HomeMy WebLinkAboutMinutes-02-10-98-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 10, 1998
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificates of Recognition - Landon & Aaron Wiest -
Eagle Scouts, Boy Scout Troop #406 1
1998 -99 Federal ( Community Development Block Grant &
HOME Investment Partnership Programs Receive & file 2
Council Minutes: Adjourned & Regular Meetings, 1/27/98 Approved 3
Cash Contract #601, Phase II Water Distribution Mains:
Approve extra work & accept improvements for construction
on Washburn Rd. & Regentview Av. Approved 3
Warrants Issued: 140106 - 140496, $877,100.34 Approved 3
Loan Agreement between the City & Development Commission:
Approve Operative Agreement #25 Approved 3
Public Library Fund Allocation FY 1997 -98: Accept the Public
Library Fund allocation for Downey & Santa Fe Springs City
Libraries & authorize expenditure for library information
services for the Consortium of Downey & Santa Fe Springs
Libraries Approved 3
Roof repairs at Fire Station #1: Appropriate $6,750 from the
general fund Approved 3
Res. #6143, authorizing the submittal of applications to the
California Integrated Waste Management Board for all
available grants under the California Oil Recycling Enhancement
Act & all available household hazardous waste grants for a
period of six years Adopted 3
I -5 Freeway Major Investment Study Alternatives: Concur
with the recommendation of the I -5 Joint Powers Authority &
support Alternative #3 of the study, to include a specific
mandate to convey, at no cost to the City, re the State right -of-
way property near Florence Av. Approved 5
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COUNCIL MINUTES, FEBRUARY 10, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Mike Prokop re exposure the City receives from the Downey
Rose Float entry 5
Lennie Whittington expressed gratitude to City employees
who assisted a needy family at Christmas & complimented �--.
the way City police officers treat people as they pass through
vehicle check - points 5
Cash Contract #600 - Water Transmission Mains: Award a
contract in the amount of $1,249,171 to So. Calif. Underground
Contractors Inc. & appropriate $994,171 from the Water Fund Approved 5
Assembly Bill 146 - Open Meetings, Local Agencies: Ask Contd. to 2/27/98
Assemblywoman Sally Havice to request the Senate Local Mtg. w /request to
Government Committee to delay the February 18th hearing Assemblywoman Havice 7
Cn. McCarthy re So. Calif. Assoc. of Governments (SCAG)
hearing on the regional transportation plan 8
Cn. McCaughan requested a staff report on the issue
of grading restaurants & posting the County's ratings 8
Cn. Brazelton re posting of health & safety ratings at
restaurants & asked how soon a restaurant can remedy its grade 8
Mayor Riley mentioned a donation of exercise equipment
by Kaiser Permanente to the Community /Senior Center
at Apollo Park for use by seniors & re- opening of facility
on February 28th 8
Meeting adj ourried to 6:30 p.m., February 24, 1998 8
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MINUTES OF THE CITY COUNCIL
10824
OF THE CITY OF DOWNEY
FEBRUARY 10, 1998
The City of the City of Downey held a regular meeting at 8:05 p.m., February 10,
1998, 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
Charles Vose, City Attorney
Judith McDonnell, City Clerk - Treasurer
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
Desi Alvarez, Director of Public Works
Lowell Williams, Director of Finance
Bob Brace, City Engineer
Vicki Jenkins, City Librarian
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Riley presented Certificates of Recognition to Landon and Aaron Wiest in
recognition of achieving the rank of Eagle Scout, Boy Scout Troop #406.
Mr. Caton introduced and welcomed new Public Works Director Desi Alvarez.
HEARINGS
Mayor Riley opened the public hearing on 1998 -99 FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP
PROGRAMS.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Lawrence, seconded by Council Member Brazelton, and so ordered to receive and file.
