HomeMy WebLinkAboutMinutes - 05-23-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 23, 1995
T A B L E O F MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation of Rebate Check & Plaques of Appreciation
from So. California Edison Co. to City & staff members 1
Proclamation re "Management Week in California" 1
Public Works Presentation 1
Proposed Consolidated Plan, Action Plan & use of
Community Development Block Grant (CDBG) & proposed HOME
Investment Partnership Program Funds for 1995 -96, includ-
ing submittal of application with additional appropria-
tion to School District for funding of position working
with at -risk young people Approved 2
Urgency Ord. #1002, extending for a period of ten
months and 15 days a Moratorium on Adult Uses and
amending & extending an exception process allowing
applications for exceptions as to Adult Uses within
the City of Downey & declaring Urgency thereof Adopted 3
Lennie Whittington commended Finance Dept. & City
Clerk's Office for service given to public; suggested
City's Miscellaneous employees be given adequate pay
raises; requested removal of outdated & unenforced
parking signs on Manatee St. re DMC Section 3176
prohibiting all -night parking on City streets 3
Steve Petzold re participating as lending agency
for HOME & Mortgage Credit Certificate Programs 3
Marvin Clarkson & George Nakoud re problems with liquor
store sign being vandalized; requested permission for
higher sign to avoid continued damage Referred to staff 3
Items removed from Consent Calendar 4
Council Minutes: Adjourned & Regular Meetings,
May 9, 1995 Approved 4
Cash Contract #597 - Urgent Tree Trimming Citywide:
Accept work completed Approved 4
Warrants Issued: #110504 - 110918 Approved 4
Page 1 of 3
COUNCIL MINUTES, MAY 23, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE W.
Res. #5875, apvg. Engineer's report for assessments
within Ltg. Maint. Dist. A.D. 121 for FY 1995-96 Adopted 4
Res. #5876, declaring intention to 1 evy & col 1 ect
1 ighting & landscaping assessments within Ltg.
Maint. Dist. A.D. 121 for FY 1995 -96 (Sets Public
Meeting 6 /13/95 & Publ is Hearing 7/13/95) Adopted 5
Establish date for 1995 -96 Budget Study Session 5/30/95 at 4:00 p.m. 5
Unscheduled equipment purchase - Te l e -Wo r ks Automated
Citizens Information System: Appropriate $23,015
from General Fund & approve purchase of System Approved 6
Amendment to Agreement between The Ferguson Co. &
City of Downey on behalf of the LACDA Alliance for
consulting services (Fourth Amendment) Approved 6
Cn . Brazel ton re pay increases for Miscellaneous
employees; commented on tight budget & need to find
more revenue sources to maintain public services 6
Cn. Boggs invited publ is to attend Memorial Day
Ceremony at Downey Cemetery on Monday, May 29, 1995 7
Cn. Boggs re deleting obsolete Ordinances in Downey
Municipal Code as new Ordinances are adopted 7
Cn. Lawrence commended involvement of City employees &
volunteers in many community events 7
Cn. McCaughan thanked staff for resolving traffic
problem in Furman Park parking lot 7
Cn. McCaughan suggested staff review & develop truancy
Ordinance similar to City of Monrovia's Ordinance 7
Cn. McCaughan asked staff to review & establish Ordinance
regulating camping in streets & publ is parks, similar to
Ordinance in Santa Ana 7
Cn. McCaughan noted State Legislature's attempt to pre-
empt local government regulations concerning shopping
carts 7
Cn. McCaughan commended Police Dept. on recent Child
Safety Seat Checkpoint, suggesting this be done on a
routine basis 7
Pa 9 e 2 of 3
COUNCIL MINUTES, MAY 23, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCaughan requested updated information from City
Atty. re City's enforcement rights concerning number
of people allowed to live in single family residence 7
Cn. McCaughan noted abandoned shopping cart at Furman
Park & urged calling retrieval service when carts are
sighted 7
Mayor Riley commended Fire Dept. on successful "Fire
Service Recognition Day" with open houses at fire stations 7
Chief Irwin commented on career of retired Downey Deputy
Fire Chief Don Warren 7
Mr. Caton thanked Public Works, Police & Fire Depts. for
providing necessary services for funeral of L.A. County
Deputy Sheriff Stephen Blair, who was a Downey resident 7
Mr. Caton acknowledged high priority which Council &
Downey citizens place on City employee safety, e s p e c i a l l y
for Police & Fire Departments 7
Adjourned in memory of retired Downey Deputy Fire Chief
Don Warren & L.A. County Deputy Sheriff Stephen Blair 8
Adjourned to 4:00 p.m., May 30, 1995 (Budget Study Session) 8
Page 3 of 3
..a
MINUTES OF THE CITY COUNCIL
ti OF TI-E CITY OF DOW t�E Y
NAY 23, 1995
The City Council of the City of Downey held a regular r meeting at 7:40 p.m.,
May 23, 1995, in the Council Chamber of the Downey City Hall , Mayor Barbara J.
