HomeMy WebLinkAboutMinutes - 04-09-96 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 9, 1996
TABLE OF MINUTE ACTIONS
SUBJEC T ACTION PAGE NO.
Presentation of Citizen Distinguished Service Awards to
City employees Paul Dunlap, Homer Ellison & William
"Cap" Sweet 1
Proclamation re National Child Abuse Prevention Month 1
Proclamation re National Library Week 2
Proclamation re National Arbor Day 2
1996 -97 Consolidated Plan for Federal No action required;
Community Planning & Development Programs Report filed 2
Ord. #1018, extending a moratorium on adult uses &
exceptions as to adult uses within the City of Downey Adopted 3
Council Minutes: Adj. & Regular Meetings, 3/26/96 Approved 3
Warrants Issued: 119849 - 120260 Approved 3
Agreement between City and So. Calif. Assoc. of
Governments (SCAG) to participate in the access project:
Authorize City Mgr. to execute the agreement Approved 3
Urban Water Management Plan Set Hearing 4/23/96 3
Appeal, Modified Conditional Use Permit #96 -06, 9258
Orizaba Av. (Applicant, Ana Nunez) Set Hearing 4/23/96 4
Res. #5940, supporting the Adoption of the Los Angeles River Adopted
Master Plan 4
Res. #5941, approving adoption of Calif. Public Employees
Deferred Compensation Plan Adopted 4
Ord. #1017, amending DMC re juvenile truancy Adopted 4
Ord. approving amend. of Facility Lease in connection with
refinancing of 1986 Certificates of Participation relating to
Civic Center project Introduced 4
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COUNCIL MINUTES, APRIL 9, 1996
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Fred James extended invitation to Mayor McCaughan to
attend Downey Seniors Club 40th Anniversary luncheon
4/22/96 & request for sidewalks on Suva St. from Paramount
B 1. to Tweedy Ln. 5
Consideration of Franchise Agreement for Residential &
Commercial Solid Waste Collection: Direct staff to draft
an Ordinance & Solid Waste Franchise Agreement with Calsan Approved 7
Res. #5942, ordering Submission to the Qualified Electors of
the City of Downey a proposed Charter Amendment relating
to Council Members' Terms of Office at the General Municipal
Election Nov. 5, 1996 Adopted 8
Res. #5943, requesting the Board of Supervisors of the County
of L.A. to approve inclusion of an additional Downey City
Charter Amendment in the Downey General Municipal Election
consolidated with the Statewide General Election, Nov. 5, 1996 Adopted 9
Res. #5944, setting Priorities for filing a Written Argument
regarding a proposed City Charter Measure and directing the City
Attorney to prepare an Impartial Analysis Adopted 9
Cn. Lawrence referenced the proclamation given to the Community
Guidance Center & noted the Exchange Club Family Support
Center located in Downey 9
Cn. Boggs re request for Staff to review previous requests 9
Mr. Caton re Home Depot's plans are in plan check & project
is moving along 10
Adjournment in memory of retired Downey Police Officer,
Steve Monroe 10
Meeting adjourned to 6:30 p.m., April 23, 1996 10
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 9, 1996
The City Council of the City of Downey held a regular meeting at 7:37 p.m., April 9,
1996, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan presiding.
PRESENT: Commissioners:
Gary P. McCaughan, M.D. Mayor
Joyce L. Lawrence Mayor Pro -Tem
Diane P. Boggs
Barbara J. Riley
Robert S. Brazelton
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
Ron Irwin, Fire 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
Alta Duke, Manager of Social Services
Vicki Jenkins, Librarian
Greg Mayfield, Water Superintendent
Ed Velasco, Manager of Housing
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Police Chief Caldwell presented Citizen Distinguished Service Awards to City
employees Paul Dunlap, Homer Ellison and William "Cap" Sweet, noting these three gentlemen
prevented a rape from occurring and assisted the police department in apprehending the suspect.
The victim commented during her interview that nothing would have prevented the rape if these
gentlemen had not assisted.
Mayor McCaughan presented to Patricia Kent, Director of Community Relations of the
Community Family Guidance Center, a Proclamation declaring the month of April, 1996, as
National Child Abuse Prevention Month.
