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HomeMy WebLinkAboutMinutes - 05-13-97 - Regular Meeting 1 N `• U �tg� s tJ 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 13, 1997 The City Council of the City of Downey held a regular meeting at 7:35 p.m., May 13, 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 Shirley Bennett, Deputy Director of Public Works Bob Brace, City Engineer Ralph Ewers, Acting Building Official 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 Gary Morse of the Central Basin Municipal Water District (CBMWD) presented to Coach Bryan of the Downey High School Baseball Organization a check for $15,000 for their assistance in coordinating the Drought Proof 2000 Program (distribution of ultra low flow toilets) throughout the City. The Council had endorsed using a community based organization and Coach Bryan thanked the Council and the community for giving the team the opportunity to participate. In appreciation, t - shirts were presented to the City Council, City Manager and City Attorney. Gary Morse of the CBMWD also presented to Shawn McCarthy, a seventh grade student from Griffiths Middle School and son of Council Member Keith McCarthy, a Planet Protector Certificate of Appreciation and a certificate for a $100 U.S. Savings Bond, for being a winner of this year's Water Awareness Month Poster Contest. Council Minutes 5/13/97 -1- Mayor Lawrence presented to John McDonald, member of the group Abate California Inc., a Proclamation declaring the month of May 1997 as Motorcycle Awareness and You Month. Mayor Lawrence presented to Dick Redmayne, Director of Public Works, a Proclamation declaring the week of May 18 through May 24, 1997 as National Public Works Week. Mr. Redmayne commended his staff for the job they do for the City. Mayor Lawrence presented to Dick Redmayne, Director of Public Works, a Proclamation declaring the month of May 1997 as Water Awareness Month. ._._. Mr. Redmayne urged everyone to conserve and commended the Water Division for the work they do. HEARINGS Mayor Lawrence opened the public hearing on DEVELOPMENT AGREEMENT NO. 97- 15 - 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 WAS ROAD. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Riley, seconded by Council Member McCarthy, and so ordered to receive and file. Mr. Rangel explained the project involves the construction of the Calsan/Cal -Mrt Materials Recovery and Transfer Facility, which was approved by the Planning Commission. He noted the City currently has an ordinance requiring solid waste disposal facilities to pay an annual license fee. The proposed Development Agreement allows the developer to lock -in the approvals granted by the City pP g y y for a term of years and the developer agrees to be obligated to pay the annual license fee and continue to pay this fee for the life and use of the site. Council Member McCaughan noted a discrepancy between the staff report and the development agreement in the amount of gross receipts and was advised the correct amount is 12% of gross receipts or $1 per ton of waste. There was no correspondence received regarding this matter. Mayor Lawrence asked if there was anyone present who wished to speak regarding Development Agreement No. 97-15. Jeff Duhamill, Vice President of the Downe y Recyclative Rec clative Transfer located at 9770 Downey - Norwalk Road, responded to Council Member McCarthy's inquiry of when the 1500 ton q ry per p day volume would be met, stating he felt this would be met within the first year as they are now hauling 986 tons per day. He clarified that it was his understanding the 12% fee or $1 per ton was based upon recyclables and noted most cities receive less than $1 or nothing at all. Calsan anticipates Council Minutes 5/13/97 -2- 1 this will amount to revenue of $1,500 per day for the City of Downey. He noted the facility will also offer solutions to Assembly Bill 939 and will be the best facility of its type in California. Lennie Whittington, 8542 Manatee Street, asked if omissions from the facility would be governed by the State and was advised by staff there will be no burning of materials at the facility as it is strictly a sorting plant with all operations contained within the building. There being no one else to speak, it was moved by Council Member McCarthy, seconded by Council Member Brazelton, and so ordered to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY AND CALSAN, INC. RELATING TO THE DEVELOPMENT OF A PHASED MATERIALS RECOVERY AND TRANSFER FACILITY AT ITS PROPERTIES LOCATED AT 9821 DOWNEY - NORWALK ROAD AND 9770 WASHBURN ROAD The Ordinance was read by title