Riley presiding.
PRESENT: Council Members:
Barbara J. Riley, Mayor
Gary P. Mc Ca ug h an , M. D., Mayor Pro Tem
Joyce L. Lawrence
Robert S. Bra z el ton
Diane P. Boggs
ALSO PRESENT: Gerald M. Caton , City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell , City Cl erk
Lee Powel 1 , Assistant City Manager
Greg Caldwell , Pol ice Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rangel , Dir. of Economic & Community Development
Richard Redmayne, Director of Publ is Works
Lowell Williams, Director of Finance
Ron Yoshi ki , Asst . Community Dev . Director /City Planner
June Yotsuya, Assi stant to the City Manager
Joseph Arranaga, Physical Services Superintendent
Robert Brace, City Engineer
Bob Gallagher, Building Official
Greg Mayfield, Water /Sanitation Superintendent
Ed Vel asco, Housing Manager
Carol Rowl and, Administrative Assi stant (Part -time)
Kathy Simmons, Administrative Assistant
Cindi Lee, Executive Secretary
PRESENTATIONS
Ms. Sylvia Granados, representing the Southern California Edison Company,
presented a rebate check in the amount of $53,172 and Plaques of Appreciation to
Public Works Director Redmayne and Water /Sanitation Superintendent Mayfield in
recognition of the City of Downey Water Division's conservation efforts in
energy management.
Mayor Ri 1 ey presented a Proclamation declaring June 4 -10, 1995 as
"Management Week in California" to Mr. Dino Troi , incoming President of Roc kwel l
National Management Association.
Mr . Redmayne presented an overview of the Public Works Department, and
introduced his staff present in the audience. He narrated a slide presentation
depicting the City's infrastructure maintained by the Publ is Works staff , and
other areas such as park maintenance, recycling and graffiti eradication
programs. He discussed the various responsibil ities of the Physical Services,
Engineering , and Water Divisions , and the ongoing commitment to provide
outstanding service to the public .
Council Minutes 5/23/95 -1-
# t' I
HEARINGS
Mayor Riley opened the public hearing on PROPOSED CONSOLIDATED PLAN AND
PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS FOR 1995-96.
McDonnell affirmed receipt of the proof of publication. It was moved
Mr s. p p p
by Council Member Boggs, seconded by Council Member Bra zel ton , and so ordered to
receive and file.
Mr. Rangel explained the Department of Housing and Urban Development (HUD)
instituted new regulations this year for the purpose of streamlining the
planning and application process for housing and community development
programs. A Consolidated Plan must be prepared as a prerequisite to receiving
Federal funds, such as Community Development Block Grant (CDBG) funds, and HOME
Investment Partnership Program funds. He outlined the four main sections of the
Plan, noting this document w i l l replace the Comprehensive Housing Affordability
Strategy (CHAS), and will cover the period from July 1, 1995 through June 30,
2000. The total amount available during fiscal year 1995 -96 is $2,145,989, and
after having reviewed public comments and requests for grant funding, staff is
suggesting using available funds on 14 activities.
There was no correspondence received on this matter.
As there was no one present wishing to speak regarding this issue, it was
moved by Council Member Boggs, seconded by Council Member Lawrence, and
unanimously carried to close the public hearing.
Council Member Lawrence recommended funds be appropriated for the School
District position previously held by Mr. Daryll Jackson, working with young
people at risk. She explained the valuable work he has done with the Police
Department and School District, and requested $21,300 in additional funding to
retain this position.
Mr. Caton suggested this money be moved from the Community /Senior Center
Remodel project .
