HomeMy WebLinkAboutMinutes - 02-13-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 13, 1996
TABLE OF MINUTE ACTIONS
SUBJECT ACTION ;WAGE NO.
Removal of Items from Consent Calendar 1
Council Minutes: Adj. & Regular Meetings, 1/23/96 Approved 2
Warrants Issued: #117844 - 118504 Approved 2
Joint Public Hearing with Community Dev. Comm. Hearing Set 3/12/96 2
Trade Proposition A funds with City of Santa Fe Springs Approved 2
Res. #5928, approving final Subdivision Map of Parcel Adopted 2
Map No. 24289 - 13059 Clark Avenue
Ord. Adopting a New Chapter 11 of Article IV of the DMC Hearing Set 2/27/96 2
Adopting by reference the L.A. Cnty. Code Title 11. , 1988
Edition as Health Code of the City of Downey
Res. Establishing Water Rates for the City of Downey and Failed 3
rescinding Res. #5871
Pub. Mtg. DIP #734 - Sidewalk - North Side of Cheyenne Received & Filed 4
St. between Downey Av. & Dolan Av.
Award Citywide Tree Trimming /Maint. Contract to Approved 4
West Coast Arborists, Inc.
Refer appeal of Jorge A. Rodriguez (Costa Brava Restaurant) Approved 5
to Hearing Officer pursuant to DMC Section 6404
Selection of Law Firm for Personnel /Labor Relations Matters Approved 5
Cn. Boggs re review of bus stop shelters 5
Cn. Boggs re Community /Senior Center improvements 5
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COUNCIL MINUTES, FEBRUARY 13, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Boggs re substandard size lots in the Golden Park area
Cn. Boggs re update on daytime curfew ordinance
Cn. Boggs re Staff letter to SEAACA re improvements 6
Cn. Riley re City's 40th Anniversary Celebration 6
Mayor McCaughan re daytime truancy within City's
boundaries
Mayor McCaughan re policy identifying needs in City's
neighborhoods
Mayor McCaughan re Councils attendance at Independent
Cities Association seminar
Mayor McCaughan re recent DARE Celebration
Mr. Caton noted City's appreciation of members of the Press
who attend Council Meetings
Mr. Caton discussed new developments occurring in the City 6
Mr. Caton reported on LACDA project 6
Meeting adjourned to 6:30 p.m., February 27, 1996 7
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 13, 1996
The City Council of the City of Downey held a regular meeting at 7:35 p.m., February 13,
1996, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan presiding.
PRESENT: Council Members:
,.._, Gary P. McCaughan Mayor
Joyce L. Lawrence Mayor Pro -Tem
Diane P. Boggs
Barbara J. Riley
ABSENT: Robert S. Brazelton (excused)
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl Kane, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Art Rangel, Director of Economic & Community Development
Richard Redmayne, Director of Public Works
Lowell Williams, Director of Finance
Shirley Bennett, Superintendent of Physical Services
Bob Brace, City Engineer
Robert Gallagher, Building Official
Bonnie Kehoe, Community Services
Jeff Turner, Battalion Chief
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Ed Velasco, Manager of Housing
Shirley Conte, Executive Secretary
PRESENTATIONS: None
HEARINGS: None
CONSENT CALENDAR - ITEMS FOR REMOVAL:
Agenda Item VI -E -1, REFER APPEAL OF JORGE RODRIGUEZ (COSTA BRAVA
RESTAURANT) TO HEARING OFFICER RE DENIAL OF POLICE PERMIT was removed
from the Consent Calendar at the request of Oscar Rimola and Jorge Rodriguez.
Agenda Item VI -E -4, SELECTION OF LAW FIRM FOR PERSONNEL/LABOR
RELATIONS MATTERS: APPROVE CONTRACT WITH LIEBERT, CASSIDY AND
FRIERSON, was removed from the Consent Calendar at the request of Council Member Boggs.
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CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member Boggs, and
unanimously carried (4 -0) to waive further reading of the Resolution and approve the remainder
of the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS OF
JANUARY 23, 1996: Approve.
WARRANTS ISSUED: NO. 117844 - 118504, $1,649,068.71: Approve.
JOINT PUBLIC HEARING WITH COMMUNITY DEVELOPMENT
COMMISSION FOR AFFORDABLE HOUSING AGREEMENT AMENDMENT
RE PROPERTY LOCATED AT 11027 LE FLOSS AVENUE: Set joint public hearing
7:30 March 12, 1996 in the Council Chamber of Downey City for 7.30 p.m., Marc Y Y Hall.
TRADE PROPOSITION A FUNDS WITH THE CITY OF SANTA FE SPRINGS
involving $50,000 of Proposition A funds in exchange for $30,000 in General Fund Revenue
and authorize all necessary documents to be processed. Approve.