only. It was moved by Council Member Riley, seconded by Council Member McCaughan, and unanimously carried to waive further reading and introduce. Prior to the vote, Council Member Brazelton asked if there was a provision to the term of the agreement for an extension and was informed the requirement for paying the license fee continues beyond the term of the agreement and for the life of use of the site. Mr. Caton noted that gross receipts in the agreement means all income generated from the sale of recyclable materials from the project site. Council Member Brazelton asked if the City has the right to audit or verify the recording of the gross receipts or the material process and was advised the license fee is in the nature of a business license and is a requirement under the City's Municipal Code. The City would have the same auditing ability as it now has for any business in the city and for any license, fee or tax. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -B -1, DOWNEY CIVIC LIGHT OPERA DONATION, was removed at the request of Council Member Riley. Agenda Items V1 CASH CONTRACT NO. 596A - DOWNEY COMMUNITY/ - SENIOR CENTER AND GYMNASIUM PROJECT CONVERSION /- MODIFICATION OF IRRIGATION SYSTEM (ACCT. NO. 10 -4- 3130.0700); V1 CASH CONTRACT NO. 600 WATER TRANSMISSION MAINS; VI - - CASH CONTRACT NO. 589, PHASE II TRANSMISSION MAIN VALVE REPLACEMENT; and VI - - CASH CONTRACT NO. 601, PHASE II WATER DISTRIBUTION MAINS, were removed at the request of Mr. Lennie Whittington, 8542 Manatee Street. Council Minutes 5/13/97 -3- CONSENT CALENDAR It was moved by Council Member Brazelton, seconded by Council Member Riley, 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, APRIL 22, 1997: Approve. CASH CONTRACT NO. S.S. 449 - FIRESTONE BOULEVARD - PAVEMENT -� REHABILITATION, NASH AVENUE TO EAST CITY LIMITS (ACCOUNT NO. 54- 16449): Award a unit price Contract, totaling $451,245.00 to the CalMat Company d.b.a. Industrial Asphalt, and appropriate Proposition C Local Return Funds in the amount of $596,000.00 for pavement rehabilitation: Approve. CASH CONTRACT NO. S.S. 478 - TRAFFIC SIGNAL MODIFICATIONS, PARAMOUNT BOULEVARD /GAL_LATIN ROAD, PARAMOUNT BOULEVARD /STEWART & GRAY ROAD, BELLFLOWER BOULEVARD /STEWART & GRAY ROAD (ACCT. NO. 26- 16478): Approve Plans and Specifications and grant authority to advertise for bids: Approve. WARRANTS ISSUED: NO. 131445 - 131923, $1,911,747.95: Approve. AGREEMENT FOR BUILDING OFFICIAL CONSULTANT SERVICES BETWEEN THE CITY OF DOWNEY AND RALPH A. EWERS: Approve. RESOLUTION NO. 6050 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DEBBIE BLACK TO THE LIBRARY ADVISORY BOARD FOR COUNCILMANIC DISTRICT ONE RESOLUTION NO. 6051 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ALDA SICHTING TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC DISTRICT FOUR RESOLUTION NO. 6052 (ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS REQUIRED BY PARCEL MAP NO. 24560 (8008 FIRESTONE BOULEVARD) Council Minutes 5/13/97 -4- RESOLUTION NO. 6053 (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 PUBLIC SAFETY AUXILIARY ASSOCIATION RESOLUTION NO. 6054 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF STEVEN BRAD LOFING TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC DISTRICT ONE RESOLUTION NO. 6055 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ADRIENNE MERCED TO THE EMERGENCY PREPAREDNESS COMMITTEE FOR COUNCILMANIC DISTRICT ONE ORDINANCES ORDINANCE NO. 1041 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 IN ..._.., 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 Brazelton, seconded by Council Member McCarthy, and unanimously carried to waive further reading and adopt. Prior to the vote, Ms. Yotsuya advised the ordinance authorizes the issuance of an Attachment and Permit Agreement, which will provide for the installation of a wireless digital communications radio network in the public right -of -way. Metricom, Inc. will reimburse the City for the reasonable administrative expenses, including legal fees incurred, to process the application. The agreement also establishes a 5% franchise fee based upon the amount of revenue collected from subscribers located within the City. The term of the permit is five years. Council Minutes 5/13/97 -5- { 4 ` Marie Luna of Metricom, Inc., 980 University Avenue, Los Gatos, advised they have an agreement with Southern California Edison for the utilization of Edison poles for the installation of their radios. Metricom will give the use of City -owned poles priority in order to compensate the City or exchange the use of the poles for services and equipment. A layout of the network