Discussion ensued about the carryover budgeted funds from the previous
year, based on estimated figures compared to actual expenditure of funds.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried to approve the Consolidated Plan and the Action Plan for
1995 -96 CDBG and HOME funds and submittal of the application, with an additional
appropriation of $21,300 to the School District from the Community /Senior Center
Remodel project, for funding of the District's position that works with at -risk
young people.
Mayor Riley opened the public hearing on EXTENDING A MORATORIUM ON ADULT
USES AND EXCEPTIONS AS TO ADULT USES WITHIN THE CITY OF DOWNEY.
Ms. McDonnell affirmed receipt of the proof of publication. It was moved
by Council Member Boggs, seconded by Council Member McCaughan, and so ordered to
receive and file.
Council Minutes 5/23/95 -2-
f ��
Mr. Rangel summarized the staff report, noting the requested extension will
allow staff additional time to review the adequacy of the current Ordinance,
gather information from various studies regarding secondary effects of adult
activities in communities, and collect ordinances from other cities which
regulate such uses. Furthermore, staff is analyzing the current Ordinance in
view of recent U.S. Supreme Court decisions regarding adult uses.
There was no correspondence received on this matter.
As there was no one present wishing to speak regarding this issue, it was
moved by Council Member Lawrence, seconded by Council Member Brazelton, and so
ordered to close the public hearing.
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOW NE Y, CALIFORNIA,
EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 65858 A MORATORIUM ON ADULT USES AND
AMENDING AND EXTENDING AN EXCEPTION PROCESS ALLOWING APPLICATIONS
FOR EXCEPTIONS AS TO ADULT USES WITHIN THE CITY OF DOWNY,
DECLARING THE URGENCY THEREOF, AND FOR OTHER PURPOSES
The Ordinance was read in its entirety. It was moved by Council Member
Boggs, seconded by Council Member Brazelton, and unanimously carried to adopt.
ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee St ., commended the Finance Department
under the direction of Lowell Williams, and the City Clerk's Office for
excellent service given to the public. He recommended the City's Miscellaneous
Employees, including maintenance staff, be given adequate pay raises in the
future. He distributed a picture of a posted sign on Manatee Street that is
causing parking problems on the south side of the street, and requested
consideration be given to removing these outdated and unenforced parking signs
referencing Downey Municipal Code Section 3176 prohibiting all -night parking on
City streets.
Mr. Steve Petzold, 12546 Downey Ave., Account Executive for Nations Bank
Mortgage, requested that his company be added to the list of lenders
participating in the HOME Program and the Mortgage Credit Certificate Program,
and Mr. Rangel assured him he would be contacted regarding the next training
session.
Mr. Marvin Clarkson and Mr. George Na ko ud discussed problems experienced
with vandalism of a liquor store business sign located at 8509 Imperial Highway,
and the need for a higher elevated sign to avoid continued damage.
Mr. Caton suggested these gentlemen meet with City Planner Ron Yoshiki to
resolve this issue.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Council Member McCaughan requested removal from the Consent Calendar of
Agenda Item VI-E-1, I NSCHEDILED EQUIPMENT PURCHASE - TELE-WCRKS AUTOMATED
CITIZENS INFORMATION SYSTEM, and Agenda Item VI-E-2, AMENDMENT TO AGREEMENT
1,ETWEEN TEE FERGUSON COMPANY AND CITY OF DOWNE Y ON BEHALF OF THE LACDA ALLIANCE.
Council Minutes 5/23/95 -3-
Mr. Lennie Whittington, 8542 Manatee St., also requested these two items be
removed for discussion.
CONSENT CALENDAR
Council Member Boggs noted she has listened to the tape recording of the
last Council Meeting and will be voting on the Minutes.
It was moved by Council Member Lawrence, seconded by Council Member
Brazel ton , and unanimously carried to approve the remainder of the Consent
Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MAY 9, 1995: Approve.
CASH CONTRACT N0. 597, URGENT TREE TRIMMING CITYWIDE: Accept work
completed at a total cost of $23,847.00: Approve.
WARRANTS ISSUED: NO. 110504 - 110918, $1,187,740.10: Approve.
ORDINANCES NOT SET FORTH ABOVE: None.
RESOLUTIONS NOT SET FORTH ABOVE
RESOLUTION NO. 5875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE ENGINEER'S REPORT FOR ASSESSMENTS WITHIN
LIGHTING MAINTENANCE DISTRICT A.D. 121 FOR THE
FISCAL YEAR 1995-96
The Resolution 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.
