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HomeMy WebLinkAboutMinutes - 04-22-97 - Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 22, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Achievement - Vicki Spearman & Friends of Downey City Library 1 Proclamation re Kidsday, May 10, 1997 1 Proclamation re Fire Service Recognition Day, May 10, 1997 1 Proclamation re Organ & Tissue Donation Awareness Week, April 20 -26, 1997 1 Proclamation re Fair Housing Month, April 1997 2 1997 -98 Action Plan for Community Development Block Grant & HOME Investment Partnership Program Grants: Approve & authorize the City Manager to submit certification & application to HUD, including contingency for neighborhood preservation Approved 3 Ord. Granting Non - exclusive Franchise to Metricom, Inc. for installation or wireless digital communications radio network across public R/W Introduced 4 Joel Lubin re failure of Continental Cable to list the phone no. of Downey City Hall on their written communication 5 Richard Griffin re loud speaker system used by W. Downey Little League 5 Mario Guerra, President of W. Downey Little League, re response gu � onse p to law suit filed against use of loud speaker system 5 Isabel Rivero complained about the dismantling of carnival equipment at Our Lady of Perpetual Help School 5 Mark Caswell, Manager of W. Downey Little League, re loud speaker complaints and subsequent calls to the Downey Police 5 Sue Phillips, board member of W. Downey Little League, re loud speaker system 5 PAGE 1 OF 5 COUNCIL MINUTES, APRIL 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Ernesto Flores questioned necessity for loud speaker system at Little League games 6 Sylvia Miller read letter from N.W. Downey Little League and mentioned continuous problems with W. Downey I tittle _... League 6 Caroline Griffin commented on continual noise created by W. Downey Little League and impact on neighbors 6 Jeff& Donna Frey complained about health & fire hazards at the apartment building at 10025 Imperial Hwy. 6 Bob Winningham, President of N.W. Downey Little League, thanked residential neighbors for their tolerance and support 6 Lennie Whittington complimented City's mounted Police patrol & commended volunteers in neighborhood watch and DARE programs, training officers at the Downey Citizens Academy & Police officers participating in the ride -along program 6 Howard Phillips, coach for W. Downey Little League, commented on girls softball and use of the loud speaker system 6 Council Minutes: Adjourned & Regular Meetings, 4/8/97 Approved 6 Cash Contract #S. S. 456 - Paramount Bl. Pavement Rehabilitation: Approve plans and specs & grant authority to advertise for bids Approved 7 Warrants Issued: 131074 - 131444 Approved 7 Agreement with Keyser Marston Assoc. for real estate services related to acquisition & leasing of Federal property: Approve agreement Approved 7 Development Agreement #97-15: Consideration of Development Agreement by & between the City & Calsan/Cal -Mrt re development of a Materials Recovery & Transfer Facility at Set hearing 9821 Downey - Norwalk Rd. & 9770 Washburn Rd. 5/13/97 7 Extension of exclusive right to negotiate between City & Tooley & Company: Approve extension of 30 days for the development of approx. 36 acres of land at NASA site Approved 7 PAGE 2 OF 5 COUNCIL MINUTES, APRIL 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6045, establishing 30 min. parking restriction from 2 -4 a.m. on Cleta St. between Patton Rd. & Lakewood Bl. Adopted 7 Res. #6046, rescinding portion of Res. #5949 calling for 30 min. parking restriction from 2 -4 a.m. between 8121 & 8144 Pivot St. Adopted 7 Res. #6047, rescinding portion of Res. 1617 calling for parking restriction on Tristan Dr. from 9933 to 10003, from 7 a.m.- 6 p.m. Adopted 7 Res. #6048, protesting the So. Calif. Assoc. of Governments Dist. 25 Election held 4/14/97 Adopted 8 Ord. #1040, amending Downey Municipal Code by adding subsections pertaining to summary abatement of illegal signs in the public right -of -way & abatement costs 8 Ord. amending Downey Municipal Code relating to appeals of determinations in connection with permits, revocation of permits, and relating to cafe entertainment 8 Res. #6049, declaring intention to approve an amendment to the contract between the Bd. of Administration of the Public Employees Retirement System & the City Council of Downey Adopted 9 Ord. authorizing an amendment to the contract between the City Council & the Bd. of Administration of the California Public Employees' Retirement System Introduced 9 Downey Community Hospital's answers to questions submitted: Direct staff to draft an attestation for hospital board members to sign Approved 11 Council consideration of establishing criteria for naming of City facilities & consideration of naming Apollo Park's Community/ Senior Center's auditorium after former Mayor Diane P. Boggs Approved 11 Senate Bill 413 (PEACE) sale of non - profit hospitals: Approve subject to any amendments deemed necessary by Legislative - Counsel Approved 12 PAGE 3 OF 5 COUNCIL MINUTES, APRIL 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Mayor Lawrence announced free County wide household hazardous waste roundup May 31st at Boeing North American Space Systems 13 Mayor Lawrence complimented the Neighborhood Preservation Coordinator 13 Mayor Lawrence congratulated Chamber of Commerce's selection of large and small business of the year 13 Mayor Lawrence favored forming a young people's committee 13 Mayor Lawrence re volunteer recognition week 13 Cn. McCaughan re Environmental Awareness Day 13 Cn. McCaughan requested Imperial equested staff look into Imperial Hwy. apartment situation described by the Freys 13 Cn. McCaughan requested staff review incident regarding removal of carnival equipment at Our Lady of Perpetual Help School 13 Cn. McCaughan re situation involving W. Downey Little League 13 Cn. McCaughan re survey on term limits & requested bringing this back for discussion 13 Cn. McCaughan re adjustment to newsrack ordinance 14 Cn. McCaughan re consideration of ordinance defining front yards 14 Cn. McCaughan commented on City of So. Gate's pre -sale inspections of homes & requested staff review their ordinance 14 Cn. McCaughan re City's ability to enforce minor infractions in controlling