will be given to the City once the design has been finalized. Ms. Yotsuya advised that City -owned street lights are basically in the downtown area and staff will evaluate this in terms of best usage. ORDINANCE 1042 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 Chief Caldwell advised the first two code sections mentioned bring into concert specific days and times and the third section, Section 6505.2, expands the department's regulatory authority over certain types of entertainment being offered. The Ordinance was read by title only. It was moved by Council Member McCarthy, seconded by Council Member McCaughan, and unanimously carried to waive further reading and adopt. RESOLUTIONS: None ADMINISTRATIVE REPORTS AGREEMENT WITH LAIDLAW TRANSIT SERVICES FOR DOWNEYLINK FIXED ROUTE Mr. Jarrett advised that Laidlaw Transit Services has been the operator of the City's DowneyLINK system for the past three years and he commended them for their reliability and genuine concern for the community. The proposed agreement is for a three year period, plus an additional two years at the discretion of the City Council. He commented on the increased ridership that has necessitated the addition of more buses in the morning and afternoon, with the new buses having a seating capacity of 29 -33 passengers, and an equal amount of standing room. Compressed Natural Gas (CNG) vehicles were reviewed at Council's request but it was found they require 20 minutes for fueling and then the system takes another 20 minutes to regenerate before being able to dispense fuel to the next bus in line. Limited mileage is another problem and newer CNG vehicles can barely accommodate the City's present route with one tank of fuel. Staff is recommendin g the purchase of diesel powered vehicles. This program is funded by voter approved Proposition A and Proposition C funds and the anticipated cost for the first year of service is $658,037. Council Minutes 5/13/97 -6- .. Council Member McCaughan inquired how much the new buses add to the fixed transit budget g q and was advised it would increase by about $542,000, if the present type bus was used; however, the tripper service would be utilized less. He then asked what the actual cost per passenger on an pp p p g annualized basis is and felt the costs should be weighed in respect to other ways the funds could be used, such as fixing roadways. He was informed that Proposition C funds can be used for road repairs. While noting he is in favor, he expressed concern about costs and other areas for utilization of these funds. Council Member Riley mentioned kids were using the system in the summer to go to the library and the community pool and felt larger buses would enable more people to ride. Council Member McCarthy inquired if gaining income from bus ridership would affect the City's ability to receive Proposition A or C funds and the response was no. He asked if the cost of the trip increased would this help offset the cost of the service, and was advised that it may, but it may also cause ridership to drop off substantially. Mr. Jarrett noted annual reports from the MTA state this system is considered one of the better managed and most utilized systems in the southeast Los Angeles area. Mayor Lawrence mentioned asking for research into the CNG buses as the buses go into residential areas and she wanted to offer the cleanest emissions. She questioned which routes were the heaviest in ridership and was informed the southeast, then the southwest, followed by the northeast, and then the northwest. She asked if the diesel used was clean diesel and the response was yes. Irwin Rosenburg, Vice President of Laidlaw Transit, 1517 North Sepulveda Boulevard, Van Nuys, advised that fuel for the buses was purchased through the City from the City Yard and the proposed vehicles have clean diesel engines and run on clean diesel fuel. Responding to further questions, he explained that four CSRE vehicles (rear engine) are proposed along with two additional vehicles to be rehabilitated from the vehicles currently operating. The two rehabilitated vehicles can be used for backup or on the lower demand routes and will also provide for growth on the southeast routes and on other routes, if demand increases. Mr. Jarrett stated the four buses now in service travel on an average between 800 -900 miles a day. Judy Smith of Laidlaw commented on the disadvantage of CNG vehicles since they tend to run out of fuel later in the day, which creates downtime. During further discussion, Mayor Lawrence asked what options were available for artwork on the vehicles to make them more appealing, noting