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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 24, 1998
TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Presentation by State Assemblywoman Sally Havice to
Mayor Riley of a check towards the completion of the Downey
Transit Center 1
Assembly Bill 146 - Open Meetings: Local Agencies: Approve
support of the bill by State Assembly-woman Sally Havice Approved 3
Council Minutes: Adjourned Regular Meeting, 2/10/98; Regular
Meeting 2/10/98 as corrected; & Special Called Meeting 2/18/98 Approved
Warrants Issued: 140497 - 141035, $1,514,997.25 Approved 4
Traffic Signal Modification Stewart & Gray Rd./Woodruff
Av.: Approve plans & specs. for the modification & authorize
staff to proceed with the project Approved 4
Local Government/AB2766 City Subvention Match Program:
Authorize the execution of an agreement & application between
the City & So. Coast Air Quality Management District
participating in the AB 2766/MSRC LOCAL GOVERNMENT
SUBVENTION FUND MATCH PROGRAM, for the lease of
an electric vehicle for the Building & Safety Div. Approved 4
Unscheduled Furnace Replacement: Approve funds to replace
three furnaces at the Apollo Center Approved 4
Computer Consultant Agreement: Direct the City Manager to
enter into an Agreement with Victor Lising to perform as
Computer Consultant to the Downey Police Dept. Approved 4
Comprehensive Annual Financial Report for Fiscal Year ended
June 30, 1997 Rec. & File 4
Refer Appeal of Rosa Medina (La Alicia Bar) to a hearing
officer pursuant to Downey Municipal Code Section 6404 Approve 4
PAGE 1 OF 3
COUNCIL MINUTES, FEBRUARY 24, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
$UBJECT ACTION PAGE NO.
Res. #6144, approving the rea ointment of James Gillespie,
PP P
L. A. County- Downey Regional Public Recreation Area
Commission (Golf Course Authority), Dist. 4 Adopted 4
Res. #6145, consenting to the establishment of Paramount
Bl. within said City as a part of the system of highways of
the County of L. A. Adopted 5
Res. #6146, designating Birchdale Av. & Everest St. an
all-way stop intersection Adopted 5
Contract For Special Legal Services: Direct staff to draft
a legal service agreement with special counsel Kathleen
• Drummy of Musick, Peeler & Garrett in accordance with
normal City contract procedures & the Engagement letter Approved 5
Steve Strowski read a statement lodging a complaint against
the City Prosecutor 6
Bob Winningham invited the Council to attend Northwest
Downey Little League's opening ceremony & pancake
breakfast March 7th 6
Lennie Whittington mentioned automobile dealers on Firestone
Bl. displaying advertising balloons, which create a dangerous
situation when they become untethered; he also noted City
owned properties on Firestone Bl. still do not have "for sale"
signs posted 6
Cn. McCarthy re the grand opening of the Community /Senior
Center & complimented the refurbished kitchen 6
Cn. McCarth y mentioned the Independent Cities Association
conference & noted issues discussed 6
Cn. McCaughan expressed enthusiasm about the opening of
the new Community /Senior Center 6
Cn. McCaughan praised the Police bicycle patrols at schools 6
PAGE 2 OF 3
•
COUNCIL MINUTES, FEBRUARY 24, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCaughan commented on satellite dish antennas being
mounted on singular poles in violation of the City's Municipal
Code & called for a need to correct this situation 6
Cn. McCaughan mentioned the placement of a portable
trailer to augment a child care facility at Maude Price School
1 & requested that staff check on particulars with the School Referred to
District Staff
Cn. McCaughan requested a report re having child care at Referred to
all school sites be placed on a future agenda Staff 6
Cn. Lawrence thanked the Downey Soroptimist Club for
donations given to community organizations on 2/12/98 7
Cn. Lawrence advised the League of Women Voters is doing
a position paper on child care & will discuss this at their
March meeting 7
Cn. Lawrence mentioned the daughter of a local merchant
is missing & asked Chief Caldwell to offer a reward at the Referred to
next meeting if the teenager has not been found Chief Caldwell 7
Mayor Riley referenced the Police bicycle patrols at schools
& danger to cyclists posed by motorist parents 7
Mayor Riley recognized Myrtle Risley in the audience 7
Mr. Caton thanked Art Rangel, Director of Economic
Community Development, for his eight years of service 7
Mr. Caton gave an update on the LACDA project & the
mandatory flood insurance beginning 7/6/98
Adjourned in Memory of Helen Minger, mother of City
employee Charlotte LeGros in the Administrative Services
Dept. 7
Meeting adjourned to 6:30 p.m., March 10, 1998 7
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PAGE 3 OF 3
10835
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 24, 1998
The City Council of the City of Downey held a regular meeting at 7:3 5 p . m., February 24,
g p �Y
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
Desi Alvarez, Director of Public Works
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Lowell Williams, Director of Finance
Robert Brace, City Engineer
Linda Haines, Building Official
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
State Assemblywoman Sally Havice presented Mayor Riley with a Transportation Grant
check in the amount of $75,000 on behalf of the State of California toward the completion of the
Downey Transit Center, which will afford citizens better access to the Metropolitan Transit Authority
system as well as the Metro Green Line.