the parks & park environment 14 Cn. Riley mentioned the President is conducting summit on volunteerism 14 PAGE 4 OF 5 COUNCIL MINUTES, APRIL 22, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. Riley thanked City Librarian for copy of Board Minutes 14 Cn. Riley mentioned Rancho Los Amigos Share the Joy of Volunteering luncheon 14 Cn. Riley thanked All American Home Center for installing fences around the parks for assistance to Downey Junior Athletic Association 14 Cn. McCarthy mentioned the Street Faire, sponsored by the Chamber of Commerce, is Saturday, May 3rd 14 Mr. Caton mentioned Furman Park was named after the City's first Parks & Recreation Director; the City will celebrate its 41st Anniversary in December; and the present Director of Parks & Recreation has been employed with the City for 38 years 14 Meeting adjourned to 6:30 p.m., May 13, 1997 h:lcclerk\sconto\tab10422 PAGE5OF5 ,1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 22, 1997 The City Council of the City of Downey held a regular meeting at 7 :40 . m. April 22, 1 g p p 1997, in the Council Chamber of the Downey City Hall, Mayor . Joyce L. Lawrence presiding. Y P g 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 Vicki Jenkins, City Librarian Robert Rowe, Deputy Fire Marshal Ed Velasco, Housing Manager Lowell Williams, Director of Finance Ron Yoshiki, Asst. Director of Community Dev. /City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Mayor Lawrence presented two Certificates of Achievement to Vicki Spearman, President p � t of Friends of the Downey City Library; one for the Friends of the Library; and one for Ms. Spearman herself. Mayor Lawrence presented to Amber Conroy and John Sharpe, Kidsday spokespersons, y pe � Y a Proclamation declaring Saturday, May 10, 1997, as Kidsday, to be held at Furman Park. Mayor Lawrence presented to Robert Rowe, Deputy Fire Marshal, a Proclamation declaring Saturday, May 10, 1997, as Fire Service Recognition Day. Mayor Lawrence presented to Boy Scout Andrew Rafferty and to Art Rangel (representing g the Rotary Club) a Proclamation declaring the week of April 20 -26, 1997, as Org an and Tissue Donation Awareness Week. Council Minutes 4/22/97 -1- .,. ij U ..' ';,Y Mayor Lawrence presented to Christina Flores, Outreach Counselor for the Fair Housing Foundation in Long Beach, a Proclamation declaring the month of April 1997 as Fair Housing g Month. HEARINGS Mayor Lawrence opened the public hearing on 1997 -98 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM GRANTS (HOME). Ms. McDonnell affirmed receipt of the Proof of Publication. Mr. Rangel explained that new Housing and Urban Development (HUD) regulations consolidated the CDBG and HOME programs into one application. To receive funds the Cit y must prepare an Action Plan and conduct a public hearing prior to Council's approval. He mentioned the sixteen activities staff is recommending for use of the funds and noted this is a requirement of the Action Plan. Mr. Rangel responded to questions from the Council. There was no correspondence received regarding this matter. Mayor Lawrence asked if there was anyone present who wished to speak regarding the 1997 - p g g 98 Action Plan For CDBG and HOME Grants. Charlotte Lukes, 10409 Lesterford Avenue, Chairman of the Project Area Committee (PAC), addressed Item 18 on the list of proposed activities, new and additional low income housing. She advised that the PAC Committee was pleased to see this proposal included as they feel enabling g more i people to become home owners is beneficial to the community. Lennie Whittington, 8542 Manatee Street, mentioned concern for Downey's homeless and suggested giving to other homeless shelters in addition to the Rio Hondo Homeless Shelter. There being no one else to speak, it was moved by Council Member Brazelton, p y aze ton, seconded by Council Member Riley, and so ordered to close the hearing. When asked to respond to the homeless issue, Mr. Jarrett explained the City refers people to PTA Helps, which is another organization the City supports through rent subsidies at Apollo Neighborhood Center and through the purchase of food. He noted, through Los Angeles County, Y , people who require housing are referred to a number of shelters. Chief Caldwell stated the Salvation Army and Red Cross are also utilized under certain circumstances for homeless cases. Council Member Riley indicated PTA Helps, along with the Ministerial Association and Police Association, formerly provided housing and gas vouchers, but due to fund losses, housin g vouchers are no longer available. However, food is still given out by PTA Helps. Council Minutes 4/22/97 -2- 4 G U Lennie Whittington, 8542 Manatee Street, mentioned that years ago vouchers were given out and citizens gave donations towards lodging for homeless people. He advised this program is no longer in existence. Council Member McCaughan suggested where the report lists contingency that it be changed to neighborhood preservation and staff agreed. Council Member Brazelton mentioned the City receives periodic reports showing the percentage of Downey's homeless who receive assistance from the Rio Hondo Homeless Shelter. Staff' advised the City receives a fair percentage relative to the amount funded. Mayor Lawrence commented she was delighted to see the increase of $4,000 in funding for the adult literacy program. It was moved by Council Member McCaughan, seconded by Council Member McCarthy, and unanimously carried to approve the Action Plan for Program Year 1997 -98, and authorize the City Manager to submit the Action Plan, HUD Certifications, and HUD SF -424 Application to the Department of Housing and Urban Development with the correction of contingency to neighborhood preservation included. Mayor Lawrence opened the public hearing on GRANTING A NON EXCLUSIVE AGREEMENT TO METRICOM, INC. FOR INSTALLATION OF WIRELESS COMPUTER COMMUNICATION SERVICES Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Riley, seconded by Mayor Lawrence, and so ordered to receive and file. Ms. Yotsuya advised that Metricom, Inc. deals with wireless data communication networks and the proposed franchise will include the installation, operation and maintenance of a wireless communication radio network in the public right -of -way, with the devices installed on the