commented on the questions received, more than half of which were anonymous, and many were
either repetitive or contained personal attacks on certain individuals. He noted the Hospital is
technically complying with the terms of the lease and policy decisions are not in the purview of the
Council. He advised this matter will be placed on the April 22nd agenda.
ADJOURNMENT: 9:02 p.m.
The meeting was adjourned in memory of Robert D. Gallagher, Downey Building
Official; Mrs. Margaret Steel, mother of Shirley Conte, Executive Secretary in the City Clerk's
Office, and Nicole Rallonza, Junior Accountant in the Finance Department; and Judge Richard
Cumming, retired Downey Municipal Court Judge, to 6:30 p.m., April 22, 1997, in the Council
Chamber of Downey City Hall.
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4udith E. McDonnell, City Clerk Joyce L Lawrence, Mayor
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