that next year is the States Sesquicentennial and the City's 125th Birthday and asked if this could be considered. Mr. Irwin indicated they would work with staff to come up with a good graphic design. Council Minutes 5/13/97 -7- 4 v J e , Lennie Whittington, 8542 Manatee Street, mentioned it was his understanding these buses . g were mainly for elderly citizens and noted they are being taken over by kids going to and coming home g g from school. If elderly or disabled persons wish to ride the bus in the morning or afternoon, they cannot get on as the buses are full. He pointed out that having standees on the bus could create legal problems for the City, if there was ever an accident. He stated the Federal Government is investigating diesel buses and may outlaw diesel engines in the next ear or so because of pollutants. Y p Council Member McCaughan advised he was in favor of this ro ram but would like to see p g some fine tuning on the geographics of ridership as far as areas where ridership is lower than others. It was moved by Council Member McCaughan, seconded by Mayor Lawrence, and unanimously carried to approve an Agreement between the City and Laidlaw Transit Services, Inc. to operate the City's public transportation system, DowneyLINK; and to authorize Laidlaw Transit Services, Inc. to procure four (4) new 29-33 assen er diesel engine buses. p g g ORAL COMMUNICATIONS Robert Bryan, 7231 Luxor Street, President of the Downey City Employees Association - Maintenance Unit, asked if there were any plans to add a permanent Saturda y route on the DowneyLINK, especially after the theatre opens up and suggested this be considered. He thanked the Council for its recent action in filin g the initial paperwork to enact the PERS 2% at 55 benefit and noted, if enacted, this would benefit both the City and the association members. He feels a mutual satisfactory agreement can be reached when representatives meet to discuss this issue at a later date. Peter Enkhorn, 7820 Conklin Street, place proposed plan to lace a concrete slab behind the p p gymnasium project at Apollo Park southwest corner. He distributed a diagram of his proposal g p p showing the location of the slab noting there is a 50 x 50 area that is not going to be used. He estimated the cost would be about $1,900; the slab would clean up the area and save on water as grass is now proposed. Lennie Whittington, 8542 Manatee Street, mentioned being the victim of a crime involving a ---- check stolen from a mail box that was altered to a much higher amount and made out to someone other than the original payee. In checking with the Post Office, he was advised there has been an influx of similar problems reported in the Downey/Norwalk area. He suggested putting this Y gg p g information in the City's newsletter. ADMINISTRATIVE REPORTS (CONTD.) ESTABLISH DATE FOR THE 1997 MAYORAL TRANSITION CEREMONY Ms. McDonnell requested Council review their calendars and select the date for the Annual Mayoral Transition Ceremony. After Council discussion, the Mayoral Transition Ceremony was set for June 25th at 7:00 Y p.m. p Council Minutes 5/13/97 -8- r ,,•, °. c m 4 ,s. . , r •..o 1997 -1998 BUDGET After Council discussion, the Budget Study Session was set for June 5th at 5:00 p.m. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval DOWNEY CIVIC LIGHT OPERA DONATION Council Member Riley inquired if the City receives a financial report from the Civic Light Opera and was advised no. She then asked staff to request the information. Members of Council were in favor of this donation and did not want to make the financial report a prerequisite, but thought it would be interesting to review this information. Following discussion, it was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried to approve the donation with the specification that the Community Services Director see a financial statement. It was noted if the Downey Civic Light Opera does not provide a financial statement, staff should request a valid reason. CASH CONTRACT NO. 596A - DOWNEY COMMUNITY /SENIOR CENTER AND GYMNASIUM PROJECT - CONVERSION/MODIFICATION OF IRRIGATION SYSTEM (ACCT. NO. 10 -4- 3130.0700) Lennie Whittington, 8542 Manatee Street, mentioned the report states the contractor damaged the irrigation system and now parts cannot be located to repair it. He felt the City should have plans for matters such as this. Mr. Caton advised that Apollo Park predates the City and the City knew the system was inadequate to begin with. It was felt with the brand new park buildings it was best to give the citizens an entire new park, which included the irrigation system. Council