RESOLUTION NO. 5876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO LEVY AND COLLECT LIGHTING
AND LANDSCAPING ASSESSMENTS WITHIN LIGHTING
MAINTENANCE DISTRICT A.D. 121 FOR
FISAL YEAR 1995 -96
(SETS PUBLIC MEETING 6/13/95 AND PUBLIC HEARING 7/13/95)
Mr. Redmayne explained the Landscaping and Lighting Act of 1972 allows the
City to collect assessments for lighting and landscaping improvements and
maintenance. To alleviate the growing backlog of City trees that need trimming,
staff is recommending establishment of a new Citywide Zone L for street and
public facility landscaping maintenance, which would fund an annual City tree -
trimming contract. Since estimates for Zone III Lighting District indicate that
expenditures will be lower than expected and rates will be reduced, Zone L rates
will be set up in the amount of the Zone III reduction, resulting in no increase
to the overall citywide rate.
Council concurred with the need to maintain the landscape infrastructure of
the community.
Council Minutes 5/23/95 -4-
Mr . Lennie Whittington, 8542 Manatee St ., expressed opposition to the
proposed assessment, as it will be a new tax on the public that could be raised
at any time. He commented on the City's prior capability to trim trees with its
own equipment, instead of awarding contracts to private companies for thi s
service.
The Resolution was read by title only. It was moved by Co unc i 1 Member
Boggs, seconded by Council Member Brazel ton, and unanimously carried to waive
further reading and adopt.
ADMINISTRATIVE REPORTS
ESTABLISH DATE FOR 1995 -96 CITY B(JJGET STUDY SESSION
It was the consensus of Council to schedule the Budget Study Session for
4:00 p.m., May 30, 1995 in the Council Chamber of Downey City Hall .
OTHER BUSINESS - CONSENT CALENDAR: Items Removed by Council Approval
IIt4SCHEDLLED EQUIPMENT PURCHASE - TELE -WORKS AUTOMATED CITIZENS INFORMATION
SYSTEM
Mr. W i l l iams summarized the staff report, explaining the proposed automated
phone system is an information resource designed to improve communications
between 1 ocal governments and the citi zens they serve. The system is accessibl e
from any touchtone telephone to play informational messages describing the City
of Downey's services and programs. He outlined the capabilities of the new
system, i ncl uding an automated FAX information service that would provide pubs is
access to documents via a FAX machine, a message 1 ine for Citi zen Requests for
Service, an Emergency Service Message for use in emergency situations , and
recorded answers to address commonly asked questions .
Council Member McCaughan asked i f a modem was necessary to obtain faxed
documents, and Mr. Will iams replied the call er would only need a touchtone phone
and a fax machine to receive any City document that is pl aced into the system.
Council Member McCaughan commented on the promising nature of the system -
that could be tailored to Downey' s needs , and asked i f there was any feedback
from other Cities currently using the system.
Mr. Will iams discussed the positive comments received from the cities of
Sunnyvale and Santa Clara.
Council Member Lawrence noted she 1
e ca 1 ed the Sunnyvale number and was
impressed with the information she could obtain, incl uding the fax back
capabilities for docents.
Council Member Boggs commented on the economic savings that would be
achieved by establishing the proposed system.
Mayor Ri 1 ey asked if there was anyone present wi shing to speak on thi s
matter.
'II
Council Minutes 5/23/95 -5-
If e = •
Mr. Lennie Whittington, 8542 Manatee St ., mentioned that after discussing
his concerns about the system with Mr. Williams , he i s not against its
establishment. He believed, however, that computers are not prey al ent in
average households, and, therefore, many people could not take advantage of the
fax capabilities .
Council Member McCaughan cl arified that access to a computer was not
necessary to receive fax transmissions from this system.
It was moved by Council Member McCaughan , seconded by Co unc i l Member
Lawrence, and unanimously carried to approve the appropriation of $23,015 from
the General Fund and approve the purchase of a Tel a -Works Automated Ci ti zen s
Information System.