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Mayor McCaughan presented to Art Ochoa, Chairman of the Downey Library Advisory
Board, and Helen Griffin, President of the Friends of the Downey City Library, a Proclamation
declaring the week of April 14 - 20, 1996, as National Library Week.
Mayor McCaughan presented to Shirley Bennett, Superintendent of Physical Services, a
Proclamation declaring every day during the month of April, 1996, as National Arbor Day.
HEARINGS:
II
Mayor McCaughan opened the public hearing on 1996 - 97 Consolidated Plan For
Federal Community Planning & Development Programs.
Ms. McDonnell affirmed the Proof of Publication. It was so ordered by Mayor
McCaughan to receive and file.
Mr. Rangel explained the Department of Housing and Urban Development established
new program requirements which effected both the Community Development Block Grant and
the Home Investment Partnership Grant programs. These new regulations required the City to
prepare a five year consolidated plan and a one year action plan. These plans were approved in
May 1995 and staff is currently preparing the application and one -year Action Plan for the 1996-
97 allocation of CDBG and Home funds. This process requires a public hearing be held and at the
Council Meeting of May 28 staff will present a report on the proposed consolidated application.
Mayor McCaughan inquired if the City Clerk had received any correspondence, and the
response was no.
There being no one present to speak in favor or opposition, it was moved by Council
Member Boggs, seconded by Council Member Lawrence, and so ordered to close the hearing.
Mayor McCaughan complimented the staff report for its content on demographics,
housing patterns, and income levels and stated when the report is brought back in May, he would
like to see how this dovetails with the neighborhood preservation program and programs that
might be developed with the School District.
Mayor McCaughan noted no action is required by the Council at this time. The report
was received and filed.
Mayor McCaughan 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 the Proof of Publication.
It was moved by Council Member Boggs, seconded by Council Member Lawrence, and so
ordered to receive and file.
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Mr. Yoshiki explained this request is to extend an existing moratorium for a period of
twelve months, in accordance with Government Code Section 65858. He advised there have been
a number of U. S. Supreme Court decisions on this subject which has caused cities to reexamine
their ordinances. Staff has collected information from sixteen other cities and the City Attorney
has provided information regarding recent court decisions relating to adult businesses in an effort
to insure that the City's ordinance is not challengeable. Staff recommends the ordinance be
adopted extending the existing moratorium from April 24, 1996 to April 24, 1997.
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Mayor McCaughan inquired if the City Clerk had received any correspondence, and the
response was no.
There being no one present to speak in favor or opposition, it was moved by Council
Member Riley, seconded by Council Member Boggs, and so ordered to close the hearing.
ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, EXTENDING FOR A PERIOD OF TWELVE MONTHS 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 DOWNEY, DECLARING
THE URGENCY THEREOF, AND FOR OTHER PURPOSES
The Urgency Ordinance was read in its entirety.
It was moved by Council Member Riley, seconded by Council Member Boggs, and
unanimously carried to waive further reading and adopt.
CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member Boggs, and
unanimously carried to waive further reading of the Resolutions and approve the Consent
Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS OF
MARCH 26, 1996: Approve.
WARRANTS ISSUED: NO. 119849 - 120260: $758,447.06: Approve.
AGREEMENT BETWEEN CITY AND SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) TO PARTICIPATE IN THE
ACCESS PROJECT: Authorize the City Manager to execute the agreement: Approve.
URBAN WATER MANAGEMENT PLAN: Set the public hearing for 7:30 p.m., April
23, 1996, in the Council Chamber of Downey City Hall: Approve.
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APPEAL, MODIFIED CONDITIONAL USE PERMIT #96 -06, 9258 ORIZABA
AVENUE (APPLICANT, ANA NUNEZ): Set the public hearing for 7:30 p.m., April
23, 1996, in the Council Chamber of Downey City Hall: Approve.