Member McCarthy asked if reclaimed water was being used or would be brought in and was informed there is no main running through this lot. This could be added if circumstances change in the future. It was moved by Council Member Brazelton, seconded by Council Member Riley, and unanimously carried to authorize Staff to issue a Change Order for the conversion /modification of the irrigation system at Apollo Park and the Community Center, and authorize the use of funds from Operation Account No. 10- 4- 3130.0700 for this work. CASH CONTRACT NO. 600 - WATER TRANSMISSION MAINS Lennie Whittington noted he was in favor of the project but wanted clarification of the figures. Council Minutes 5/13/97 -9- 4 ti t .ir It was moved by Council Member Riley, seconded by Mayor Lawrence, and carried by the following vote to approve plans and specifications, and grant the Water Division authority to advertise for bids. Council Member McCarthy had stepped away from the dais temporarily and was not present during the vote. AYES 4 Council Members: McCaughan, Riley, Brazelton, Lawrence ABSENT 1 Council Members: McCarthy CASH CONTRACT NO. 589, PHASE II - TRANSMISSION MAIN VALVE REPLACEMENT Mr. Whittington again asked for clarification of the dollar figures. Council Member McCarthy returned to his seat on the dais. It was moved by Council Member Riley, seconded by Council Member Brazelton and unanimously carried to approve additional work and accept the improvements completed for the replacement of nineteen (19) valves on the original Water Transmission Mains. CASH CONTRACT NO. 601, PHASE II - WATER DISTRIBUTION MAINS Mr. Whittington again sought clarification of the figures, to which staff' responded. It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and unanimously carried to approve plans and specifications and grant the Water Division authority to advertise for bids. OTHER BUSINESS - Council Members DRAFT ORDINANCE REGARDING DEFINITION OF FRONT YARDS AND PARKING IN RESIDENTIAL ZONES Council Member McCaughan expressed his concern about the City's definition of a front yard, noting the City's Municipal Code defines the front yard setback as twenty feet. He feels there is a "gray zone," whereby if a house sits back more than twenty feet, there is nothing in the code that pertains to this area. He recommended changing the definition of the front yard to clarify what can be done in the front yard area and feels the front yard should actually go up to the face of the house, whether it is 20 or 50 feet. He narrated slides depicting the parking of various types of vehicles in front of houses but behind the twenty -foot setback area, noting under the current code the City cannot cite for parking or storage in this area. He requested Council's permission for this issue to go before the Planning Commission. Council Minutes 5/13/97 -10- It was moved by Council Member McCaughan, seconded by Council Member Riley, and carried by the following vote to initiate revocation proceedings and direct the Planning Commission to conduct the public hearing relating to Zone Exception Case Nos. 258, 153, 1009, and Conditional Use Permit No. 151 for property located at 13535 Lakewood Boulevard (Tahitian Village). AYES: 4 Council Members: McCaughan, Riley, Brazelton, Lawrence NOES: 1 Council Members: McCarthy Council Member McCarthy offered the observation that the City's effort was to get the attention of those involved with the property, which has occurred. He expressed his willingness to grant the applicant more time on this matter. OTHER BUSINESS - Council Members SENATE BILL 413 (PEACE) SALE OF NON- PROFIT HOSPITALS Mayor Lawrence asked the Council to consider support of Senate Bill 413 proposed by State Senator Peace from San Diego County relating to non - profit hospitals. The bill would prohibit members of the boards of directors of non - profit corporations of a non -profit general acute care hospital from financially benefitting if it is sold to a for - profit entity. It also requires that employees of said non - profit general acute care hospital, in the case of a transfer, would not be able to benefit or take employment with the other group for an unspecified length of time. She noted, since the time is unspecified, this portion of the bill may not stand up in a court of law. Mr. McOsker noted the legislative counsel opinion states that a court may find the provisions are an unreasonable restriction on employment and if they find this to be true, it would not be enforceable. Also, the bill is intended to be an urgency matter, meaning it would take effect immediately upon the third reading. - . - .. Council