HomeMy WebLinkAboutMinutes - 07-08-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JULY 8, 1997
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificates of Appreciation to City Staff from the Downey
Sister Cities Association 1
Res. #6073, Confirming the 1997 -98 FY Assessment for
Lighting & Landscaping District A.D. 121 Adopted 2
Removal of Items from Consent Calendar 2
Council Minutes: Adjourned & Regular Meetings, 6/24/97;
Adjourned Meeting 6/25/97 Approved 2
Cash Contract #S. S. 460 - Citywide Resurfacing: Approve
Plans & Specs. & grant authority to advertise for bids Approved 3
Res. #6074, Approving funding agreement with City of
Norwalk for the resurfacing of Cecilia St., from W. of Little
Lake Rd. to Dollison Dr. Adopted 3
Cash Contract #607 - Downey Police Facility Upgrade Project:
Reject all bids & grant authority to re- advertise Approved 3
Warrants Issued: 133406 - 133892, $1,999,891.14 Approved 3
Chamber of Commerce Agreement, 1997 -98 Fiscal Year Approved 3
Reallocation of Home Investment Partnership Program Funds Set hearing
for Grant Year 1995 -96 7/22/97 3
Kaiser Permanente deceleration lane (9449 Imperial Hwy.):
Approve street improvement plans & authorize ;staff to proceed
with the project Approved 3
Res. #6075, Approving the reappointment of Jean Brazelton,
Recreation & Community Services Commission, Dist. 4 Adopted 3
Res. #6076, Approving the reappointment of Bobbie Samperi,
Recreation & Community Services Commission, Dist. 2 Adopted 3
PAGE 1 OF 3
COUNCIL MINUTES, JULY 8, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #6077, Approving the reappointment of Fern Persion,
Personnel Advisory Board, Dist. 2 Adopted 3
Res. #6078, Approving the reappointment of Brian Gasdia,
Planning Commission, Dist. 3 Adopted 4
Design Review Board Appointments:
Establish Council Member Sub - committee Approved 4
Direct staff to send out notices & advertisements Approved 4
Proposed Agreement to run automated records checks for
the Downey Unified School District: Authorize the Police
Department to enter into an agreement Approved 5
Cash Contract #S. S. 468 - Misc. Concrete Construction &
Repair: Approve plans & specs. & grant authority to advertise
for bids Approved 5
Amendment to Southeast Water Coalition Joint Powers Approved
Agreement as amended 5
City Council Committee Assignments for 1997 -98 Approved
as amended 6
Cable Television Franchise concerns: Activate the Cable TV
Citizens' Advisory Committee, investigate & report on
complaints received & direct staff to look into the issue of
adult entertainment & advertisement of same in the billings Approved 7
Emmie Song requested extension of time for removal of a Referred to
roof sign from liquor store business at 9809 E. Imperial Hwy. staff 7
Dr. David Hubbel re Downey Community Hospital issue 7
Dr. Arthur Harvey re concerns about Hospital matters 7
Lennie Whittington suggested City sell excess City -owned
land; mentioned new parking structure needs cleanup; and hoped,
if reactivated, the Citizens' Advisory Committee would abide
by the Brown Act 7
Cn. Brazelton re Hospital issue 8
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COUNCIL MINUTES, JULY 8, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Brazelton requested a report on vacant City -owned land
on Firestone Bl. 8
Cn. McCarth y s support Council' ort of Senate Bill 413 8
Cn. McCarthy commended the Church of Latter Day Saints
on tree gp project ' ect & 150th Anniversary 8
p
Cn. McCarthy referenced a cleanup project to be held in the
Golden Park are on Jul y 12th 8
Mayor Pro Tem McCaughan requested approval to be on the
Jul y Agenda meetings A enda re meetin s with the School District
regarding child care 8
Mayor Riley requested a report on the signal at Florence Av.
and Paramount B1. re sound device to aid the blind 8
Mr. Caton mentioned Cn. Lawrence's trip to Sacramento re
the flood control project
8
Mr. Caton re the sale of City -owned property & mentioned
redevelopment projects completed during his tenure as
City Manager 8
_._... Mr. Caton expressed his hope that the private sector will develop
and revitalize the community 9
Mr. Caton re the City Attorney's pending response to Hospital
questions 9
Meeting adjourned to 6:30 p.m., July 22, 1997 9
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MINUTES OF THE CITY COUNCIL
OF TIIE CITY OF DOWNEY
JULY 8, 1997
The City Council of the City of Downey held a regular meeting at 7:50 p.m., July 8, 1997, in
the Council Chamber of the Downey City Hall, Mayor Barbara J. Riley presiding.