RESOLUTION NO. 5940 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING THE ADOPTION OF THE LOS ANGELES RIVER MASTER PLAN
RESOLUTION NO. 5941 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, APPROVING ADOPTION OF CALIFORNIA PUBLIC
EMPLOYEES DEFERRED COMPENSATION PLAN
ORDINANCES
ORDINANCE NO. 1017
AN ORDINANCE OF THE CITY OF DOWNEY, CALIFORNIA, AMENDING
THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 4109.5,
4109.6 AND 4109.7 RELATING TO JUVENILE TRUANCY
Chief Caldwell explained this is the second reading of an ordinance that would allow the
police department to cite any minor under the age of eighteen who is absent from school without
a valid excuse and to impose sanctions against the minor and his/her parent or guardian.
The Ordinance was read by title only. It was moved by Council Member Boggs, seconded
by Council Member Brazelton, and unanimously carried to waive further reading and adopt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AMENDMENT OF FACILITY LEASE IN CONNECTION
WITH REFINANCING OF 1986 CERTIFICATES OF PARTICIPATION
RELATING TO CIVIC CENTER PROJECT, AND APPROVING DOCUMENTS
AND ACTIONS RELATING TO THE SALE OF NOT TO EXCEED
$14,000,000 REFUNDING CERTIFICATES OF PARTICIPATION
Mr. Powell noted in February, the City Council approved the appointment of Stone &
Youngberg as underwriter, and Jones Hall Hill & White as bond counsel to assist the City in
refinancing the Civic Center debt. Since then, the basic legal documents have been developed,
which would be approved through the adoption of an Ordinance. He advised the purpose of the
refinancing is to reduce the cost of the existing debt on the Civic Center, and the net savings are
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estimated at approximately $84,000 per year. The debt will still be paid off in the year 2009, but
the annual payments will be lower. Mr. Powell explained the proposed Ordinance approves four
basic documents: The Second Amended and Restated Lease Agreement; the Trust Agreement; the
Escrow Deposit and Trust Agreement; and the Official Statement. The Ordinance also places
three restrictions on the new Civic Center debt: It caps the Underwriter's Discount at 1% of the
new Civic Center debt; it caps the interest rate for the new debt at 6.5 %; and it places a minimum
savings for the refinancing program of $50,000 per year after issuance costs are accounted for.
Mr. Powell again emphasized the term of the issue will not be lengthened.
Mayor McCaughan noted the anticipated savings as a result of the refinancing and referred
to the document entitled Sources and Uses of Funds showing a total of $285,000 under Delivery
Date Expenses. He asked if this amount would be added to what the City owes and was informed
by Mr. Powell that the calculated savings are net after all costs involved with the refinancing.
In further explanation, Mr. Harrington of Jones Hall Hill & White said the size of the new
bond issue will be slightly larger than the outstanding amount of the current bonds because of the
cost of issuance that has to be paid. The payments on the new bond Certificates of Participation
will be a least $50,000 less than the payment on the old bond. It is termed "net- net."
Mr. Caton pointed out that if the savings are less than $50,000 the City will not proceed
with the refinancing.
The Ordinance was read by title only. It was moved by Council Member Brazelton,
seconded by Council Member Riley and unanimously carried to waive further reading and
introduce.
RESOLUTIONS: None
ORAL COMMUNICATIONS
Mr. Fred James, 9360 Samoline Avenue, Vice President of the Downey Seniors
Recreation Club, invited Mayor McCaughan to the Club's 40th Anniversary celebration at noon
on April 22, 1996. Mayor McCaughan noted he would check his schedule and respond. Mr.
James also referred to Mayor McCaughan's remarks at the previous Council meeting regarding
the parking situation on 7th Street between Paramount Boulevard and Downey Avenue and
the dangerous situation it creates for kids walking to and from school. He then requested the
Council consider installation of sidewalks on Suva Street from Paramount Boulevard to
Tweedy Lane because of the traffic in this area when kids are walking to and from Maude Price
and Griffith schools. It is a dangerous situation and sidewalks are needed.
Mayor McCaughan advised he would refer the request to the Director of Public Works
and Mr. Caton noted the petition process is also available.
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ADMINISTRATIVE REPORTS
CONSIDERATION OF FRANCHISE AGREEMENT FOR RESIDENTIAL AND
COMMERCIAL SOLID WASTE COLLECTION
Mr. Powell discussed the study session that was held on March 12, 1996 and the Calsan
proposal submitted with three options presented. The Council indicated its preference for the
three can automated program with an exclusive commercial franchise agreement for Calsan.