Member Brazelton commented in favor of the concept but was hesitant in supporting it, if the bill was possibly not enforceable. He suggested waiting until more information is available on this issue. Council Member McCarthy concurred with Council Member Brazelton. It was moved by Mayor Lawrence and seconded by Council Member Riley, to support the bill and bring it back if further amendments are needed. AYES 2 Council Members: Riley, Lawrence NOES 2 Council Members: Brazelton, McCarthy ABSTAIN 1 Council Members: McCaughan Motion failed. Council Minutes 4/08/97 -6- • It was moved by Council Member McCarthy, seconded by Mayor Lawrence, and carried by the following vote to continue this matter to the next Council Meeting of April 22nd. AYES 4 Council Members: Riley, Brazelton, McCarthy, Lawrence ABSTAIN 1 Council Member: McCaughan Council Member McCarthy requested staff to solicit local legislators for any further information on this matter. COUNCIL COMMENTS: Council Member McCaughan mentioned he received an opinion from the City Attorney regarding the parking of vehicles in front yards and requested this matter be placed on a future agenda for discussion about possibly modifying the City's definition of a front yard. He noted a number of substandard uses in what is considered a front yard. Council Member McCaughan mentioned attending a meeting of the Rancho Los Amigos Community Advisory Committee where the County is attempting to privatize Rancho Los Amigos Hospital. He hoped local newspapers would cover this closely and indicated taxpayers could be giving away a "jewel of the community" to a private owner. Council Member McCaughan requested feedback on modifying the adult newsrack ordinance. Council Member McCaughan commented on his attendance at a Council of Governments (COG) meeting and the topics discussed, such as the Cosco terminal in Long Beach, which COG supports; closure of military bases in Southern California and the economic loss a community suffers from the base closure; and the Intermodel Surface Efficiency Transportation Act (ISTEA) the government is starting to process in terms of surface transportation. He noted the 23 - member -city COG is attempting to get the proper appropriation of funds for Southern California. Council Member McCaughan noted street vendors appearing on weekends selling sunglasses at the Mobil station on the corner of Firestone Boulevard and Brookshire Avenue and others selling paintings and rugs on the corner of Downey Avenue and Firestone Boulevard. He suggested Code Enforcement be advised of these activities. ORAL COMMUNICATIONS Dr. Verner Waite, 5243 Vista Del Sol, Cypress, referred to Senate Bill 413 (D Peace), which he felt would satisfy most doctors and staff at the hospital. He mentioned the Downey Community Hospital's answers to the questions submitted, and stated it is a citizen's first amendment right to submit questions anonymously. John McDonald, 11028 Elmcrofi Avenue, requested Council consider a proclamation declaring May as Motorcycle Awareness Month to reduce injuries and insurance costs to the residents of the City. Council Minutes 4/08/97 -7- It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and carried by the following vote to refer the matter to the Planning Commission for possible action. AYES 4 Council Members: McCaughan, Riley, Brazelton, McCarthy NOES 1 Council Members: Lawrence Prior to the vote, Mayor Lawrence felt this could be a matter of concern for recreational vehicle owners and noted people have limitations on their ro erties. She asked the City Attorney for p p Y Y the history of the original 20 feet. Mr. McOsker said he did not know the original intent without researching it, but the current language says the "minimum setback of 20 feet shall be landscaped and maintained in good condition and shall not be used for the storage of any vehicle, structure or object." CHILD CARE AT FURMAN PARKIRIO HONDO ELEMENTARY SCHOOL Council Member McCaughan stated this issue is a request by parents in the community for extended child day care. He noted the Council has given staff approval to look at the Furman Park area, since it is next to Rio Hondo School, which is one of the highly impacted schools next to Williams School. He mentioned newspaper articles about increased funding for child care and felt low -cost on -site child care should be available at each school site. State authorities have given tentative approval of the Furman Park site, but because the park would have to be shared with the public, the City would have to obtain permission from the School District to use one of their restrooms