Council Minutes 2/10/98 -1
1.0825
Mr. Rangel advised that the Department of Housing and Urban Development (HUD)
established new program requirements in 1995 and combined the application process for the CDBG
program and HOME Investment Partnership programs. To receive these grants, the City is required
to provide a 5 -Year Consolidated Plan, an Action Plan each year, and develop a Public Participation
Plan. These plans were approved in Fiscal Year 1995 -96. Two public hearings are required each year
under the HUD public participation requirements. He mentioned areas the plan addresses alon g with
the primary target groups and stated that staff would like to receive public comments.
There was no correspondence received regarding this matter.
Mayor Riley asked if there was anyone who wished to speak regarding the CDBG and HOME
programs.
Kevin McDonald, Executive Director of the Association For Retarded Citizens (ARC) in
Downey, stated he felt there is an opportunity for use of these funds in the area of human services,
community facilities and low income housing to serve people in the ARC and indicated he will submit
a formal proposal.
There being no one else to speak, it was moved by Council Member McCaughan, seconded by
Council Member Lawrence, and unanimously carried to close the public hearing.
Council Member McCarthy inquired about the comments made by the public during the public
meetings and was informed there were comments supporting the activities the City is currently
undertaking, negative comments regarding the use of Section 108 loans, comments supporting the use
of funds for the first -time home buyer program, comments regarding the Community /Senior Center,
and comments asking for details about the CDBG program. It was noted there is still opportunity for
additional public comments. Council Member McCarthy asked when the application is due for
submittal and was advised May 15th. He supported the home buyers program and felt the City should
oversee Section 8ren tal program properties to see that code enforcement i maintained.
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Council Member Lawrence asked if there were requests to continue the funding for the School
District position for an at -risk juvenile counselor and, if not, requested this be considered. She noted
the report states there are less than twelve homeless people in Downey and asked for the annual
census at the Rio Hondo Temporary Home that is attributed to Downey.
It was moved by Council Member McCaughan, seconded by Council Member Brazelton, and
unanimously carried to receive and file.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and approve the Consent
Calendar as recommended:
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Council Minutes 2/10/98 -2-
10826
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 27,
1998: Approve.
CASH CONTRACT NO. 601, PHASE 11 WATER DISTRIBUTION MAINS: Approve
extra work and accept the improvements completed for the construction of 12" water
distribution mains in Washburn Road and Regentview Avenue: Approve.
WARRANTS ISSUED: NO. 140106 140496, $877,100.34: Approve.
LOAN AGREEMENT BETWEEN THE CITY AND COMMUNITY DEVELOPMENT
COMMISSION: Approve Operative Agreement #25 whereby the City loans $2,650,000 to
the Downey Community Development Commission: Approve.
PUBLIC LIBRARY FUND ALLOCATION FY 1997 -98: Accept the Public Library Fund
allocation for Downey, plus Santa Fe Springs City Library's $60,000, and authorize
expenditure for library information services for the Consortium of Downey and Santa Fe
Springs Libraries: Approve.
ROOF REPAIRS AT FIRE STATION #1: Appropriate $6 750 from the general fund for
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roof maintenance: Approve.
RESOLUTION NO. 6143 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ALL
AVAILABLE GRANTS UNDER THE CALIFORNIA OIL RECYCLING
ENHANCEMENT ACT AND ALL AVAILABLE HOUSEHOLD HAZARDOUS
WASTE GRANTS FOR A PERIOD OF SIX YEARS
ORDINANCES: None
RESOLUTIONS: None
ADMINISTRATIVE REPORTS
I -5 FREEWAY MAJOR INVESTMENT STUDY ALTERNATIVES
Ralph Webb, Executive Director of the I -5 Joint Powers Authority (JPA), reviewed the I -5
Major Investment Study and presented the recommendations that will be considered over the next few
weeks. He explained the JPA was formed in 1991 to protect the interests of the six cities involved in
the improvements of the I -5 Freeway from Buena Park to the City of Commerce. He reviewed the six
alternatives presented to the public in September 1997 and noted the agencies are attempting to reach
an agreement on one. He summarized the results of community meetings held for public input, noting
the JPA presented a proposed non - standard design alternative that received significant support and
strongly opposes an y 12 lane alternative. He commented that the various agencies involved formed a
Blue Ribbon Committee composed of the highest policy level representatives from each agency, the
Council Minutes 2/10/98 - -
1082 7
I -5 Major Investment Study Blue Ribbon Committee, with Councilman Mike Mendez of Norwalk
representing the Joint Powers Authority.
