HomeMy WebLinkAboutMinutes-11-08-94-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 8, 1994
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation re National Hospice Month 1
Presentation to Gabriel Loya Cont. to 11/22/94 1
Items Removed from Consent Calendar 1
Council Minutes: Adj. Regular Meeting, 10/25/94 Approved 2
Council Minutes: Regular Meeting, 10/25/94 Approved as amended 2
Warrants Issued: #104788 - 105194 Approved 2
Res. #5843, rescinding Res. #5733 & establishing
policy for destruction of certain obsolete records Adopted 2
Res. #5844, authorizing Application & Agreement for
a Grant issued by Office of Traffic Safety for a
High Accident Location Study Adopted 2
Ord. #986 amending Downey Municipal Code re speed
limit on Rives Ave. Adopted 2
Ord. amending Downey Municipal Code relating to
regulation of shopping carts Introduced 2
Ord. amending Downey Municipal Code adopting Fire Introduced
Code and Uniform Fire Code Standards, 1991 Edition Set hrg. 12/13/94 3
Res. #5845, apvg. amendment to contract between
Board of Administration of Public Employees'
Retirement System and Downey City Council Adopted 4
Ord. authorizing amendment to contract between
Downey City Council & Board of Administration of
Public Employees' Retirement System Introduced 4
Cash Contract #591 - Phase II, Civic Center Water
Well: Waive irregularity in bid & award contract
to Pascal & Ludwig Engineers of Ontario for
construction of Civic Center Water Well Approved 5
Page 1 of 2
COUNCIL MINUTES, NOVEMBER 8, 1994
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cash Contract #595 - Tennis Court Resurfacing at
Furman /Independence Parks: Appropriate additional
funding ($6,000) from Capital Projects budget &
award contract to Eastwood's Tennis Surface, Inc.
(Account #40- 17194) Approved 5
Downey Holiday Lane Parade Permit - December 4, 1994 Approved; Report on 5
City costs at next mtg.
Appointment of William Ralph as alternate to
Central Basin Water Association Board of Directors Approved 6
Cn. Lawrence re continual drainage problem at
parking lot of Rio San Gabriel Park 6
Cn. Boggs looked forward to learning results
from National Election held today 6
Cn. McCaughan commented on tour with Code Enforcement
personnel & confidence with decision to redirect
resources to this area 6
Cn. McCaughan complimented DJAA & other sports programs
at City Parks; encouraged young people to get involved 6
Mr. Caton thanked Fire Dept. for hosting lunch at Fire
Station for purpose of viewing two new fire apparatus 6
Chief Irwin noted new fire apparatus were deployed into
immediate service on residential fire in Downey 6
Mr. Rangel introduced Mr. Steven Yee, new Economic
Development Coordinator 6
Lennie Whittington commended staff & Council on efforts
in Washington, D.C. to postpone FEMA flood insurance
requirements; commented on possible conflict of interest
involving Cn. McCaughan's family related to opposition
of CUP Appeal re day care center at last meeting 6
Cn. McCaughan responded to misinformation re conflict
of interest 6
Lee Squire thanked Council Members voting in support of
day care center at last meeting 7
Esther Ashby complained about discretionary Code Enforcement
& ongoing neighborhood conflict involving common block wall 7
Meeting adjourned to 4:30 p.m., November 22, 1994 7
Page 2 of 2
MIND TE S OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NOVEMBER 8, 1994
The City Council of the City of Downey held a regular meeting at
7:43 p.m., November 8, 1994, 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 Pro Tem
Joyce L. Lawrence
Diane P. Boggs
Robert S. Brazelton
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Lee Powell, Assistant City Manager
Greg C a l d w e l l , Police Chief
Ron Irwin, Fire Chief
Art Rangel, Dir. of Economic & Community Development
Jim Jarrett, Director of Community Services
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Ron Yoshiki, Asst. Comm. Dev. Director /City Planner
June Yotsuya, Assistant to the City Manager
Robert Brace, City Engineer
Cindi Lee, Executive Secretary
PRESENTATIONS
Mayor Riley presented a Proclamation declaring November, 1994, as National
Hospice Month to Ms. Eileen Tschernenko and Ms. Pat Hunter, Boardmembers,
Greater Lakewood Community Hospice.