mast arms of street light poles. It will be a subscriber based communication service designed primarily for use by portable computer users and will allow the user to access computer systems and utilize e-mail and other messaging services without attachment to a wired phone line. Craig Gunther explained the terms of the proposed 5 year franchise agreement included attachment of the transmitters, provisions for non - interference with existing facilities, such as radios and television equipment, and compensation for use of the public right -of -way and street light poles. He responded to questions from the Council. Marie Luna, Metricom, Inc. representative, advised the company has received fifty approvals in Southern California and she provided the City Clerk with a listing of cities involved. She mentioned that Metricom is operational throughout the San Francisco area, Marin County, Sausalito, Seattle, Atlanta, Washington D.C. and parts of Boston. She noted they have entered into an agreement with the Los Angeles Police Department for a three -month test of their technology and anticipate the service will be available for commercial contact by October 1997. She advised it would take approximately one day to install radios throughout the City of Downey. Ms. Luna responded to questions from the Council. Council Minutes 4/22/97 -3- . „ . Council Member McCaughan commented he had not seen a copy of Metri ' ' py Metricom 's financial statement and was advised this could be made available. Ms. Luna commented on the company's backing, noting they are publicly traded company Y p Y on the NASDAQ Index with Microsoft as one of their major stock holders. Craig Gunther stated he has investigated Metricom, Inc. and would concur with Ms. Luna's statements. He noted the Most Favored Nations Clause is part of the agreement, which ensures that Downey automatically receives upgraded benefits if another City procures a better agreement. reement. g There was no correspondence received regarding this matter. Mayor Lawrence asked if there was anyone present who wished to speak regarding the p g g Granting of a Non - Exclusive Agreement to Metricom, Inc. Joel Lubin, 7820 Allengrove Street, expressed concern about safeguards f p gu ds or the consumers and suggested the agreement be amended to add that they notify the Downey customer once a . y year Y advising them, if they are dissatisfied, to contact a certain member of City staff. He also felt there should be a defined program to verify that the City will be reimbursed. Doyle Miller, 9910 Birchdale Avenue, requested clarification of Mr. Gunther's comment regarding the Most Favored Nations Clause, which the City Attorney explained to his satisfaction. Richard Pridham, 10402 Bellman Avenue, commended the Council for the questions it has q raised regarding this issue. Lennie Whittington, 8542 Manatee Street, felt the City should give this company the . initiate p Y opportunity to initiate the program and that the City was fully protected by the agreement as written. There being no one else to speak, it was moved by Council Member McCarthy, econded b Y by Council Member Brazelton, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, GRANTING TO METRICOM, INC. A NONEXCLUSIVE FRANCHISE TO ATTACH, INSTALL, OPERATE, AND MAINTAIN A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHT OF WAY 1N THE CITY OF DOWNEY, CALIFORNIA, AND PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS IN RESPECT THERETO The Ordinance was read by title only. It was moved by Council Member Riley, seconded b y by Council Member McCarthy, and unanimously carried to waive further readin g and introduce. Prior to the vote, Council Member McCaughan inquired regarding the number of the City's light poles owned by Southern California Edison Company and was advised it was about ninety percent. Council Minutes 4/22/97 -4- 4 f .< z Ms. Luna advised that Metricom's experience with other cities was to give City owned poles priority over Edison owned poles and noted they would take care when mapping the network to utilize this as much as possible, if requested. Craig Gunther noted this right was drafted into the agreement and mentioned an attachment to the agreement that will provide a detailed map at the time the permit is applied for. The City will have the ability at that time to decide whether or not they want the radios attached to City owned poles. ORAL COMMUNICATIONS Joel Lubin, 7820 Allengrove Street, mentioned the failure of Continental Cable to list on their written communication the phone number of Downey City Hall as a contact for voicing complaints or concerns. He also noted the cable company's improvement in service by not shutting down during the wee hours of morning. Mayor Lawrence requested staff contact Continental Cable regarding Mr. Lubin's inquiry. Richard Griffin, 11936 Heritage Circle, read his letter of complaint about the loud speaker system used by West Downey Little League when playing baseball at West Middle School. He expressed gratitude to the Police Chief and his staff for their efforts in implementing a policy and directive for this situation. He noted a lawsuit was filed and an agreement was reached to permit the West Downey Little League to use the loud speaker at volume three on opening day only, but stated the loud speaker system is still being used at games. Mario Guerra, 7702 Yankey Street, President of West Downey Little League, responded to the lawsuit filed against use of the loud speaker system during little league games at West Middle School. He stated he understood the agreement reached not only included opening day but was for the whole year. Isabel Rivero, 10400 Downey Avenue, No. 201, voiced concerns about the dismantling of carnival equipment that occurred at Our Lady of Perpetual Help School after the annual school carnival closed on a Sunday evening until approx. 