HEARINGS: None
OTHER BUSINESS - Council Members
With Council concurrence, Mayor Riley moved the agenda item relating to ASSEMBLY
BILL 146 - OPEN MEETINGS: LOCAL AGENCIES forward at this time.
Council Member McCaughan noted he would abstain from discussion and action on this issue
under the advice of the City Attorney and left the dais.
Council Minutes 2/24/98 -1-
•
10836
Council Member Braze lton requested a summary from the City Attorney on his review of this
bill.
Mr. Vose was asked to provide a summary of his review regarding the proposed bill. He
stated the bill would require the Hospital to comply with the Brown Act and if the hospital failed to
comply, Council Members could be liable if they participated in the meetings. He mentioned recent
changes in the bill that added language to include the parent corporations requiring them to also
comply with the Brown Act and noted there are civil and criminal remedies that could be enforced by
the District Attorney's office, the City, or any resident, if the Hospital does not comply.
Council Member Brazelton noted the Council could be back in the position they were
previously and expose themselves to liability if they attended meetings not in compliance with the
Brown Act but indicated he would support AB146. He felt the issues of the current structure and
possible future restructuring of the hospital are what is important and hoped AB 146 would not impede
the Council's progress in exploring these issues.
Council Member Lawrence asked when language changes received yesterday, with an
amendment date of February 10th, will be made official.
Assemblywoman Sally Havice stated the amendments are official and will be heard at the
Senate Committee meeting. She urged the Council and community to work with her to make sure the
language best serves the community and hospital situation.
Council Member Lawrence asked if the author would be interested in adding additional
language she felt would be helpful in history and intent. Under Legislative findings and declarations,
following the first line in Part (1), consider adding, "This land was acquired for a public purpose using
the City of Downey's powers of condemnation," and to the same part of the amendment, following the
last sentence of (3), adding "The City of Downey's Ordinance No. 711 approving the lease was the
subject of a citizens' referendum prior to its approval by a 70% vote of the Downey electorate in July
1983." She noted, with this additional language, she is ready to support AB146.
Council Member Brazelton disagreed with the hospital's contention that having the meetings
open would hamper their competitive position.
Council Member McCarthy mentioned several concerns with AB146, noting it could limit or
jeopardize the Council's participation at the Board meetings. Also, he stated the Council is concerned
with hospital activities and its future but did not feel that Sacramento should reach in to micro-manage
this entity. He felt the bill threatens the competitive ability of the hospital and noted he does not
support the bill in its current form.
Mayor Riley mentioned a letter received late today from Mr. Korneff's office urging a NO vote
by the Council on AB146. She noted her concern about the hospital and about how AB146 would be
enforced if the hospital did not comply. She asked to be kept abreast of the date and time of the
Senate hearing and noted the bill will not become effective until January 1999, asking if an urgency
clause could be a provision.
Council Minutes 2/24/98 -2-
•
10837
It was moved by Council Member Lawrence, seconded by Council Member Brazelton and
carried by the following vote to support Assembly Bill 146 as it relates to open meetings, Sally
Havice's bill as it has been presented tonight.
Lennie Whittington, 8542 Manatee Street, mentioned he photocopied the letter received late
today from the hospital for distribution to the public. He referred to the period of time when the
hospital was bound by the Brown Act, stating he had requested receiving all agendas and minutes of
regular and special called meetings and supplied self - addressed, stamped envelopes but has never
received the documents. He felt the public should also be able to attend Hospital meetings.
Joel Lubin, 7820 Allengrove Street, suggested a letter be placed in the file on AB146 stating
there is no intent to create a liability for the Council. He also noted that an urgency clause would raise
the number of votes needed to pass the bill from a majority vote to a two- thirds vote.
Dr. David Hubbel, 12113 Julius Avenue, referred to the letter from Allen Korneff noting it
states that AB 146 would make Downey Community Hospital the only private hospital in the State to
be bound by the Brown Act and mentioned he did not think the hospital was a private hospital. He felt
there must be some way to insure that the hospital obeys the law and complies with the Brown Act, if
AB146 becomes law.