Ms. McDonnell noted the presentation to Mr. Gabriel Loya will be continued
to the next meeting.
HEARINGS: None.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Council Member Boggs requested removal from the Consent Calendar of Agenda
Item VI -E -1, DOWNEY HOLIDAY LANE PARADE PERMIT.
Ms. McDonnell indicated the Table of Minute Actions attached to the
Minutes of the Regular Meeting of October 25, 1994, should be amended to
reflect that Cash Contract No. 591 will be placed on a future agenda.
CONSENT CALENDAR
It was moved by Council Member Boggs, 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 11/8/94 -1-
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COUNCIL MINUTES: ADJOURNED REGULAR MEETING, OCTOBER 25, 1994: Approve;
REGULAR MEETING, OCTOBER 25, 1994: Approve as amended.
WARRANTS ISSUED: NO. 104788 - 105194, $2,055,312.58: Approve.
RESOLUTION NO. 5843 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RESCINDING RESOLUTION NO. 5733 AND ESTABLISHING A
POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS
RESOLUTION NO. 5844 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE APPLICATION AND AGREEMENT FOR A GRANT
ISSUED BY THE OFFICE OF TRAFFIC SAFETY FOR A HIGH
ACCIDENT LOCATION STUDY
ORDINANCES NOT SET FORTH ABOVE:
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE, SECTION 3186(m)
RELATING TO SPEED LIMIT ON RIVES AVENUE
The Ordinance was read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Boggs, and unanimously carried to waive
further reading and adopt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 4133 AND ADDING SECTION 4133.2 TO
CHAPTER 1 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE
RELATING TO THE REGULATION OF SHOPPING CARTS
Mr. Powell explained the current Code does not address a procedural matter
that should be included in the regulations. Shopping cart owners are notified
to pick up their abandoned carts that have been collected on the streets and
stored by the City. Currently, a fee must be paid to retrieve the shopping
carts; however, this amendment as suggested by the City Attorney, would allow
the owner due process through a hearing procedure. A hearing can be requested
to determine if the City was justified in collecting the cart. The hearings
would be simplified since the financial amount in question is relatively low.
The proposed Ordinance was distributed to all shopping markets in the City and
a grocers' association that requested a copy.
The Ordinance was read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Boggs, and unanimously carried to waive
further reading and introduce.
Council Minutes 11/8/94 -2-
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Prior to the foregoing vote, Council Member McCaughan discussed how all
provisions of the Ordinance would be enforced, specifically that portion
dealing with markets placing signs at exits prohibiting the removal of carts
from the premises. He discussed the penalty of $50 per store or person, and
suggested this violation be handled as an infraction subject to a citation,
instead of a misdemeanor violation.
Mr. Caton noted staff would review the possibility of categorizing
shopping cart theft as an infraction violation, and return to Council with a
report on the matter.
Council Member Boggs commented on the significant problem of private
property theft, such as shopping carts or wagons, and her dismay that more
importance is not placed on this type of crime in the court system.
Council Member Lawrence noted most large markets have signs posted and
people patrolling parking lots to monitor carts. She commented on the increase
of complaints from the public regarding the problem of abandoned shopping carts
in their neighborhoods, and expressed support for the proposed Ordinance.
Council Member McCaughan noted some cities are developing a franchise
where the City collects all abandoned shopping carts and the store pays a fee
for this service. He suggested reviewing a possible infraction procedure and
franchise operation.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING SECTIONS 3300, 3305 THROUGH 3308, 3314 THROUGH
3316, 3318, 3321 THROUGH 3324, 3331, 3333, 3334, 3344
THROUGH 3349.1, 3351, 3353, 3354, 3356, 3357, 3359, 3360,
3364, 3365, 3368 THROUGH 3372 OF THE DOWNEY MUNICIPAL
CODE, AMENDING 3317, 3319, 3325 THROUGH 3330, 3332,
3355, 3363, 3367, 3404(A) AND ADDING SECTIONS 3300,
3307, 3318, 3321, 3322, 3368 ADOPTING THE UNIFORM
FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1991
EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION AND
PROVIDING FOR ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE
Mr. Caton noted the correct hearing date on this matter should be set for
December 13, 1994, not December 6, 1994 as indicated in the staff report.