5:00 a.m. the following morning, which disturbed the adjacent residential neighborhood. She urged the Council to impose conditions to prevent this from occurring in the future. Mayor Lawrence requested that staff speak with Ms. Rivero regarding this issue. Mark Caswell, 12057 Morning Avenue, a Manager of the West Downey Little League, discussed the complaints levied against the Little League's use of the loud speaker system and subsequent response calls by the Downey Police Dept. He noted the Little League has changed the starting time of their Saturday games from 8:00 a.m. to 9:00 a.m. in a good neighbor effort and requested the Council make a recommendation to the Police Department to prevent them from being repeatedly harassed by these calls. Sue Phillips, 7927 Hondo Street, board member of West Downey Little League, mentioned being the scorekeeper and keeping the volume level down to 2 on the PA system so it would not disturb nearby residents. Council Minutes 4/22/97 -5- 1 Ernesto Flores, 7521 Buell Street, questioned the necessity for having a loud speaker system at Little League games. Sylvia Miller, 11944 Heritage Circle, read a letter received from the Northwest Downey Little League, which discussed opening day and the subsequent schedule of games. She commented on the continuous noise problems with West Downey Little League and its effect on the health and well- being of residents. Caroline Griffin, 11936 Heritage Circle, commented on the continual noise created by West Downey Little League and its impact on residents. Jeff and Donna Frey, 10025 Imperial Highway, complained about health and fire hazards at the apartment building on 10025 Imperial Highway and lack of cooperation by the new landlord. They asked the City for help. Mayor Lawrence requested that Code Enforcement get in contact with the Frey's. Bob Winningham, 8346 Lexington Road, President of Northwest Downey Little League, which plays at Furman Park, noted the amount of park usage for ball games and the impact of vehicles parking in the adjacent areas. He thanked the residential neighbors for their tolerance and support. Lennie Whittington, 8542 Manatee Street, complimented the City's mounted Police patrol and commended volunteers in the neighborhood watch and DARE programs, the training officer at the Downey citizens academy and the Police officers participating in the ride -along program. Howard Phillips, 7927 Hondo Street, coach for the West Downey Little League, commented on girls softball and use of a PA system to announce the players when they come up to bat. Mayor Lawrence recessed the meeting at 9:35 p.m. and reconvened at 9:48 p.m. with all Council Members present. CONSENT CALENDAR - ITEMS FOR REMOVAL: None CONSENT CALENDAR Mayor Lawrence noted she would be abstaining from Agenda Item VI - E - 3, EXTENSION OF EXCLUSIVE RIGHT TO NEGOTIATE BETWEEN CITY OF DOWNEY AND TOOLEY AND COMPANY, due to a possible conflict of interest. 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 Consent Calendar as recommended, with the abstention by Mayor Lawrence as noted: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, APRIL 8, 1997: Approve. Council Minutes 4/22/97 -6- 1E .'_ lit CASH CONTRACT NO. S.S. 456 - PARAMOUNT BOULEVARD PAVEMENT REHABILITATION (ACCOUNT NO. 54- 16456): Approve plans and specifications and p grant authority to advertise for bids: Approve. WARRANTS ISSUED: NO. 131074 - 131444, $813,310.50: Approve. AGREEMENT WITH KEYSER MARSTON ASSOCIATES INC. FOR REAL ESTATE SERVICES RELATED TO THE ACQUISITION AND LEASING OF FEDERAL PROPERTY: Approve. DEVELOPMENT AGREEMENT NO. 97 -15: CONSIDERATION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DOWNEY AND CALSAN /CAL -MRT CONCERNING THE DEVELOPMENT OF A PHASED MATERIALS RECOVERY AND TRANSFER FACILITY ON PROPERTIES LOCATED AT 9821 DOWNEY - NORWALK ROAD AND 9770 WASHBURN ROAD: Set hearing for 7:30 p.m. May 13, 1997, in the Council Chamber of Downe y City Cit Hall: Approve. EXTENSION OF EXCLUSIVE RIGHT TO NEGOTIATE BETWEEN CITY OF DOWNEY AND TOOLEY & COMPANY: Approve an extension of the Exclusive Right to Negotiate by 30 days for the development of approximately thirty -six acres of land at the NASA site: Approve. RESOLUTION NO. 6045 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A 30- MINUTE PARKING RESTRICTION FROM 2 :00 A.M. TO 4 :00 A.M. ON ALL DAYS ON BOTH SIDES OF CLETA STREET BETWEEN PATTON ROAD AND LAKEWOOD BOULEVARD RESOLUTION NO. 6046 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THAT PORTION OF RESOLUTION NO. 5949, CALLING FOR A 30- MINUTE PARKING RESTRICTION FROM 2 :00 A.M. TO 4 :00 A.M. ON ALL DAYS ON BOTH SIDES OF PIVOT STREET BETWEEN 8121 AND 8144 PIVOT STREET RESOLUTION NO. 6047 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THAT PORTION OF RESOLUTION NO. 1617 CALLING FOR A TWO HOUR PARKING RESTRICTION ON BOTH SIDES OF TRISTAN DRIVE FROM 9933 TO 10003 FROM 7:00 A.M. TO 6 :00 P.M. FROM A POINT 390 FEET NORTH OF FLORENCE AVENUE NORTHERLY Council Minutes 4/22/97 -7- Y ..L 1 C . .. RESOLUTION NO. 6048 (ADOPT) A RESOLUTION OF THE CITY OF DOWNEY PROTESTING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS DISTRICT 25 ELECTION HELD ON APRIL 14, 1997 ORDINANCES ORDINANCE NO. 1040 -- 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 The Ordinance was read by title only. It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and unanimously carried to waive further reading and adopt. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING DOWNEY MUNICIPAL CODE SECTIONS 6404 (a) RELATING TO APPEALS OF DETERMINATIONS IN CONNECTION WITH PERMITS, 6408(b) RELATING TO REVOCATION OF PERMITS, AND 6505.2 RELATING TO CAFE ENTERTAINMENT 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. Prior to the vote, Chief Caldwell advised this is cleanup legislation for three sections of the Downey Municipal Code. The change to Sections 6404(a) and 6408 (b) is to bring them into concert with one another as to the number of days from the date of denial or delivery. In Section 6505.2, Cafe and Entertainment permit process, it was found that many more forms of entertainment are being brought into cafes, such as karaoke machines, certain forms of juke boxes, closed circuit and cable television, and it was felt it was appropriate to include these in the ordinance. Council Member McCarthy inquired as to how many businesses this would apply to in the City and was advised an exact number was not available. It was noted the ordinance does not change the permit process for any cafe that is currently under the purview of a cafe permit and only encompasses .. y asses p more activities they may have in their cafe that are not included. He did not feel it would require any or very few new businesses to apply. Mayor Lawrence asked staff to explain the kinds of businesses involved and Chief Caldwell advised this was mainly bars, sports bars, establishments catering toward adult entertainment, and possibly billiard parlors under certain circumstances. Council Minutes 4/22/97 - rw RESOLUTION NO. 6049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND TIIE CITY COUNCIL OF THE CITY OF DOWNEY. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) The Resolution and Ordinance were read by title only. It was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt the resolution and waive further reading and introduce the ordinance. Mr. Williams explained the resolution declares the intention to approve an amendment to the contract between the City and the PERS retirement system and the ordinance authorizes an amendment to the contract. This came about by way of the negotiation process with the non -sworn bargaining units where there was discussion of changing the retirement plan to the 2% at 55 option in lieu of a percentage salary increase in the second year of a three year contract. He explained the time frame within which this must be approved in order for the City to benefit economically and he also reviewed the fiscal impact. RESOLUTIONS: None ADMINISTRATIVE REPORTS DOWNEY COMMUNITY HOSPITAL'S ANSWERS TO QUESTIONS SUBMITTED Mr. Caton advised the Council had directed that responses to the questions presented to the hospital be placed on an open meeting agenda so the public and the Council could have an opportunity to present their comments. Dr. Arthur Harvey, 7629 4th Place, member of a concerned citizens group who feel that perhaps personal motives are being placed above the welfare of the hospital, felt the solution is to request the Council to prepare an attestation to be forwarded to the senior administrators and board of directors at the hospital requesting an answer to the question, "would you sign an attestation that you and your family would not benefit from the sale of the hospital, the lease of the hospital to a for - profit organization, and not benefit from stock options ?" Council Minutes 4/22/97 -9- Lennie Whittington, 8542 Manatee Street, referred to the closing of the base station three years ago to save approximately $100,000 a year and felt the hospital did not take the community into consideration when making this decision. He advised he requested removal of his name from the hospital's mailing list but he continues to receive even more mail than before. He also mentioned his experience while giving a deposition for the hospital was very disturbing and he has filed a complaint with the California Bar Association against the attorneys present for conduct unbecoming an attorney. Betty Ferraro, 7605 Second Street, voiced her concern that hospital representatives were not present to discuss the questions and answers and asked what happens to the questions and answers now. She felt the Council should have established a Hospital Commission. Joel Lubin, 7820 Allengrove Street, noted his disappointment at the hospitals lack of effort in this matter and felt no one knows where this situation stands now without discussion. Council Member McCaughan left the dais to eliminate any possible conflict of interest. Council Member Riley commented on her disappointment that only two people from Mr. Westerhof's office were in attendance to take notes, with no administrator or board member in attendance. She mentioned hearing that the board of the holding company was being downsized from eleven to five members and felt this indicated the hospital was drifting further and further from a community hospital. Council Member McCarthy concurred with the disappointment that the hospital board did not attend the meeting to respond to the public and agreed with Dr. Harvey's comment regarding the intent and motive of hospital leadership. He felt this was one if not the fundamental question. He was interested in knowing if there was any relief from the answers given. Council Member Brazelton voiced concerns over the way the hospital has handled this matter, including the filing of a lawsuit. He noted the lease, approved by the citizens, has certain requirements and the hospital is in total compliance. He was disappointed there were no hospital representatives present to discuss the questions or answers. He felt the pertinent questions were, Is the hospital financially sound; and Is the quality of care appropriate ?, and he did not feel the Council could do much more unless there was non - compliance with the lease. Charles Hutchinson, 8502 Dacosta Street, advised he was one of the people who negotiated the lease with the City and felt the City should never sell the land to the hospital no matter what happens. He opposed the hospital reorganization and said he is no longer on the hospital board as a result. He had hoped the City would establish a commission and bring political pressure to this matter to get a reaction. He mentioned the rumors about the hospital board being downsized, and indicated he has signed an attestation along with Rosemary Ferrarro and another board member, who is still on the board. Mayor Lawrence concurred with Council Member Brazelton's assessment and noted there has already been considerable political pushing by this Council. She thought the answers to the questions were addressed in an understandable manner and felt if someone read the lease they would see that the Council could do nothing else. She suggested the citizens go forward with whatever they need to do and that the hospital board should sign the attestations and put this situation to rest. Council Minutes 4/22/97 -10- Council Member Riley inquired about requesting an attestation from the hospital, which was supported by Mayor Lawrence. Mr. Caton stated staff would work with the City Attorney to draft an attestation. He noted it was important to remember that the hospital could not be sold to a for-profit entity unless the citizens p Y vote for this to happen. Dr. Arthur Harvey stated all the citizens want the hospital to do is to sign an attestation that . g the hospital will not be put up for sale and that they will not benefit in any wa . Y Y other than normal salaries, bonuses and perks. There should not be stock options. Rosemary Ferraro, 9504 Gallatin Road, requested the