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RESOLUTION NO. 5928 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP
OF PARCEL MAP NO. 24289 (13059 CLARK AVENUE)
APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND
ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT AS SURETY
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A NEW CHAPTER 11 OF ARTICLE IV (PUBLIC WELFARE
MORALS AND POLICY) OF THE DOWNEY MUNICIPAL CODE
ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE
TITLE 11 (HEALTH AND SAFETY), 1988 EDITION
AS HEALTH CODE OF THE CITY OF DOWNEY
Mr. Rangel explained a public hearing is requested to consider the proposal to move the
Health Code from Building Regulations to a new section, Chapter 11, of the Municipal Code.
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded
by Council Member Lawrence, and unanimously carried (4 -0) to waive further reading, introduce
the Ordinance, and set the hearing for 7:30 p.m., February 27, 1996, in the Council Chamber
of the Downey City Hall.
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RESOLUTIONS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING WATER RATES FOR THE CITY OF DOWNEY
AND RESCINDING RESOLUTION NO. 5871
Mr. Powell year reported each Staff prepares a financial analysis of the operation of the City
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Water Fund and based on this y
ear's analysis it is recommended that a 1.58% adjustment be made
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in the water rates. This adjustment is based on the fact that it is anticipated expenditures this year
will exceed estimated revenues by $124,000 and a water rate adjustment would eliminate this
revenue g proposed a p p p . He noted that in the osed Resolution, the effective date should read March 1, 1996
instead of February 1.
Mr. Powell also mentioned this went before the Water Advisory Board and they voted 3 -2
to recommend that no rate adjustment be processed this year, with the most common reason being
they did not feel the figures represented an adequate need to justify a rate adjustment.
Council Member Boggs asked if Downey would be receiving a refund from the Water
Replenishment District due to inaccurate meters and Mr. Powell advised a problem was found with
some meters and an adjustment has been built into the calculations.
Council Member Boggs noted she would like to review the Water Board's meeting minutes.
The Resolution was read by title only. It was moved by Council Member Riley and seconded
by Council Member Boggs, to waive further reading and adopt. The vote was:
AYES: 2 Council Members: Riley and McCaughan
NOES: 2 Council Members: Boggs and Lawrence
ABSENT: 1 Council Member: Brazelton
FAILED
ADMINISTRATIVE REPORTS
Mayor McCaughan open the public meeting on DOWNEY IMPROVEMENT PROJECT
734 - SIDEWALK - NORTH SIDE OF CHEYENNE STREET BETWEEN DOWNEY
AVENUE AND DOLAN AVENUE.
Ms. McDonnell affirmed the Affidavit of Posting of Notice and Mailing. It was so ordered
by the Mayor to receive and file the affidavit.
Mr. Redmayne advised this item was brought up at the last Council meeting and by law a
public meeting must be held and then a subsequent public hearing.
Mayor McCaughan announced the time for public comments and asked if anyone wished to
speak.
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Mr. Buford Hite, 8343 Cheyenne Street, stated he objected to the sidewalk project and has
submitted a letter with other documents. He then submitted a plot plan of his property for Council
review including a street light and a hedge that serves as a buffer for noise and helps to keep the
children from the nursery next door from playing on his lawn. He stated he has no objection to the
other residents having the sidewalks and asked if there would be a follow up meeting on this subject.
He was informed there would be a Public Hearing.
Mr. Ken Beckner, 8342 Cheyenne Street, noted his side of the street has sidewalks and feels
the addition of sidewalks in front of the other six houses would enhance the properties and bring
the street into conformance.
There being no one else wishing to speak, Mayor McCaughan announced the conclusion of
the public meeting.
It was moved by Council Member Boggs, seconded by Council Member Lawrence, and
unanimously carried (4-0) to r eceive and file the report. Y
AWARD CITYWIDE TREE TRIMMING /MAINTENANCE CONTRACT TO
WEST COAST ARBORISTS, INC.
Mr. Redmayne reported on the proposal to enter into a three -year agreement with West Coast
Aborists, Inc. in an amount not to exceed $120 000 from the Lighting and Landscaping District
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(Zone L) per year. He then went on to explain that at the suggestion of Shirley Bennett, new
Superintendent of Physical Services, it is proposed to piggyback on existing contracts other cities
have already initiated, thereby allowing Downey to expand its resources and increase the number
of trees trimmed from 1047 to 3846. This has been reviewed by the City Attorney.
Council Member Boggs questioned not following the normal bidding process and expressed
concern that it does not allow others the opportunity to bid.
Mr. Caton explained in effect the other cities have done the bidding process for Downey and
this is not the first time the City has used this process.
It was moved by Council Member Riley, seconded by Council Member Boggs, and
unanimously carried (4 -0) to award Citywide Tree Trimming/Maintenance Contract to West
Coast Arborists, Inc.