Chief Irwin summarized the staff report, noting this Ordinance is
basically a language clean -up measure; there are no major substantive changes
to this Section. In response to Mr. Caton's question, Chief Irwin advised the
Fire Department is currently operating under the 1988 Fire Code provisions.
The Ordinance was read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Boggs , and unanimously carried to waive
further reading and introduce, and set the public hearing for 7:30 p.m.,
December 13, 1994 in the Downey City Council Chamber.
Council Minutes 11/8/94 -3-
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Prior to the foregoing vote, Council Member McCaughan questioned any
changes regarding sprinklers mentioned in the new Ordinance, and was informed
there are no substantive changes in this area, but that all issues will be
addressed during the public hearing on this matter.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS
RESOLUTION NO. 5845
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO __
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY
COUNCIL OF THE CITY OF DOWNEY
Mr. Powell explained the "military buy- back" benefit offered by PERS,
wherein a City employee may choose to purchase up to four years of service
credit with PERS for any continuous active military or merchant marine service
prior to employment. The employee, and not the City, would make all
contributions to PERS, thereby not impacting the City in any financial manner.
He further explained that PERS procedures require adoption of a Resolution and
Ordinance approving the contract.
The Resolution was read by title only. It was moved by Council Member
Brazelton, seconded by Council Member Lawrence, and unanimously carried to
waive further reading and adopt.
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 BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
The Ordinance was read by title only. It was moved by Council Member --
Lawrence, seconded by Council Member Brazelton, and unanimously carried to
waive further reading and introduce.
CASH CONTRACT NO. 591 - PHASE II, CIVIC CENTER WATER WELL
Mr. Redmayne explained this project consists of completing the Civic
Center Water Well. Only two bids were received, and the low bid contained an
irregularity that needed further review. It is usual to receive a low bid
turnout on this type of project, so staff's opinion is that rebidding the
project would not generate additional competitive bids. The bid irregularity
was the inadvertent listing of an unapproved subcontractor; however, a proper
letter of approval was submitted, and after conferring with the City Attorney's
office, staff is recommending acceptance of this bid.
Council Minutes 11/8/94 -4-
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It was moved by Council Member Brazelton, seconded by Council Member
McCaughan, and unanimously carried to waive the irregularity in the bid and
award a contract in the amount of $538,885 to Pascal and Ludwig Engineers of
Ontario for the construction of the Civic Center Water Well, second and final
phase consisting of installation of well equipment and connection to existing
transmission main, and construction of well building under Cash Contract No.
591.
CASH CONTRACT NO. 595 - TENNIS COURT RESURFACING AT FURMAN AND
INDEPENDENCE PARKS
Mr. Redmayne explained this project will consist of crack repair,
resurfacing and repainting of playing court lines on a total of twelve tennis
courts at Furman and Independence Parks. Staff is requesting an additional
appropriation of $6,000 to complete the project.
It was clarified the recommendation is to appropriate $6,000 from the
Capital Projects Fund (Fund 40) and not the General fund, as stated in the
staff report.
Council Member Brazelton questioned whether a certain bidder had been
included in the process, and was informed they were notified, but did not
submit a bid.
It was moved by Council Member Lawrence, seconded by Council Member Boggs,
and unanimously carried to appropriate additional funding in the amount of
$6,000 from the Capital Fund and award a lump sum contract, totaling $16,400 to
Eastwood's Tennis Surface, Inc. for resurfacing the tennis courts at Furman
Park and Independence Park under Cash Contract No. 595 (Account No. 40- 17194).
OTHER BUSINESS - CONSENT CALENDAR: Items Removed by Council Approval
DOWNE Y HOLIDAY LANE PARADE PERMIT - DECEMBER 4, 1994
Council Member Boggs questioned whether the charges for Public Works and
Police Department services for the Parade could be absorbed by the City.