attestation include not only profit from the sale of the hospital but sale of all the entities, such as Golden Outlook, the insurance services, and CareMore. Mr. McOsker was asked if the attestation could include the affiliated entities as requested b q by Ms. Ferraro, and his response was yes. He stated that if the concern is where the dollars are going from the non - profit into the affiliated entities and whether compensation is oin beyond regular g g Y � salaries, he can draft an attestation to prohibit that, and bring it back for Council's review. It was moved by Council Member Riley, seconded by Mayor Lawrence, and carried by the following vote to direct staff to draft an attestation for hospital board members to sign stating g they would not profit in any way, other than normal salaries, from the sale of the hospital or any of its entities. p ties. AYES: 4 Council Members: Riley, Brazelton, McCarthy, Lawrence ABSTAIN: 1 Council Members: McCaughan Council Member McCaughan returned to his seat on the dais. COUNCIL CONSIDERATION OF ESTABLISHING CRITERIA FOR NAMING OF CITY FACILITIES AND CONSIDERATION OF NAMING APOLLO PARK'S COMMUNITY /SENIOR CENTER'S AUDITORIUM AFTER FORMER MAYOR DIANE P. BOGGS Mr. Caton stated, as requested by Council, he has drafted policy criteria for consideration of naming City facilities. He reviewed his five items of criteria: Significant length of service; love of the community; impeccable character; a positive impact on the community; and the person's agreement that they are politically retired. He also noted that consideration should not be restricted to elected officials but should include other citizens. He commented that Diane P. Boggs' character is above reproach and her accomplishments for the City are numerous. He recommended naming the Apollo g p Park Community /Senior Center Auditorium in her honor. It was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried to authorize the naming of Apollo Park's Communit y /Senior Citizen Center's Auditorium after former Mayor Diane P. Boggs. Council Minutes 4/22/97 -11- Prior to the vote, Lennie Whittington, 8542 Manatee Street, commented he was proud to have been a constituent in District 1 when Diane Boggs was the representative for that area and felt she was an extraordinary person and deserved this honor. Bob Winningham, 8346 Lexington Road, suggested naming the entire Community /Senior Center in honor of Diane P. Boggs. SB 413 (PEACE) SALE OF NON - PROFIT HOSPITALS Mr. McOsker explained that he had been asked to review Senate Bill 413 for possible support by the Council. The Legislative Counsel had indicated there was potential concern about enforceability of the bill and the Council had requested he review the bill and report back. He noted the bill pertains to the sale of non - profit hospitals to for - profit hospitals and requires two significant prohibitions: The directors of the non - profit hospital would be prohibited from gaining any compensation or any other remuneration from sale of the hospital to the for - profit; and management employees of the non - profit who provide analysis and advise on the sale, would be required to sign a covenant (like an attestation) stating they would not work for the for - profit hospital in the future. He reviewed the analysis given to the Council and recommended that if the Council desires to support the bill, one alternative would be to support subject to the legislator seeking his own analysis from the Legislative Counsel. If the Legislative Counsel has similar concerns, the author of the bill may seek an amendment or modification to correct the potential of the problem. It was noted that Council Member McCaughan would abstain from participating. Council Member McCarthy noted there are three sections to the bill and he had no objection to Sections 2 and 3. He explained that Section 1 has items A and B, and he suggested approving the bill with the recommended changes. It was moved by Council Member McCarthy and seconded by Mayor Lawrence to recommend approval of the bill with the following changes: Section 1 (a) should pertain to the transaction under consideration and not future transactions; and Section 1 (b) establish a time period of two years from the date of the transaction (see substitute motion). Joel Lubin, 7820 Allengrove Street, distributed a simplified version of the bill, along with the committee's analysis of the bill. He was concerned with the motion and felt the Council should support the Bill, even if it has problems, without attempting to change the language. He felt it was a good bill and that a letter stating clear support of the intent of the bill is what should be done. A substitute motion was made by Council Member Brazelton, seconded by Council Member Riley, and carried by the following vote to approve Senate Bill 413 subject to Legislative Counsel amending it in his opinion as he feels necessary in order to make the legislation legally enforceable. AYES: 4 Council Members: Riley, Brazelton, McCarthy, Lawrence ABSTAIN: 1 Council Members: McCaughan Council Minutes 4/22/97 -12- • 3u..� Prior to the vote, Lennie Whittington, 8542 Manatee Street, commented he also found the language of the bill confusing. He contacted Senator Peace's office and the Legislative Counsel's office and obtained a copy of the bill that was easier to understand. He then read a brief report regarding hospital conversations that have taken place throughout the state of California, and the concerns that have been raised over this practice. Joel Lubin, 7820 Allengrove Street, commended Council Member Brazelton's substitute motion. OTHER BUSINESS - Council Members Mayor Lawrence announced a free County wide household hazardous waste roundup scheduled for Saturday, May 31, from 9:00 a.m. - 3:00 p.m., at Boeing North American Space Systems. Mayor Lawrence complimented the Neighborhood Preservation Coordinator for a great report on the progress being made with the multi - disciplinary task force to solve some of the issues brought forth in the three neighborhood conferences held. Mayor Lawrence congratulated Chamber of Commerce's selection of J. C. Penney as Large Business of the Year and Dave Gaffin, C.P.A., as Small Business of the Year. Mayor Lawrence mentioned speaking to an English class at Downey High