PRESENT: Council Members:
Barbara J. Riley Mayor
Gary P. McCaughan, M.D. Mayor ProTem
Robert S. Brazelton
Keith McCarthy
Joyce L. Lawrence
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Joyce Doyle, Deputy City Clerk
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Bob Brace, City Engineer
John Finch, Police Captain
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Bob and Alda Sichting, 9374 Suva Street, presented Certificates of Appreciation, on behalf
of the Downey Sister Cities Association, to City staff members, Kathy Simmons, Public Works
Department, Chief Irwin, Downey Fire Department, and June Yotsuya, City Manager's Office,
ill appreciation of their performance on behalf of the Association. Mr. Sichting introduced
Association members Felix Berra, Anna Flores, and Phil and Annette Bliss, who were also in
attendance.
HEARINGS
Mayor Riley opened the public hearing on LIGHTING AND LANDSCAPE DISTRICT
A.D. 121 - RESOLUTION CONFIRMING 1997 -98 DISTRICT LEVY.
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Ms. Doyle affirmed receipt of the Proof of Publication and Affidavit of Posting of Notice. It
was so ordered to receive and file.
Mr. Redmayne advised the Council approved the Engineer's report on June 10th and declared
the intention to levy and collect Lighting and Landscaping Assessments for Fiscal Year 97 -98. The
City is required to adopt a resolution and hold a public hearing to set assessment rates for the ensuing
year. He noted assessments for this year will be less than or equal to that of the prior year.
There was no correspondence received regarding this matter.
Mayor Riley sked if there was anyone present who wished to speak regarding the 1997 -98
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District Levy.
Mr. Lennie Whittington, 8542 Manatee Street, requested assurance that the City was in
h require a vote of the residents if the fees are not less than or equal with new laws that ual to q q
those of the rior year.
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There bein g speak, one else to s eak, it was moved by Council Member McCaughan, seconded by
Council Member Brazelton, and so ordered to close the hearing.
RESOLUTION NO. 6073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE 1997 -98 FISCAL YEAR ASSESSMENT FOR LIGHTING
AND LANDSCAPING DISTRICT A.D. 121
The Resolution was read b y only. onl . It was moved by Council Member Lawrence, seconded
by Council Member Brazelton, and unanimously carried to waive further reading and adopt.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Agenda Item VI - - AMENDMENT TO SOUTHEAST WATER COALITION JOINT
POWERS AGREEMENT, was removed at the request of Council Member Brazelton.
Agenda Item VI - - CASH CONTRACT NO. S.S. 468 - MISCELLANEOUS
CONCRETE CONSTRUCTION AND REPAIR, was removed at the request of Council Member
McCarthy.
CONSENT CALENDAR
It was moved by Council Member McCaughan, 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, JUNE 24, 1997;
AND ADJOURNED REGULAR MEETING, JUNE 25, 1997: Approve.
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10675
CASH CONTRACT NO. S.S. 460 - CITYWI:DE RESURFACING (ACCOUNT NO. 26-
16460, 54 -16474 TO 77): Approve Plans and Specifications and grant authority to advertise
for bids: Approve.
RESOLUTION NO. 6074 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FUNDING AGREEMENT WITH THE CITY OR NORWALK
FOR THE RESURFACING OF CECILIA STREET, FROM WEST OF LITTLE
LAKE ROAD TO DOLLISON DRIVE
CASH CONTRACT NO. 607 - DOWNEY POLICE FACILITY UPGRADE PROJECT:
Reject all bids and grant authority to re Approve.
WARRANTS ISSUED: NO. 133406 - 133892, $1,999,891.14: Approve.