Viet Be, 8526 Florence Avenue, thanked the Council Members who voted in support of
AB146 and responded to Council Member McCarthy's concern that Sacramento would reach in and
micro -manage the hospital, stating he felt the opposite was true in that the legislation passed in 1996,
Senate Bill 1504, reached in and micro - managed the hospital.
Dorothy Carfrae, 8526 Florence Avenue, thanked the Council for their support of AB 146.
State Assemblywoman Sally Havice, Sacramento State Capital, presented a statement to the
Council regarding the provisions of Assembly Bill 146, addressing the enforcement provisions related
to violations of the Brown Act. She thanked the Council for their support, noted the steps the bill
must endure before reaching the Governor's desk, and invited the Council and citizens to attend the
meetings and offer input. She stated the purpose of this legislation is to restore the intent of the
Brown Act, which is to keep the people's business, without any questions or reservation, open and
public always.
AYES 3 Council Members: Lawrence, Brazelton, Riley
NOES 1 Council Members: McCarthy
ABSTAIN 0 Council Members: McCaughan
Council Member McCaughan returned to the dais.
CONSENT CALENDAR - ITEMS FOR REMOVAL:
CONSENT CALENDAR
Council Member McCarthy noted a correction to Item VI -A -2, Council Minutes, Regular
Meeting of February 10th, Page 2, sixth paragraph, stating his comments were about "the Section 8
rental program" not Section 108.
Council Minutes 2/24/98 -3-
10838
Council Member Lawrence also noted a correction to Item VI-A-2, Council Minutes, Regular
Meeting of February 10th, Page 4, relating to I-5 excess land. She stated that she referred to a
Florence Avenue "excess land acquisition" in the fourth paragraph and not to a pedestrian overpass.
Council Member McCaughan referred to Item VI-E-5, the Comprehensive Annual Financial
Report for Fiscal Year ended June 30, 1997, and complimented the City Manager, Assistant City
Manager, Finance Director and each Department Head for their input.
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 remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, FEBRUARY 10,
1998, AND SPECIAL CALLED MEETING, FEBRUARY 18, 1998: Approve with
corrections as noted.
WARRANTS ISSUED: NO. 140497 - 141035, $1,514,997.25: Approve.
TRAFFIC SIGNAL MODIFICATION STEWART & GRAY ROAD/WOODRUFF
AVENUE: Approve the Plans and Specifications for the modification of a traffic signal at the
intersection of Stewart & Gray Road and Woodruff Avenue and authorize staffto proceed
with the project: Approve.
LOCAL GOVERNMENT/AB2766 CITY SUBVENTION MATCH PROGRAM:
Authorize the execution of an agreement and application between the City and the South Coast
Air Quality Management District (AQMD) participating in the AB 2766/MSRC LOCAL
GOVERNMENT SUBVENTION FUND MATCH PROGRAM, for the lease of an electric
vehicle for the Building and Safety Division: Approve:
UNSCHEDULED FURNACE REPLACEMENT: Approve funds to replace three furnaces
at the Apollo Center: Approve.
COMPUTER CONSULTANT AGREEMENT: Direct the City Manager to enter into an
Agreement with Victor Lising to perform as Computer Consultant to the Downey Police
Department: Approve.
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED
JUNE 30, 1997: Receive and file.
REFER APPEAL OF ROSA MEDINA (LA ANCLA BAR) TO A BEARING OFFICER
PURSUANT TO DOWNEY MUNICIPAL CODE SECTION 6404: Approve.
RESOLUTION NO. 6144 (ADOPT)
A RESOLUTION OF TiiE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF JAMES GILLESPIE TO THE LOS
ANGELES COUNTY-DOWNEY REGIONAL PUBLIC RECREATION AREA
COMMISSION (GOLF COURSE AUTHORITY), DISTRICT FOUR
Council Minutes 2/24/98 -4-
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10839
RESOLUTION NO. 6145 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONSENTING TO THE ESTABLISHMENT OF PARAMOUNT
BOULEVARD WITHIN SAID CITY AS A PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES
RESOLUTION NO. 6146 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DESIGNATING BIRCHDALE AVENUE AND EVEREST STREET AN ALL -
WAY STOP INTERSECTION
ORDINANCES: None
RESOI None
ADMINISTRATIVE REPORTS
CONTRACT FOR SPECIAL LEGAL SERVICES
Council Member McCaughan noted he would be abstaining from discussion and action due to
the subject matter and left the dais.
Mr. Vose commented it was his opinion, after review of the City's files relating to Hospital
issues, that the City would benefit from the advice of special legal counsel with expertise in the health
care industry. He investigated firms with expertise in this area and recommends the firm of Musick,
Peeler & Garret, specifically Kathleen Drummy, to serve the City as special counsel. He reviewed
Ms. Drummy's background and experience.