Lee Saage, Joint Powers Authority Engineer, presented the non - standard design alternative to
the Council, highlighting the principle elements, including a host of other design issues and conditions,
such as landscaping, lighting, undergrounding utilities, etc.
Ralph Webb explained the study should be completed later this Spring, after which the final
local preferred alternative will be presented to the public in another round of public meetings. The
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JPA Board of Directors will meet the last Thursday of this month to consider formal adoption of an
alternative. It is significant that the Blue Ribbon Committee is recommending only one 10 lane
alternative and its continued agreement will make it very difficult for the Federal Highway
Administration to do otherwise. He noted the very earliest this project could be underway is the year
2015. He responded to questions from the Council.
Council Member Brazelton noted the Blue Ribbon Committee's consensus on 10 lanes and felt
it was important to go ahead with the recommended JPA alternative, which still involves acquisition of
property, both residential and business, which is considerably less than the standard design.
9,-s-
Council ember Lawrenc - mentioned that Attachment B, Local Benefits, refers to « Florence
Avenue ** y_ .. a. _ • * - ` ?_' _ , 9 u t a' A tachment D, Proposed 1-5 JPA Preferred Alternative, does not
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mention this. She is pleased with the conditions being sought and the studies being encouraged on
noise and vibrations.
Council Member McCaughan felt the Council should support modified Alternative #3 and
strongly oppose the 12 lane alternative, noting Alternative #3 is the least disruptive.
Council Member McCarthy referred to Attachment C, Economics, Annual Sales Tax Loss, and
asked what the information was based on. He was informed it was prepared by one of the consultants
working for Caltrans. It was noted that only one business in Downey would be affected by Alternative
#3, which is a partial take of the east corner of the Sam's Club . ro ert
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Mr. Caton noted this acquisition is listed as a full take, in which case the tax loss would be
considerably higher.
Council Member McCarthy suggested this be clarified. He mentioned hearing about discussion
of a high speed train and was informed the plan does include a proposed high speed rail project along
with other proposals such as a truck terminal. Recommendations are being circulated regarding the
impacts of those proposals. The approach is that any project that violates the mission of the JPA, is
not in the best interest of the communities. Council Member McCarthy asked if there was an
inventory of the residential properties affected and the response was yes, based on the alternative
considered. The JPA feels the impacts can be reduced by 65 -70% using non- standard design. Council
Member McCarthy asked what authority would assume ownership of properties and was informed
Caltrans would ke the lead authority.
Council Minutes 2/10/98 -4-
108
It was moved by Council Member Lawrence, seconded by Council Member Brazelton, and
unanimousl y carried to concur with the recommendation of the I -5 Joint Powers Authority and
support Alternative #3 of the I -5 Major Investment Study, strongly opposing any 12 -lane
alternative, to include a specific mandate to convey, at no cost to the City, regarding the State
right -of -way property near Florence Avenue (referred to in Attachment B).
Prior to the vote, Mr. Saage advised that conditions specified within the JPA alternative only
reflect conditions that are not already included within the base alternative. The right -of -way issue is
already contained within Alternative 3, whereas a specific mandate to convey at no cost to the City is
not.
ORAL COMMUNICATIONS
Mike Prokop mentioned the exposure the City receives when the Downey Float appears in
the annual Tournament of Roses Parade and complimented the hundreds of volunteers who work
diligently on the float each year. He gave a brief history of float entries back to 1920 and advised that
design entries for the 1999 float are being accepted now, with final selection being made Feb. 11th and
then submitted to the Tournament of Roses for approval.
Lennie Whittington expressed his gratitude to the City employees who assisted a needy
family over the Holidays and complimented the way City Police Officers treated people as they
passed through a recent vehicle "check- point."