CHAMBER OF COMMERCE AGREEMENT, 1997 -98 FISCAL YEAR: Approve.
REALLOCATION OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS
FOR GRANT YEAR 1995 -96: Set hearing for 7:30 p.m., July 22, 1997, in the Council
Chamber of Downey City Hall.
9449 IMPERIAL HIGHWAY - KAISER PERMANENTE DECELERATION LANE:
Approve street improvement plans for a deceleration lane on the north side of Imperial
Highway just west of Bellflower Boulevard and authorize staff to proceed with the project:
Approve.
RESOLUTION NO. 6075 (ADOPT)
A RESOLUTION F THE CITY OF C COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF JEAN BR.AZELTON TO THE ,....
RECREATION AND COMMUNITY SERVICES COMMISSION FOR
COUNCILMANIC DISTRICT FOUR
RESOLUTION NO. 6076 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF BOBBIE SAMPERI TO THE
RECREATION AND COMMUNITY SERVICES COMMISSION FOR
COUNCILMANIC DISTRICT TWO
RESOLUTION NO. 6077 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF FERN PERSION TO THE
PERSONNEL ADVISORY BOARD FOR COUNCILMANIC DISTRICT TWO
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G 6
RESOLUTION NO. 6078 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF BRIAN GASDIA TO THE
PLANNING COMMISSION, DISTRICT THREE
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
DESIGN REVIEW BOARD APPOINTMENTS
Mr. Rangel advised the Design Review Board was established to review the aesthetics of
commercial, industrial, and multiple- family residential developments within the City. The terms of all
present board members will expire on October 9, 1997, necessitating the need to reappoint with initial
appointments reflecting staggered two year and four year terms, with subsequent appointments
reflecting four year terms. Staff requests that Council establish a two Council Member sub - committee
to interview candidates and make a recommendation to the full Council and also direct staff to make a
call to the community requesting that individuals wishing to serve on this board file their statements of
qualifications with the City. He explained the qualifications review and subsequent interview process.
Mayor Riley submitted into nomination the names of Council Members McCaughan and
Brazelton for the Council sub - committee.
There being no further nominations, it was moved by Mayor Riley, seconded by Council
Member McCarthy, and unanimously carried to establish a two Council Member sub - committee,
existing of Council Members McCaughan and Brazelton, to interview candidates and make a
recommendation to the full City Council.
It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and
unanimously carried to direct staff to send out notices and advertisement requesting resumes
from individuals who would be interested in serving on the City's Design Review Board.
PROPOSED AGREEMENT TO RUN AUTOMATED RECORDS CHECKS FOR THE
DOWNEY UNIFIED SCHOOL DISTRICT
Chief Caldwell explained the Downey Unified School District has requested the Police
Department to run automated criminal history checks on the District's non - certificated employees. He
noted staff has worked with the City Attorney to develop an agreement satisfying the Department's
needs for protection, which is recommended for approval. He responded to questions from the
Council.
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It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and
unanimously carried to authorize the Chief of Police to enter into an agreement with the Downey
Unified School District to conduct automated records checks on prospective non - certificated
employees.
Joel Lubin, 7820 Allengrove Street, commented on his approval of this agreement.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
CASH CONTRACT #S.S. 468 - MISCELLANEOUS CONCRETE CONSTRUCTION
AND REPAIR (ACCOUNT NOS. 25- 13942, AND 26- 16468)
Mr. Redmayne advised the City performs miscellaneous concrete repairs every year and this
contract would enable scheduled repairs to be done en -mass, allowing the repair of isolated sites
throughout the balance of the year.
Council Member McCarthy mentioned a site at Rosecrans Boulevard where Century
Boulevard intersects, noting there is a crossing light but no wheelchair ramp, and requested this site be
added to the list. It was explained this site is on a list already approved by the Council to be sent to
the Metropolitan Transit Authority for funding approval and will be on the next contract for concrete
repairs.
It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
unanimously carried to approve Plans and Specifications and grant authority to advertise for
bids.