Mr. Caton advised that Ms. Drummy has never worked with Downey Community Hospital and
feels she will do an outstanding job for the City.
It was moved by Council Member Lawrence, seconded by Council Member McCarthy, and
unanimously carried (4 -0), with Council Member McCaughan abstaining, to direct staff to draft a
legal service agreement with special counsel Kathleen Drummy of Musick, Peeler & Garrett in
accordance with normal City contract procedures and the Engagement letter submitted.
Dr. David Hubbel, 12113 Julius Avenue, applauded the Council's approval.
Lennie Whittington, 8542 Manatee Street, supported the hiring of Ms. Drummy and asked that
the public be kept informed of developments when appropriate.
Council Member McCaughan returned to the dais.
Council Minutes 2/24/98 -5--
10840
ORAL COMMVNICATIONS
Steve Strowski, 9702 Parrot Avenue, stated he wanted to lodge a complaint against City
Prosecutor Elizabeth Feffer and proceeded to read a statement, which he submitted for the Council's
review. He asked the Council to set up an open meeting with the City Prosecutor to discuss this
matter and was advised that no action can be taken tonight.
Bob Winningham, representing the Northwest Downey Little League, extended an invitation
to the opening day ceremony and activities set for March 7th, beginning with a pancake breakfast from
7:30-10:30 a.m. at Rio Hondo School and the season opening at 11:30 a.m. at Furman Park.
Lennie Whittington mentioned automobile dealers on Firestone Boulevard displaying
advertising balloons which have created a dangerous situation when they become untethered; he also
noted the City's vacant properties on Firestone Boulevard, the former Downey Tire & Brake and
the lot next to the World of Furniture building, still do not have "for sale" signs posted.
Q1BgR BIISINESS - Consent calendar - Items removed by Council Approval: None
OTHER BUSINESS - Council Members
Council Member McCarthy mentioned he is looking forward to the grand opening of the
Community/Senior Center, which he has toured, and complimented the refurbished kitchen.
Council Member McCarthy advised he participated in the Independent Cities Association
conference that focused on law enforcement, noting Mayor Riley is the current President. He noted a
number of City staff were present, with Chief Caldwell sitting on one panel. He mentioned issues
discussed such as electronic crimes and stated he hoped the Independent Cities Association will work
with legislation to allow law enforcement agencies to interact more efficiently in obtaining data from
the Department of Motor Vehicles files.
Council Member McCaughan expressed enthusiasm about the opening of the new
Community/Senior Center.
Council Member McCaughan praised the Police bicycle patrols at schools as having a
positive effect on the children and their safety, as well as a settling effect on the citizenry.
Council Member McCaughan advised he has compiled a list of 20 satellite dish antennas
being mounted on singular poles, which is in violation of the City's Municipal Code, and called
for a need to correct this problem before it escalates.
Council Member McCaughan mentioned the placement of a portable trailer at Maude Price
School to augment a child care facility and hoped the School District has changed its policy and
would reconsider placing a trailer at Rio Hondo Elementary School for child care use. He asked staff
to communicate with the School District to check on the particulars.
Council Member McCaughan asked staff to bring back a report on having child care at all
school sites, to work on a collaborative plan with the School District and place this item on a future
agenda.
Council Minutes 2/24/98 -6-
1 094 1
Council Member Lawrence thanked the Downey Soroptimist Club for donations given to
community organizations on February 12th.
Council Member Lawrence mentioned the League of Women Voters is doing a position
paper on child care and interviewed City officials today. They will be discussing this at their March
meeting.
Council Member Lawrence mentioned visiting Brewers Rendezvous downtown and being
informed the owner's 16 -year old daughter is missing. She asked Chief Caldwell to come back at
the next meeting to offer a reward, if this teenager has not been found.
Mayor Riley referenced the Police bicycle patrol at schools, noting the danger to cyclists by
parent motorists deliverin g their children to and from school.
Mayor Riley recognized Myrtle Risley, Downey resident, present in the audience.
O'T'HER BUSINESS - Stag Members
Mr. Caton thanked Art Rangel for his eight years of service to the City, noting Mr. Rangel
is leaving Downey to become a Town Manager in Northern California.
Mr. Caton gave an update on funding for the LACDA Project and the mandatory flood
insurance beginning July 6th.
ADJOURNM7 NT: 9:00 p.m.
The meeting was adjourned in Memory of Helen Minger, mother of City employee
Charlotte LeGros in the Administrative Services Department, to 6 :30 p.m., March 10, 1998, in
the Council Chamber of Downey City Hall.
A 1 ;
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J dith E. McDonnell, City Clerk Barbara J. !R ' ley, May a r
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Council Minutes 2/24/98 -7-