and some school space. He noted the Imperial School Site has been profitable for ten years and is a great opportunity for the City to offer low cost child care. He advised transportation is required to the current three offsite child care providers, which are more expensive and not as convenient. He requested Council's approval to act as its representative in discussions with the School District and stated most surrounding cities offer child care at school sites and the school districts embrace this. Council Member Brazelton spoke in favor of child care at school sites but against using park sites for this function. Responding to questions from the Council as to how much of the park would be utilized, Mr. Jarrett explained the concept would be to place a modular structure on the property line, removing the fence that separates the Furman Park property and the Rio Hondo School property. There would be an opening into the school yard and the play areas of the school; park property would not be taken for this purpose. Size is approximately 48 x 40. The school restroom would be used. The State has given conditional approval pending meetings with the School District. The School District's response was that child care needs for Rio Hondo School are presently being met by three other providers and they are not interested in pursuing the project at this time. Council Member Riley asked if a survey had been conducted and the response was no. Council Minutes 5/13/97 -11- Mayor Lawrence commended Council Member McCaughan for pursuing this J ro°ect and p stated a survey is needed to show a community consensus along with information on what is available from what provider and what the needs of the parents are. She favored a p ublic forum to obtain this information. Council Member McCaughan felt, as the designated Council spokesperson, he could talk to the School Board or the Superintendent of Schools about this issue, but wanted the backin g of the Council first. Mayor Lawrence mentioned a request for survey was made through the School District last September or October and was turned down. Council Member McCaughan felt smaller steps need to be taken and recalled the hurdles that were incurred in setting up the facility at Imperial School. Council Member Brazelton concurred with conducting a public forum to seek community input. It was moved by Council Member McCarthy, seconded by Council Member McCaughan, and . g carried by the following vote to approve the concept of establishing a School-Age Extended Day Y Child Care Program at Furman Park, and appoint Council Member Dr. Gary McCaughan as Council's representative to work with City staff in discussions with the Downey Unified School District on this project. AYES 3 Council Members: McCaughan, Riley, McCarthy NOES 2 Council Members: Brazelton, Lawrence Prior to the vote, Linda Detweiler from the Downey YMCA, 11531 Downey Avenue, stated the YMCA is also looking at options in child care and would welcome the opportunity to be a part of any public hearing. She noted the YMCA has a vested interest in child care and recognizes that transportation is an issue. She would like Council to look at all possibilities before making any recommendations and asked that all area child care providers be a part of the forum. Council Member McCaughan advised that the Rancho Los Amigos Hospital Advisory Committee met and decided to reject a proposal to privatize Rancho and to keep it as a public hospital. He encouraged monitoring this situation as it comes up for a vote around June 5th. Council Member McCaughan complimented the Kidsday event and all City Departments involved. Council Member McCaughan mentioned an article on firearm related trauma cases in Los Angeles County, which listed the expense involved and that it mostly involves youths between the ages of 10 to 25. He requested a report showing any way the City can be tougher on this issue. Council Member Riley concurred with Council Member McCaughan's comments on Rancho Los Amigos Hospital and noted it is a vital part of the community. Council Minutes 5/13/97 -12- . - t.; Council Member Riley congratulated everyone involved with Kidsday and mentioned that Eagle Scout Peter Boris, who attended most of tonight's meeting, was honored at Kidsday. Council Member Brazelton requested staff review Mr. Enkhorn's suggestion of installing a concrete patio at Apollo Park. Council Member Brazelton mentioned the Kidsday Hall of Fame presentations at the Downey Theatre recognizing outstanding students on their achievements. _.