Council raised several concerns and staff has met with Calsan again to review these concerns, and
developed some concepts with Calsan for the new program. If Council agrees, staff will develop
new residential and commercial franchise agreements and a new ordinance authorizing those
agreements. Council expressed concern about providing services in special circumstances in
residential areas, and Calsan has developed a document that addresses that issue, which allows for
extra containers for green waste based on the size of residential lots at no additional charge to the
resident - -the franchise agreement would take into account special circumstances for residential
trash collection.
The meeting was recessed at 8:55 p. m. to allow Calsan time to set up a slide presentation.
The meeting reconvened at 8:57 p.m. with all Council Members present.
Mr. Jeff Duhamil, General Manager of Calsan 9821 Downey/Norwalk Road, narrated a
slide presentation regarding Calsan's proposal for a ten -year residential/commercial exclusive
franchise, including construction of a MRF facility. The slides depicted the containers to be used,
the automated equipment and the MRF facility. He noted there would be three containers per
residence; blue for recyclables, green for green waste and gray for residual waste. Additional
containers would be provided, free of charge, for larger lots. He advised the commercial solid
waste collection would start January 1, 1997 as the existing contracts do not expire until
December 31, 1996. Calsan has also agreed to provide free bulky item pick up service and to
allow street sweepers to dump Downey street sweeping waste at the Calsan maintenance facility,
both of which will reduce City costs. Mr. Duhamil advised that last year, Calsan and other City
haulers were given a directive by the City Council to comply with AB939, solid waste reduction
requirement, and they have guaranteed compliance.
Ron Kolar, 7914 E. 7th Street, commended the Council and Calsan for the outstanding
concept and complimented Calsan for creating a program that should benefit the City and make it
more attractive for the homeowners as well.
Ed Di Loreto, 7333 Rio Flora Place, offered his support of the proposal and noted Mr.
Adnoff has been a great asset to Downey.
Lennie Whittington, 8542 Manatee, mentioned the 2- barrel system in other cities; one for
recyclables and the other for remaining trash. He said many people don't have large lots and
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would onl y need two barrels. He then noted Orange County is considering selling its landfills and
questioned if this occurs, whether Calsan's agreement for use of the Orange County facility would
be transferrable.
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Council Member Boggs said if citizens did not need a green waste container, this should
not be a problem. Also, Calsan's arrangement for use of the Orange County landfill should not be
impacted by the sale of their facilities.
Mr. Mike Adnoff, Vice President of Calsan, stated he is aware of current negotiations in
Orange County, but advised the agreement is fully transferable should this happen. When asked
if this would invalidate the current agreement with the county, he responded it would not.
Council Member Brazelton asked if the City has looked at Calsan's financial statement.
Mr. Powell replied the City has not done so recently but it could be inserted into the contract that
Calsan's equity has to remain at a certain level and they should submit audited statements.
Council Member Brazelton suggested adding a condition to the franchise stating that the
MRF be constructed within a certain time frame, which Mr. Caton indicated staff would discuss
with Calsan. Council Member Brazelton also indicated there may be a need for a rate structure.
It was moved by Council Member Boggs, seconded by Council Member Lawrence and
unanimously carried to direct staff to draft an Ordinance and Solid Waste Franchise
Agreement with Calsan for residential and commercial solid waste collection.
Prior to the vote, Council Member Boggs expressed reservation about the 10 year
comntment as it restricts Councils in the future but favored going forward with this. However
she did ask for further research on the 10 year commitment.
Council Member Lawrence felt the presentation was thorough and asked that the concerns
of Council Members Brazelton and Boggs be researched. She also requested that a copy of any
further reports, recommendations and supporting documents be given to the Downey Chamber of
Commerce, as their board has indicated an interest in this.
PROPOSED RESOLUTIONS ADDING A CHARTER MEASURE TO THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1996,
RELATING TO COUNCIL MEMBERS' TERMS OF OFFICE
Ms. McDonnell indicated that presented to Council for their consideration is a proposed
amendment to Charter Section 500.1 pertaining to City Council Terms of Office. If approved by
the voters, the proposed wording of the Charter Amendment would allow a Council Member
having served two full consecutive terms to remain off the Council a minimum of four years
before running for Council office again. If it is Council's decision to place this Charter
Amendment as a Measure on the November 5, 1996 ballot, there are three Resolutions that
should be adopted.