ADMINISTRATIVE REPORTS (CONTD.)
CASH CONTRACT NO. 600 - WATER TRANSMISSION MAINS
Mr. Alvarez explained that plans and specifications were approved in May of 1997 for the
installation of water transmission mains primarily along Telegraph Road with connections at
Paramount and Lakewood Boulevards. This is one in a series of improvement projects identified in a
1983 study to improve the overall operation of the water system by improving fire flows and pressures
under peak demand conditions in that area of the City. The low bidder was Southern California
Underground Contractors Inc. The total cost is estimated at $1,494,171, which includes the cost of
the construction plus an allowance of $245,000 for contract administration, inspection and
contingencies. Funding is available in the 1997 -98 Fiscal Budget in the amount of $500,000, with
$994,171 of available funds in the 1996 -97 Budget that would be carried over. He responded to
questions from the Council.
It was moved by Council Member McCaughan, seconded by Council Member Brazelton, and
unanimously carried to award a contract in the amount of $1,249,171 to Southern California
Underground Contractors Inc. of Brea for the construction of water transmission mains and
appropriate $994,171 from the Water Fund for this project.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: None
Council Minutes 2/10/98 -5-
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10 8 29
OTHER BUSINESS - Council Members
ASSEMBLY BILL 146 - OPEN MEETINGS, LOCAL AGENCIES
Mayor Riley indicated she will postpone main discussion on this item for two weeks, but asked
the Council if they wished to offer comments at this time.
Council Member McCaughan asked for information from the City Attorney as to how the
Council as a group might express its support for this particular bill between now and February 18th
when the Senate Committee will consider the item. He felt it was important that the Council either
express support or non - support or request the Senate to delay its hearing on the 18th until the Council
has had an opportunity to look at the bill. Also, information he has received indicates that individuals
and lobbyists for those against this bill will be in Sacramento in strength and felt the organization that
represents the people should be there to represent the people's concerns.
Council Member Brazelton supported continuing this item, noting his concern that the
proposed enactment would put the Council in the identical position legislatively as it was before the
prior amendment, that the wordage of this legislation is the same as it was before and could put the
Council back in the same situation. He suggested giving the City Attorney two weeks to examine it
and report back to the Council.
Dorothy Carfrae, 8526 Florence Avenue, referred to and submitted a letter published in the
local newspaper addressed to the Council requesting support of Assembly Bill 146 introduced by
Assemblywoman Sally Havice. She stated many community members will be going to Sacramento on
February 18th to testify in support of AB 146 because they want to see Hospital Board meetings made
public again and had hoped to carry the Council's support with them. She indicated that over 300
signatures in support of AB 146 have been gathered, with more arriving daily, which will be presented
to the Legislature.
Viet Be, 8526 Florence Avenue, mentioned receiving an analysis from the consultant for the
Senate Committee on Local Governments, of which he has submitted for Mr. Vose's consideration,
noting that AB 146 has been amended to specifically apply to the Downey Community Hospital and
would not put the Council back in the same situation they were in before. He then reviewed the
previous bill introduced by Senator Calderone and its impact on the Council's attendance at Hospital
Board meetings.
Dr. J. Elder Bryan, 7926 Third Street, said if this bill gets to the Committee on the 18th, it will
be a big step forward. If the Council has not made a decision by that time, it will be the end of the
road. He urged the Council to reconsider.
Lennie Whittington, 8542 Manatee Street, stated the Council did not attend any meetings and
did not attempt to attend any meetings when the Hospital was under the Brown Act, before the special
bill exempting them from the Brown Act. He mentioned he submitted a letter to the Hospital's
administration requesting he be notified of all regular and special called meetings in the future and
supplied stamped self - addressed envelopes but never received the notices. He felt the Havice bill
would put the Hospital under the Brown Act again and felt it would be unfair to postpone it.