AMENDMENT TO SOUTHEAST WATER COALITION JOINT POWERS
AGREEMENT
Council Member Brazelton stated his opposition to Policy Board members setting or adjusting
the compensation per meeting, as noted in Section 2 of the amendment, and suggested deleting this _....
section.
It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and
unanimously carried to approve the Amendment to the Southeast Water Coalition Joint Powers
Agreement, with the deletion of Section 2 - Compensation and renumbering of Section 3.
OTHER BUSINESS - Council Members
CITY COUNCIL COMMITTEE ASSIGNMENTS
Mayor Riley noted a correction to the Southeast Water Coalition assignment. Council
Member Brazelton will remain as the representative, with Mayor Riley as the alternate.
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It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and
unanimously carried to approve the recommended City Council Committee Assignments for
1997 -98, as corrected.
CABLE TELEVISION FRANCHISE CONCERNS
Mr. McOsker advised, at the direction of Council, his office submitted a letter to the
Franchisee asking a number of questions on the technical as well as legal authority and position of the
Franchisee. He noted the cable company responded verbally and he is awaiting their written response
after which he will prepare an analysis for the Council and community on the City's ability to enforce
the franchise agreement with respect to cable box charges and issues regarding quality of service.
Ms. Harriet Doran, 9846 Birchdale Avenue, mentioned submitting a letter to the Mayor and
Council objecting to the cable company's promotion of adult programming, noting an advertisement
included in the July billing statement. She questioned how this would be regulated as far as minors
calling for this service and mentioned hearing about cities in Orange County that have been able to
keep adult materials out of their cities or at least keeping it to a minimum.
Mayor Riley read a list of questions that have been submitted to the cable company.
Mr. Joel Lubin, 7820 Allengrove Street Street, commented on his dissatisfaction with the cable
company's customer service and mentioned the address listed on the cable billing for contacting the
City of Downey is incorrect. He suggested reactivating the Cable Advisory Committee to resolve
these issues.
Mr. Russ Persion, 11469 Samoline Avenue, noted his dissatisfaction with the necessity of
having a box for each television set and felt it was for the monetary advantage of the cable company.
Mr. Fred James, 9360 Samoline Avenue, noted his dissatisfaction with the necessity for cable
boxes and mentioned callin g p an the cable company regarding discounts for senior citizens and being told
Y re ar g g
they presently have this service but it is being phased out.
Council Member Brazelton mentioned the cable company was recently granted an extension of
the franchise, and the contract states the franchise can be terminated if complaints became too
numerous. He felt there should be a particular location for the public to lodge complaints. He
suggested the City Attorney's analysis be submitted at the next Council meeting, with a Media One
representative available to answer questions, and concurred with reactivating the Citizens Advisory
Committee.
Council Member McCarthy asked Ms. Doran to notify him regarding the Orange County cities
that have established regulations regarding adult materials. He suggested establishing a phone number
for receiving and logging complaints, which can be forwarded to the cable company.
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Council Member McCaughan noted, to his knowledge, it was not disclosed to staff or to the
Council that the cable system would become a box only system and felt this should not only be
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analyzed by the City Attorney but should also be investigated. He suggested directing staff to have
the Cable Advisory Committee meet on a regular basis and also explore the adult programming issues.
He felt the adult programming advertisement was in poor taste and the Council should issue a letter to
the cable company.
It was moved by Council Member McCaughan, seconded by Council Member McCarthy nd
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unanimously carried to activate the Cable TV Citizens' Advisory Committee, investigate and
report on complaints received, and direct staff to look into the issue of adult entertainment and
advertisement of adult entertainment in the billing statement.
Mayor Riley asked that the information include how U.S. West changed to Media One.
Mayor Riley recessed the meeting at 8:55 p.m. and reconvened at 8:57 p.m. with all Council
Members present.
ORAL COMMUNICATIONS
Ms. Emilie Song spoke on behalf of her parents who own a liquor store /market at 9809 East
Imperial Highway, advising they received a notice two years ago to remove their roof sig n. She noted
the business was robbed for the third time last July, (she distributed a newspaper clipping of the
robbery to the Council), and her parents felt it was necessary to install a bullet proof window, which
was a costly expenditure. She requested an extension of time for the removal of the roof sign due
to hardship.