Mr. Caton noted this would be a policy decision of the Council and he w i l l
place this matter on the next agenda for consideration. The Chamber will also
be notified of this issue on the upcoming agenda.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried to approve the Parade Permit Application for the 1994
Chamber of Commerce Downey Holiday Lane Parade, and request the City Manager to
report back at the next meeting regarding possible City funding of Public Works
and Police services for the Parade.
OTHER BUSINESS - COUNCIL MEMBERS
APPOINTMENT OF WILLIAM RALPH AS ALTERNATE TO THE CENTRAL BASIN MUNICIPAL
WATER ASSOCIATION
Council Member Lawrence noted that Mr. Scott Temple represents the City on
various water boards and commissions, and is requesting an alternate be
appointed to replace him on the Centra Basin Municipal Water Association when
he cannot attend such meetings due to heath restrictions. The Water Board has
recommended the appointment of William Ralph to this voluntary, advisory
position.
Council Minutes 11/8/94 -5-
Discussion ensued regarding a possible conflict of interest involving Mr.
Ralph's association with the Central Basin Water District. It was decided that
Mr. Ralph would be able to abstain on issues that might cause a conflict.
It was moved by Council Member Lawrence, seconded by Council Member
Brazelton, and unanimously carried to appoint Mr. William A. Ralph as alternate
representative for the City of Downey to the Central Basin Municipal Water
Association Board of Directors.
Council Member Lawrence questioned whether a continual drainage problem in
the parking lot of Rio San Gabriel Park would be addressed soon, and was
informed this matter is listed on the Capital Improvements budget for repair.
Council Member Boggs mentioned looking forward to learning election
results from the National Election held today.
Council Member McCaughan commented on his City tour with Code Enforcement
personnel and expressed confidence with Council's decision to direct resources
to this area.
Council Member McCaughan complimented DJAA and other sports programs at
various City parks, and encouraged young people to become involved in these
activities.
OTHER BUSINESS - Staff Members
Mr. Caton thanked the Fire Department for hosting lunch at a Fire Station
for the purpose of inspecting two new fire apparatus.
Chief Irwin noted the new fire engines were deployed into immediate
service on a recent residential fire in north Downey, and mentioned the new
communications system also worked effectively.
Mr. Rangel introduced Mr. Steven Yee, the City's new Economic Development
Coordinator.
ORAL COV4IUNICATIONS
Mr. Lennie Whittington, 8542 Manatee St., thanked staff and Council for
their efforts in Washington, D.C. to postpone FEMA Flood Insurance require-
ments. He expressed concern with a possible conflict of interest involving
Council Member McCaughan at the last Council meeting during a Conditional Use
Permit Appeal hearing, since he was informed that Council Member McCaughan's
sister is married to the son of Mr. Norman Barnes, the leader of the
opposition. He requested Council Members publicly declare any potential
conflict of interest in the future, and abstain on issues when necessary.
Council Member McCaughan advised there was no conflict of interest on t h i s
matter because his sister is not married to any relative of Mr. Norman Barnes,
and recommended information be verified prior to such public comments.
Mr. Whittington noted he was given false information, and apologized for
his statements regarding this matter.
Council Minutes 11/8/94 -6-
Mr. Lee Squire, 8804 Samol i ne St., commented on the rights of parents of
disabled children, and expressed appreciation to those Council Members voting
in support of the day care center as representing both the residents and
parents of children with disabilities.
Ms. Esther Ashby, 9063 Suva St., complained about discretionary Code
Enforcement, cited various Downey Municipal Codes and Building Codes, and an
ongoing neighborhood conflict involving a common block wall.
ADJOURNMENT: 8:35 p.m.
The meeting was adjourned to 4:30 p.m., November 22, 1994, in the Council
Chamber of the Downey City Hall.
Al df d
Judith E . McDonnell, City Clerk Barbara J. R ey, P�ayor
Council Minutes 11/8/94 -7-