Council Minutes 2/10/98 -6-
x.0830
Harold Tseklenis, 7828 Eighth Street, echoed Dr. Elder Bryan's comments and stated it was
imperative the Council show its leadership in supporting the citizen's activities to bring the Hospital
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back to the community.
It was moved by Council Member McCaughan, seconded by Mayor Riley, and unanimously
carried to request Assembly Member Sally Havice, author of the bill, to request the Senate Local
Government Committee to delay their February 18th hearing.
Dr. David Hubbel, 12113 Julius Avenue, echoed his support for Dr. Elder Bryan and stated
without the Council's support it will be very difficult to get the bill through the committee.
Council Member Lawrence said she supported asking the Senate Committee to postpone the
hearin g privileged and indicated there was information received from the meeting at the Hospital
earlier this week.
Frank Perez, 9104 Gainford Street, mentioned he had a letter signed by Alien Korneff
regarding an organization, CNMC, with a book value of $14,000, who was given a loan of
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$14,000,000, questioning how this organization qualified for a loan of that amount since it was
collateralized by global capitation company, Newco, which did not exist at that time.
Betty Ferraro, 7605 Second Street, expressed disappointment over continuing this item. She
felt, since the Hospital is not governed by the Brown Act, that the Board meetings should not be
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confidential and the Council should share the information with the community.
Dr. Arthur Harvey, 7629 E. Fourth Place, expressed regret over the Council's decision. He
said there is no way the bill will be postponed and that the citizens' group would go forward without
the Council.
Dr. Verner Waite, 5243 Vista Del Sol, Cypress, noted that the City Attorney was able to turn
the passage of Senate Bill 1504 to the City's advantage. He noted there are aspects of the bill that are
not clear but did improve with Mr. Vose's help.
Mayor Riley mentioned receiving a letter today from Assemblywoman Havice indicating the
full Senate will not be hearing this matter for some time after the February 18th meeting.
Council Member McCaughan made a motion that the Council show support of AB 146. The
motion died for lack of a second.
Council Member Brazelton advised he attended the meeting at the Hospital last Monday to
discuss working out an understanding to allow the Council to attend all sessions of the Hospital Board
and that there was no mention made of the Havice bill. The Council is concerned with all aspects of
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hospital operation. There are no commitments by the Council in any fashion with respect to the
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Hospital and he feels there is needless secrecy and the Hospital should be absolutely open with their
dealings. He stated he needs further advice from the City Attorney on this subject.
Dr. Hubbel, 12113 Julius Avenue, asked if the Council thought the public should be allowed to
attend the Hospital Board meetings.
Council Minutes 2/10/98 -7-
10831
Mayor Riley called a recess at 9:50 p.m. and reconvened the meeting at 9 :55
g p.m.
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OTHER BUSINESS - Council Members (CONTD.)
Council Member McCarthy mentioned attending the Southern California Association of
Governments (SCAG) hearing on the regional transportation p
lan and was pleased to see a
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number of Downey residents in attendance. He commented on the anticipated funding and need to
push for increased funding for this area. He mentioned there is a web site to give people an
opportunity to look at the plan and provide input.
Council Member McCaughan requested a staff report on adopting an ordinance requiring
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restaurants to post the County's health and safety ratings for their establishment. He also asked 1
for information on what the grades mean.
Council Member Brazelton added to Council Member McCaughan's comments regarding
restaurants posting health and safety ratings by the County and asked that the ordinance address
how soon a restaurant can remedy their grade.
Mayor Riley mentioned being at the Community /Senior Center at Apollo Park when Kaiser
Permanente delivered $25,000 worth of exercise equipment the donated for use by seniors o ver
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50 years of age. Kaiser will provide staff to teach people how to use it and she noted the facility will
re -open on February 28.
OTHER BUSINESS - Staff Members: None
ADJOURNMENT: 10:00 p.m.
The meeting was adjourned to 6:30 p.m., February 24, 1998, in the Council Chamber of
Downey City Hall.
4 ,
,/
or dith E. McDonnell, City Clerk Barbara J. L - jy � y •
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Council Minutes 2/10/98 -8-