ORAL COMMUNICATIONS: None
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
REFER APPEAL OF JORGE A. RODRIGUEZ (COSTA BRAVA RESTAURANT)
TO HEARING OFFICER PURSUANT TO DOWNEY MMUNICIPAL CODE SECTION 6404.
Mrs. Yotsuya reported on revocation of an entertainment permit by the Police Chief which
was subsequently appealed by the applicant. The Downey Municipal Code allows the City Council
to decide whether to hear the appeal or have a Hearing Officer appointed by the City Manager hear
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the appeal. After receiving the case, the Hearing Officer shall set a date to hear the appeal.
Mayor McCaughan asked for any public comments at this time.
Mr. Oscar Rimola advised that Costa Brava provides entertainment services and this incident
occurred during an extremely popular sporting event in the Latino community. The event generated
a larger turnout than anticipated and created difficulty during the evacuation process when the police
officers arrived. He does not feel, however, that this was a life threatening situation and he noted
attempts to resolve the situation calmly with the police department's help. He asked that the Council
give Costa Brava the opportunity to continue to do business at this location.
Mr. Jorge Rodriguez advised Council he does not feel there were any life threatening
situations on the night in question and the money for the sporting event was returned to the
customers. He asked that they be allowed to continue doing business at the Costa Brava Restaurant.
Mayor McCaughan advised that the question before Council is whether to refer the matter
to a hearing officer.
It was moved by Council Member Boggs, seconded by Council Member Lawrence, and
unanimously carried (4 -0) to refer the appeal of Jorge A. Rodriguez (Costa Brava Restaurant)
to a Hearing Officer in accordance with Downey Municipal Code Section 6404.
SELECTION OF LAW FIRM FOR PERSONNEL/LABOR RELATIONS MATTERS
Council Member Boggs suggested inserting in the agreement a limit on the number of hot, ± s
involved.
Mr. Caton explained the number of hours would be controlled through the budget process,
while Mr. Powell noted the control factor is based on employee termination and if there are i o
terminations, the number of hours is dramatically reduced. The control factor is the budget and the
--�- City Manager's office.
It was moved by Council Member Boggs, seconded by Council Member Lawrence, and
unanimously carried (4 -0) to authorize the City Manager to execute the agreement for special
services between the City and the law firm of Liebert, Cassidy and Frierson.
OTHER BUSINESS - Council Members:
REVIEW OF BUS STOP SHELTERS
Council Member Boggs expressed her concern about the status of bus stop shelters in the
City, noting one location where there is a row of seven benches being used for advertising. She
requested a recommendation from Staff.
Council Member Boggs referred to the Community /Senior Center and stated she would like
to see some physical improvements in the near future.
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Council Member Boggs asked for an update on the substandard sized lots in the Golden
Park area.
Council Member Boggs also requested an update on the daytime curfew ordinance which
should help with the truancy problems.
Council Member Boggs asked staff to draft a letter to SEAACA outlining the City's position
on proposed financing of improvements at the SEAACA facility.
Mr. Caton advised a letter was sent out today and he will send a copy to Mr. Morrison.
Council Member Riley requested the Mayor's concurrence to work with Council Member
Lawrence on the City's 40th Anniversary celebration. The Second Century Foundation is making
plans for the event and there is a need to formulate some direction and budgeting and then report
to the Council at its next meeting. It is suggested the official commencement could be the street
faire with the anniversary celebration held on December 17th. Mayor McCaughan offered his
concurrence.
Mayor McCaughan referred to the daytime truancy and mentioned the County Board of
Supervisors recently passed an Anti- Truancy Ordinance. He asked that the Police Chief A cview this
and to strengthen it within the City's boundaries.
Mayor McCaughan expressed the need to establish a policy identifying necds in the
neighborhoods and hoped this could be taken into consideration during budget considerations,
Mayor McCaughan advised that some of the Council Members would be up attending 1,1e
Independent Cities Association seminar this week.
Mayor McCaughan then commented on the recent DARE celebration, events of which were
highlighted by Council Members Lawrence and Boggs.
OTHER BUSINESS - Staff Members
Mr. Caton noted the City's appreciation of members of the press who attend Coui ail
meetings.
Mr. Caton discussed the new developments occurring in the City with the new Ralphs and
Horne Depot and other small projects. Also, there is good news on the Rockwell site. NASA has
sent a letter to Congress to turn this facility back into something productive.
Mr. Caton gave an update on the LACDA project and hoped to hear something in the 'k at
week.
ORAL COMMUNICATIONS: None
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ADJOURNMENT: 8:26 p.m.
The meeting was adjourned in memory of William Irwin, father of Fire Chief Ron
Irwin; Caesar Mattei, Downey Music Man; and Gilbert Karnopp, former Newspaper
Publisher with the Southeast News, to 6:30 p.m., February 27, 1996, in the Council Chamber of
Downey City Hall.
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Judith E. McDonnell, Ci ty Clerk Gary P. Mc f aughan, Mayor
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