AMENDMENT TO AGREEMENT BETWEEN THE FERGUSON COMPANY AND CITY OF DOWIE Y ON
BEHALF OF THE LACDA ALLIANCE
Responding to Council Member McCaughan' s request for a brief staff report,
Mr. Caton explained the combined efforts of the LACDA Alliance and Ferguson
Company have been successful in del aying the imposition of flood zone
regulations by FEMA, and noted the importance of retaining the Ferguson Company
while discussions are still ongoing regarding the extent of Downey's inclusion
in the AR Zone which will be subj ect to strict regulations. He mentioned a
change in the agreement regarding a 30 day notice of termination.
Mr. Lennie Whittington, 8542 Manatee St ., requested cl ari fication on the
different amounts of the total contract referenced in the staff report and the
agreement .
Ms . Yotsuya explained the agreement indicates the monthly installments pl us
hourly fees shall not exceed $84,000, and all other obligations of the original
agreement and any reimbursements shall not exceed $4,000, thus totall ing the
$88,000 figure referenced in the staff report .
I t was moved by Council Member Lawrence, seconded by Council Member Boggs,
and unanimously carried to approve the fourth amendment to the agreement for
consulting services between the Ferguson Company and the City of Downey, at a
cost not to exceed $88,000.
OTHER BUSINESS - COUNCIL MEMBERS
Co unc i 1 Member Br a zel ton ag reed that miscellaneous Ci ty employees deserve
pay increases, but commented on this year's limited budget and projected tight
budgets for ensuing years, noting that more revenue sources must be found to
continue providing high levels of public service.
Council Member Boggs invited the publ is to attend the Memorial Day Ceremony
at the Downey Cemetery on Monday, May 29, 1995.
Council Member Boggs mentioned the need to delete obsolete Ordinances as
new Ordinances are adopted.
Council Member Lawrence commended the involvement of City employees and
vol unteers in many recent community events, incl uding the Gas Expo at the
Energy Resource Center and KIDSDAY activi ties .
Council Minutes 5/23/95 -6-
Council Member McCaughan thanked staff for resolving the traffic problem in
the Furman Park parking lot caused by vehicles bypassing construction on Rives
Avenue.
Council Member McCaughan referenced a newspaper article regarding a
Monrovia Ordinance related to truancy and a similar Ordinance proposed in Los
Angel es, whereby traunts are cited out in Traffic Court with potential 1 oss of
driver's 1 icense p rivil eges, and requested staff review this matter for possible
development of an Ordinance in Downey.
Council Member McCaughan mentioned an Ordinance in the City of Santa Ana
regulating camping in streets and public parks, and asked staff to study the _.._...
possibility of establishing a similar Ordinance in Downey.
Council Member McCaughan expressed dismay with recent State Assembly
actions that would give the State Legislature the right to preempt local
government regulations concerning shopping carts, and suggested communicating
the City's opposition to the proposed legislation.
Council Member McCaughan commended the Pol ice Department on the recent
Child Safety Seat Checkpoint, where 110 vehicles were impounded and 232
citations were issued for non - compliance, and suggested this be done on a
routine basis .
Co unc i 1 Member McCaughan requested updated information from the City
Attorney regarding the City's enforcement rights concerning the number of people
allowed to live in a single family residence.
Council Member McCaughan noted an abandoned shopping cart at Furman Park,
and urged calling the retrieval service when carts are sighted.
Mayor Ri 1 ey commended the Fire Department on a successful "Fire Service
Recognition Day" with Open Houses at all the fire stations .
OTHER BUSINESS - Staff Members
Chief Irwin commented on the career of retired Downey Deputy Fire Chief Don --
Warren, who joined the Fire Department in 1957 and was instrumental in
structuring the Downey Fire Department.
Mr . Caton expressed appreciation to the Public Works, Police and Fire
Departments for providing necessary services for the funeral of Los Angeles
County Deputy Sheriff Stephen Blair, who was a Downey resident.
Mr. Caton acknowledged the high priority which the Council and citizens of
Downey place on City employee safety, especial 1 y in the Pol ice and Fire
Departments .
ADJOURNMENT: 10:00 p .m.
The meeting was adjourned in memory of retired Downey Deputy Fire Chief
Don Warren, and Los Angeles County Deputy Sheriff Stephen Blair, to 4:00 p .m.,
May 30, 1995, in the Council Chamber of Downey City Hall for a Budget Study
Session.
Judith E.111CDonnell , City Clerk Barbara J. Riley, Mayor
Council Minutes 5/23/95 -7-