__. Council Member Brazelton referred to an ordinance circulated by Council Member McCaughan regarding pre - sale property inspections by the City of South Gate. He felt it was worthy of consideration by the Planning Commission. Mayor Lawrence requested that the Board of Realtors be notified if this is agendized, to which staff agreed. Council Member McCarthy suggested retaining the Kidsday Program at Furman Park as he felt there was more shade at this park. Council Member McCarthy mentioned that the middle schools held their scholarship events and noted he attended the ceremony at Griffith Middle School, where his daughter was recognized. Council Member McCarthy thanked the City Manager and Code Enforcement for the quick follow up for residents who had complained about circumstances at their apartment building. Council Member McCarthy mentioned the City's presence on the Internet and felt it was a good way to promote the City. He noted it was a chance to provide people with the ability to file forms and reports with the City by computer rather than having to come to City Hall to fill them out. Mayor Lawrence mentioned a letter from the Downey Chamber of Commerce thanking the City and staff for their assistance with the Street Faire on May 3rd. Mayor Lawrence inquired when the new decorative bus benches would be installed and the last of the advertising benches removed and staff advised they would get back to her with this information. Mayor Lawrence noted a request from residents in the Golden Park area that the City hold some activities there. Mayor Lawrence mentioned the Council's action protesting the election conducted by Southern California Association of Governments (SCAG) to fill the Downey /South Gate seat. They will be holding another election but she noted they still seated the person elected at the irregular meeting. She asked the City Manager to contact SCAG, voicing Downey's displeasure. Mayor Lawrence asked the City Attorney to comment on the attestation for the hospital board that he prepared and submitted for Council's review. Council Minutes 5/13/97 -13- Mr. McOsker mentioned the Senate Peace Bill discussed at the last Council Meeting regarding changes in the law regarding what directors and managers of non - profit hospitals can and cannot do if there is a partial or complete sale of the hospital. Council had requested that he prepare an attestation, P P more appropriately called a certificate or declaration, that could be forwarded to the hospital so that management employees and directors would be given the opportunity to execute such an attestation, certificate or declaration stating there is the potential for a conflict of interest where the employee or the director receives compensation or remuneration from a for - profit entity that contracts with the hospital. It would also indicate that the signatory has not been offered, received or benefitted from any such renumeration which is described and that the director or manager will not accept or receive any such compensation while he or she is a manger or director or at any time within two years after ,�.... y ceasing to be a director or manager. He has prepared four different certificates to meet different circumstances; one for a member of the board of directors for the hospital foundation; one for a member of the board of directors for the health services ee corporation; one for a management employee P g p y of the foundation; and one for a management employee of the health services corporation, and that each parallels the other. He has provided draft certificates to the Council for their review. OTHER BUSINESS - Staff Members Mr. Caton mentioned the City is recovering from the recent recession and noted businesses are learning about the City on the City's Web site. Mr. Caton commented that the Coca Cola Bottling Company will tear down the large building off Lakewood Boulevard and will develop this site within the next year creating more jobs and additional property tax revenue for the City. Mr. Caton noted the Materials Recovery Facility (MRF) will have a ground breaking ceremony during the last week of May. Mr. Caton thanked the Council and members of the public for the comments received about City staff. Mr. Caton mentioned a golf fund raiser for the Downey YMCA in which the City participated. He then presented Council Member Brazelton with a trophy for first place in the seniors "Low Calloway" category. ADJOURNMENT: 10:37 p.m. The meeting was adjourned to 6 :30 p.m., May 27, 1997, in the Council Chamber of Downey City Hall. r " �•'~ r 1Ik , • f4: A Judith E. McDonnell, City Clerk o • ' L. Lawrence, Mayor or y HCCLERK \SCONTE\1vIINUTES \CCMIN513 Council Minutes 5/13/97 -14-