Council Member Boggs referred to correspondence from Mr. Joel Lubin suggesting
clarification of wording since it can be interpreted to prohibit a former Council Member from
filing for another term of office after sitting out a term because the four -year gap in service may
not have been completed prior to the time of filing nomination papers.
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Mayor McCaughan suggested deleting "minimum of four years" and replacing with "for a
full term."
Council Member Lawrence clarified this will be a separate measure on the ballot.
Council Member Brazelton noted he favors this and feels incumbents will stay more
focused if they realize a former incumbent wants to come back.
Council Member Riley expressed concern indicating the voters have already approved
term limits. She questioned the cost involved.
Council Member Lawrence stated it became clear at the last vote on this issue that the
people of Downey viewed term limits as one way to reform government or make it more
responsive. This measure would leave the window open for someone to be voted back on the
Council if the public wants them.
Council Member Boggs feels it is counterproductive not to allow a former Council
Member to take time off and run again and this would give the people a choice. She hoped
having this on the ballot would not be controversial and take the focus off Charter Amendment
Number 10.
Ed Di Loreto, 7333 Rio Flora Place, expressed dismay that the City would go against the
will of the people who have voted more than two to one for term limits.
Council Member Lawrence responded by saying that placing an alternative on the ballot is
giving the people one more option.
The Council Members concurred that in the proposed Charter Amendment, Section 500.1,
LIMITATION OF TERM, the words "for a minimum of four years" will be replaced with "for a
full term."
RESOLUTION NO. 5942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY OF DOWNEY A PROPOSED CHARTER AMENDMENT RELATING TO
COUNCIL MEMBERS' TERMS OF OFFICE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996,
AS CALLED BY RESOLUTION NO. 5935
The Resolution was read by title only. It was moved by Council Member Brazelton,
seconded by Council Member Boggs, and carried by the following vote to waive further
reading and adopt.
AYES: 4 Council Members: Boggs, Lawrence, Brazelton, McCaughan
NOES: 1 Council Members: Riley
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RESOLUTION NO. 5943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO APPROVE THE INCLUSION OF AN ADDITIONAL DOWNEY
CITY CHARTER AMENDMENT IN THE DOWNEY GENERAL MUNICIPAL
ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 5, 1996, PURSUANT TO SECTION 10400 ET
SEQ. OF THE CALIFORNIA ELECTIONS CODE
The Resolution was read by title only. It was moved by Council Member Lawrence,
seconded by Council Member Brazelton, and carried by the following vote to waive further
reading and adopt.
AYES: 4 Council Members: Boggs, Lawrence, Brazelton, McCaughan
NOES: 1 Council Members: Riley
RESOLUTION NO. 5944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT
REGARDING A PROPOSED CITY CHARTER MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
Council Member Brazelton was designated as the Council Member to write the argument
in favor. The Resolution was read by title only. It was moved by Council Member Lawrence,
seconded by Council Member Boggs, and carried by the following vote to waive further reading
and adopt.
AYES: 4 Council Members: Boggs, Lawrence, Brazelton, McCaughan
NOES: 1 Council Members: Riley
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: None
OTHER BUSINESS - Council Members
Council Member Lawrence referenced the proclamation given to the Community
Guidance Center regarding Child Abuse Prevention Month and noted the Exchange Club Family
Support Center located in Downey.
Council Member Boggs requested that staff review her previous requests from past
meetings and update them.
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OTHER BUSINESS - Staff Members
Mr. Caton announced Home Depot's plans are in plan check and the project is moving
along very well.
The meeting recessed at 10:02 p.m. and reconvened at 11:07 p.m. with all Council
Members present.
ADJOURNMENT: 11:07 p.m.
The meeting was adjourned in memory of retired Downey Police Officer, Steve
Monroe, to 6:30 p.m., April 23, 1996, in the Council Chamber of Downey City Hall.
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