School, noting students were very eager to hear about local government and how a woman got involved. She mentioned favoring the formation of a young people's committee and passed this idea on to the Recreation and Community Services Division as to how this could be part of the Commission. Mayor Lawrence noted it was volunteer recognition week and mentioned the activities of the Exchange Club's Family Support Center focussed on helping prevent child abuse, noting the Assisteens, from the Assistance League of Downey, provide child care at this facility. Council Member McCaughan mentioned Environmental Awareness Day at Furman Park last Saturday, which was a good educational event for the public. Council Member McCaughan hoped City staff would look into the Imperial Highway apartment situation described by the Freys. Council Member McCaughan asked staff to review the incident regarding removal of carnival equipment at Our Lady of Perpetual Help School. Council Member McCaughan noted the City has been asked to solve a situation involving the West Downey Little League and nearby residents and hoped any result would not create a losing situation for the children. He suggested the Council may have the political influence to encourage someone to give. Council Member McCaughan mentioned City Clerk survey on term limits, noting Downey is one of the cities in the County with the most severe limitation. He would like to bring this back to the Council at a future meeting to discuss what has been found in terms of the survey. Council Minutes 4/22/97 -13- w t , Council Member McCaughan advised he is still waiting for the issue of newsracks to come back as to how the City will adjust its newsrack ordinance. Council Member McCaughan also noted he has not received any information as to when consideration of an ordinance defining front yards will come up. Council Member McCaughan commented on the City of South Gate conducting pre - sale inspections of homes and requested staff review South Gate's ordinance and report back to him. He felt it was an opportunity to look at public health hazards that exist at the time of the sale of residential properties. Council Member McCaughan mentioned the City's ability to enforce minor infractions, which can escalate, in controlling the parks and park environment. He requested a report or discussion between the Community Services and Police Departments on how parks are monitored after ten o'clock at night and how they can be protected from the use of boom boxes, profanity, etc. Council Member Riley mentioned the President is conducting a summit on volunteerism and noted he should come to Downey. She referred to the hours accumulated by volunteers at the City's library. Council Member Riley thanked the City Librarian for the copy of the Library Board Minutes. Council Member Riley noted Rancho Los Amigos conducted their Share The Joy of Volunteering luncheon, where organizations were recognized for their many hours of volunteerism. One recipient was the Fire Department's "B" shift. Council Member Riley thanked All American Home Center for its partnership with Downey Jr. Athletic Association in installing fences around the parks. Council Member McCarthy noted the Street Faire, sponsored by the Chamber of Commerce, is scheduled for Saturday, May 3rd, and encouraged everyone to participate. OTHER BUSINESS - Staff Members Mr. Caton mentioned Furman Park was named after the Park & Recreation District's first Director; the City will be celebrating its 41st Anniversary in December; and the present Director of Public Works, Dick Redmayne, has been employed with the City for 38 years. ADJOURNMENT: 11:43 p.m. The meeting was adjourned to 6:30 p.m., May 13, 1997, in the Council Chamber of Downey City Hall. r � ' ti ' Judith E. McDonnell, City Clerk c : . Lawrence, Mayor or � H: \CCLERKVSCONT E\MINLTTES \CCMIN422.wPD Council Minutes 4/22/97 -14- r ¶J MINUTES OF THE CITY COUNCIL /COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 13, 1997 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 6:32 p.m., May 13, 1997, in the Council Chamber of the Downey City Hall, Mayor /Chairman Joyce L. Lawrence presiding. PRESENT: Council Members /Commissioners: Joyce L. Lawrence Mayor /Chairman Barbara J. Riley Mayor ProTem/Vice - Chairman Gary P. McCaughan, M.D. (arrived at 6:35 p . m. ) Keith McCarthy Robert S. Brazelton ALSO PRESENT: Gerald M. Caton, City Manager/Executive Director Tim McOsker, City Attorney Judith McDonnell, City Clerk/Secretary Lee Powell, Assistant City Manager APPROVAL OF CLOSED SESSION MINUTES - APRIL 22, 1997 It was moved by Council Member /Commissioner McCarthy, seconded by Council Member /- Commissioner Brazelton, and so ordered to approve the Closed Session Minutes of April 22, 1997. CLOSED SESSION Mayor /Chairman Lawrence announced the Council/Commission is recessing to Closed Session (6:33 p.m.) to discuss the following Sections of the Government Code: A. Conference with Labor Negotiator Lee Powell re direction for labor negotiations with Downey City Employees Association - Maintenance and Miscellaneous; Downey Firemen's Association; Downey Public Safety Auxiliary Association; Executive Management, Middle - Management and Confidential/Exempt Employees Council Member /Commissioner McCaughan arrived at the meeting at 6:35 p.m. The meeting reconvened in open session at 7:31 p.m. with all Council Members/ - Commissioners present. There were no Closed Session actions to report. The meeting recessed at 7:3 1 p.m. City Council/Community Dev. Comm. Minutes (adj.) 5/13/97 - 4 *; ORAL COMMUNICATIONS The meeting reconvened for Oral Communications at 8:55 p.m. with all Council Members/ - Commissioners present (see Oral Communications under the Regular City Council Meetin g) and recessed at 9:06 p.m. The meeting reconvened at 10:37 p.m. with all Council Members /Commissioners p resent. ADJOURNMENT: 10:37 p.m. 0 /Eudith E. McDonnell, '� , City Clerk/Secretary oyce L. Lawrence, Mayor /Chairman h:\cclerk\soonte\adj -0513 City Council/Community Dev. Comm. Minutes (adj.) 5/13/97 -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 13, 1997 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Central Basin Municipal Water District Presentation of check to Coach Bryan of the Downey High School Baseball Organization for