Mayor Riley referred Ms. Song to Mr. Rangel for advice on this matter.
Dr. David Hubbel, 11213 Julius Avenue, gave a brief history of Pioneer Hospital in Artesia,
which was built 40 years ago and last sold to the Tenant group, who is closing the hospital on August
4th. He also gave a brief history of Downey Community Hospital, with the present facility built in
the late 1960's, and mentioned rumors that corporate members plan to sell the hospital to the Tenant
group. He noted this group's history of buying and selling hospitals and felt it was imperative that the
citizens of Downey put an end to this situation.
Dr. Arthur Harvey, 7629 East Fourth Place, expressed concern about Hospital matters and
mentioned several individuals recently subpoenaed for depositions because they questioned Hospital
activities. He asked the question of who owns the Hospital.
Mr. McOsker was asked to reply and submit a written answer at a later date. He stated the
underlying fee interest and land ownership lies with the City and it has been leased for a number of
years. The improvements revert back to the City at the end of the lease and noted he would report
back to the Council on issues regarding ownership of the lease and control of lease issues if desired.
Mr. Lennie Whittington, 8542 Manatee Street, mentioned concern about the City's budget and
suggested staff consider selling excess city - owned land to benefit the City financially. He also
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stressed that the new arkin structure needs to be cleaned up. He referred to the Cable TV
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Citizens' Advisory Committee and stated, if reactivated, he hopes it will abide by the Brown Act
requirements.
Mayor Riley asked the City Manager to direct staff to prepare a written answer to the question
of ownership of the hospital.
OTHER BUSINESS - Council Members
Council Member Brazelton referred to comments regarding the Hospital and stated the City is
limited under the lease, noting the hospital cannot be sold without the consent of the City.
Council Member Brazelton requested a report on vacant City - owned land on Firestone
Boulevard and the feasibility of maintaining it or marketing it.
Council Member McCarthy referred to Dr. Hubbel's comments regarding the Senate Bill 413,
noting he has received letters asking for support of this bill. He stated the Council has voted
unanimously to support this bill, as amended.
Christ Council Member McCarthy commended the Church of Jesus Clr rst o f Latter Day y Sairas on
the recent tree planting project and noted they are celebrating their 150th Anniversary.
Council Member McCarthy referenced a cleanup project to be held July 12th in the Golden
Park area organized by the Neighborhood Preservation Program.
Mayor Pro Tem McCaughan requested approval to be on the July 22nd Agenda, under the
City Council Member section, to report on his meetings with the School District regarding child
care.
Mayor Pro Tem McCaughan mentioned many successful and beneficial real estate projects
the City has been involved in, requiring not only public but private enterprise participation.
Mayor Riley requested a report on the signal at Florence Avenue and Paramount
Boulevard regarding the sound crossing signal device to assist the blind.
OTHER BUSINESS - Staff Members
Mr. Caton mentioned Council Member Lawrence's trip to Sacramento earlier today to
represent Downey's best interest, as well as the seven city alliance, in the flood control project.
He noted Senator Tom Hayden wants conditions imposed the would make it impossible for the City to
tap Y into State money. He commended Mayor Lawrence for her support on behalf of the City.
Mr. Caton referenced Mr. Whittington's suggestions for the sale of City - owned property
and mentioned positive redevelopment projects that have been successfully completed during his years
as City Manager. He noted that with the growth in the economy and added interest along Firestone
Boulevard, now is a better time to market this property.
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Mr. Caton expressed his hope that the private sector will take a real interest in developing
and revitalizing the community, in particular the property surrounding the new Krikorian Theatre.
Mr. Caton stated the City Attorney will be responding to earlier questions regarding the
Hospital, but reiterated that the Hospital cannot be sold without a vote of the people.
ADJOURNMENT: 9:28 p.m.
The meeting was adjourned to 6:30 p.m., July 22, 1997, in the Council Chamber of Downey
City Hall.
1-4
Jo E. Doyle, Deputy Cit Clerk B
c Barbara y, p y y arba a J. R,i ey, May
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