coordinating Drought Proof 2000 Program 1 Central Basin Municipal Water District Presentation of Planet Protector Certificate of Appreciation & certificate for $100 savings bond to Shawn McCarthy, a winner in the Water Awareness Month Poster Contest 1 Proclamation re Motorcycle Awareness and You Month - May 1997 2 Proclamation re National Public Works Week, 5/18 - 5/24/97 2 Proclamation re Water Awareness Month - May 1997 2 Ord. Approving Development Agreement 97 -15 between City & Calsan/Cal -Mrt re the development of a Phased Materials Recovery & Transfer Facility 3 Removal of Items from Consent Calendar 3 Council Minutes: Adjourned & Regular Meetings, 4/22/97 Approved 4 Cash Contract #S. S.449 - Firestone Bl. Pavement Rehabilitation, Nash Av. to E. City Limits: Award contract to CalMat Co. & appropriate Proposition C Local Return Funds Approved 4 Cash Contract #S. S.478 - Traffic Signal Modifications, Paramount Bl. /Gallatin Rd., Paramount Bl. /Stewart & Gray Rd., Bellflower Bl. /Stewart & Gray Rd.: Approve plans and specs. & grant authority to advertise for bids Approved 4 Warrants Issued: #131445 - 131923 Approved 4 Agreement for Building Official Consultant Services between City & Ralph A. Ewers Approved 4 Res. #6050, Approving Appointment of Debbie Black to Library Advisory Bd., Dist. 1 Adopted 4 PAGE 1 OF 4 COUNCIL MINUTES, MAY 13, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6051, Approving Appointment of Alda Sichting to the Emergency Preparedness Committee, Dist. 4 Adopted 4 Res. #6052, Approving an Amendment to the Agreement for Construction of Subdivision Improvements Required by Parcel Map #24560 (8008 Firestone Bl.) Adopted 4 Res. #6053, Adopting the MOU between the City & Downey Public Safety Auxiliary Assoc. Adopted 5 Res. #6054, Approving the Appointment of Steven Brad Lofing to the Emergency Preparedness Committee, Dist. 1 Adopted 5 Res. #6055, Approving the Appointment of Adrienne Merced to the Emergency Preparedness Committee, Dist. 1 Adopted 5 Ord. #1041, Granting a Nonexclusive Franchise to Metricom, Inc. for a wireless digital communications radio network in the public right -of -way Adopted 5 Ord. #1042, Amending DMC Sections relating to Appeals of Determinations in connection with permits, revocation of permits, and cafe entertainment Adopted 6 Agreement with Laidlaw Transit Services to operate DowneyLINK fixed route and purchase four new 29-33 passenger diesel engine buses Approved 8 Robert Bryan suggested a permanent Saturday route on the DowneyLink; and thanked Council for filing initial paperwork re Public Employees Retirement System 2% at 55 benefit 8 Peter Enkhorn proposed a plan to place a concrete slab behind the gymnasium project at Apollo Park 8 Lennie Whittington mentioned a crime involving a check stolen from a mail box and then altered 8 Establish date for the 1997 Mayoral Transition Ceremony Set for 6/25 at 7 p m 8 1997- 1998 Budget Study Session: Set date Set for 6/5 at 5 pm 9 Downey Civic Light Opera Donation, with specification of providing staff with copy of financial statement Approved 9 PAGE 2 OF 4 -- l COUNCIL MINUTES, MAY 13, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cash Contract #596A - Downey Community /Sr. Center & Gymnasium Project: Authorize staff to issue a change order for and auth. the use of funds from Operation Acct. 10 4 3130.0700 Approved 9 Cash Contract #600 - Water Transmission Mains: Approve plans and specs. & grant authority to advertise for bids Approved 10 Cash Contract #589, Phase II - Transmission Main Valve Replacement: Approve additional work & accept the improvements completed for the replacement of 19 valves on the original mains Approved 10 pp Cash Contract #601, Phase II - Water Distribution Mains: Approve plans & specs & grant authority to advertise for bids Approved 10 Draft Ordinance regarding the definition of front yards & Referred to parking in residential zones Planning Comm. 11 Child Care at Furman Park/Rio Hondo Elementary School: Approve the concept & appoint Cn. McCaughan as Council's representative to work with City staff in discussions with the Downey Unified School District Approved 12 Cn. McCaughan re privatization of Rancho Los Amigos Hospital 12 Cn. McCaughan re Kidsday 12 Cn. McCaughan re firearm related trauma cases in L.A. Cnty. - requested a report on how the City can be tougher on issue Ref. to staff 12 Cn. Riley re Rancho Los Amigos Hospital 12 Cn. Riley re Kidsday 13 Cn. Brazelton requested staff review suggestion for concrete slab at Apollo Park 13 Cn. Brazelton re Kidsday Hall of Fame program 13 Cn. Brazelton re ordinance on pre -sale property inspections by the City of So. Gate & suggested possible consideration by Planning Commission 13 PAGE 3 OF 4 COUNCIL MINUTES, MAY 13, 1997 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Cn. McCarthy suggested retaining Kidsday at Furman Park 13 Cn. McCarthy re middle school scholarship events 13 Cn. McCarthy thanked City Mgr. & Code Enforcement for quick follow up to resident's complaints of circumstances at their apartment building 13 Cn. McCarthy re City's presence on the Internet 13 Mayor Lawrence re letter from the Downey Chamber of Commerce thanking City for assistance with the Street Faire 13 Mayor Lawrence inquired about status of installing new decorative bus benches & removing old benches Ref. to staff 13 Mayor Lawrence noted request from Golden Park residents for City to hold activities at that location 13 Mayor Lawrence re issue with Southern California Assoc. of Governments election & requested staff pursue Ref. to City Mgr. 13 Mayor Lawrence re attestation for the Downey Community Hospital Board 13 Mr. McOsker explained Hospital attestation, certificate or declaration submitted for Council's review 14 Mr. Caton mentioned City is recovering from the recession & noted businesses are learning about the City from its Web site 14 Mr. Caton re Coca Cola Bottling Co. project creating more jobs and property tax revenue for the City 14 Mr. Caton re groundbreaking for MRF facility 14 Mr. Caton thanked Council & members of the public for the nice comments received about City Staff 14 Mr. Caton re golf fund raiser for the Downey YMCA & presented Cn. Brazelton with first place trophy 14 Meeting adjourned to 6:30 p.m., May 27, 1997 14 h:\cclerk\scante\tablemst PAGE 4 OF 4