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Home My WebLink AboutMinutes-09-08-98-Regular Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 8, 1998 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment to Mary Stevens, Citizens' Health & Environmental Sanitation Committee, Dist. 5 1 Proclamation declaring the week of September 20 -26, 1998, as National Emblem Club Week 1 Ord. #1056, adopting L.A. County Code, Title II, as the Health Code for the City & adopting provisions of County Ord. 97 -0071 requiring the posting of inspection grades for food establishments & food handler training certification Adopted 2 Removal of Items from Consent Calendar 3 Council Minutes: Adjourned & Regular Meetings 8/25/98 Approved 3 Warrants Issued: 146980 147429, $1,688,078.28 Approved 3 Consulting Agreement w /J. Michael Huls to implement City's 5th Cycle Used Oil Recycling Block Grant - 2nd & 3rd Years: Approve agreement & grant authority to City Manager to execute & appropriate $59,547 from the Waste Reduction Fund Approved 3 Request for proposal/Independence Park Tennis - Professional Management: Approve documents & authorize solicitation of proposals Approved 3 Youth Employment Plan - L.A. County Regional Park & Open Space Dist.: Adopt a Plan as a condition on the receipt of funds under the Safe Neighborhood Parks Propositions of 1992 and 1996 Approved 3 Appeal hearing - denial of massage technician permit: Refer appeal of Ms. Sam Sun Tat to a hearing officer Approved 3 Appointment of Council Subcommittee - NASA site reuse Approved 4 pp pp PAGE 1 OF 2 COUNCIL MINUTES, SEPTEMBER 8, 1998 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. Res. #6197, requesting the Water Replenishment District of So. Calif. rebate $50 million in surplus funds to the groundwater producers in the district Adopted 4 AB 146 - Open meetings: Local Agencies Discussed 5 Downey Community Hospital neurosurgical coverage Received & filed; Mayor McCaughan & Paramedic staff to contact Hospital re re- establishing service 5 Cn. McCarthy comm on the LACDA flood control project 5 Cn. McCarthy requested status on Downey firefighters who assisted with recent fires in Orange County 6 Cn. Lawrence thanked Code Enforcement for their efforts in removing signs in the public right -of -way 6 Cn. Riley advised that lot at the intersection of Stewart & Gray Rd. & Paramount Bl. has been cleaned off; walls are up at the project on Firestone Bl. near the riverbed; and thanked middle schoolers for volunteer time to the City's summer youth program 6 Mr. Caton mentioned the flood control project; hoped the City would receive a $60 million allocation; and urged residents to contact their elected officials for support 6 Lennie Whittington mentioned walls have been installed at Fu Lyon's project on Firestone Bl.; and requested an update to a prior comment regarding helicopters landing on Brookshire Ave enroute to Downey Community Hospital 6 Adjourned in Memory of Ed McCaughan, father of Mayor Gary McCaughan 6 Meeting adjourned to 6:30 p.m., September 22, 1998 6 h:\cclerkhoonte\tab10908 PAGE 2 OF 2 10V MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 8, 1998 The City Council of the City of Downey held a regular meeting at 7:37 p.m., September 8, 1998, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan, M.D. presiding. PRESENT: Council Members: Gary P. McCaughan, M.D. Mayor Keith McCarthy Mayor ProTem Joyce L. Lawrence Barbara J. Riley ABSENT: Robert S. Brazelton (excused) ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Joyce Doyle, Deputy 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 Darrell George, Director of Community/Economic Development Lowell Williams, Director of Finance Robert Brace, City Engineer Ron Yoshiki, Asst. Director of Community Dev./City Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary PRESENTATIONS Council Member Lawrence presented a Certificate of Appointment to Mary Stevens for her appointment to the Citizens' Health & Environmental Sanitation Committee, District 5. Mayor McCaughan presented to June Ferguson a Proclamation declaring the week of September 20-26, 1998, as National Emblem Club Week. HEARINGS Mayor McCaughan opened the public hearing on LOS ANGELES COUNTY STANDARDS FOR OPERATION OF FOOD ESTABLISHMENTS. Ms. Doyle affirmed receipt of the Proof of Publication. It was moved by Council Member' Lawrence, seconded by Council Member Riley, and so ordered to receive and file. Council Minutes 9/08/98 -1- 10932 Mr. Yotsuya explained that County Ordinance No. 97 -0071 established inspection of posting guidelines for food establishments and a training certification program for food handlers. The Los Angeles County Department of Health Services implemented a new restaurant inspection program that established a letter grade and inspection score system for food establishments and requirements to post such scores. It also established a food handlers training certification program, which requires that all food establishments have a person certified in safe food handling practices on the premises at all times. The Department also implemented additional procedures last month addressing reinspection criteria for establishments receiving low grades. State Code requires that the City Council hold a public hearing when considering an Ordinance that would adopt the Los Angeles County Health Code. There was no correspondence received regarding this matter. Lennie Whittington, 8542 Manatee Street, spoke in favor of the Ordinance, stating it would allow the public to be aware of the rating a restaurant received. There being no one else to speak regarding the Los Angeles County Standards for Operation of Food Establishments, it was moved by Council Member Riley, seconded by Council Member Lawrence, and so ordered to close the public hearing. ORDINANCE NO. 1056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE LOS ANGELES COUNTY CODE, TITLE II, AS AMENDED THROUGH FEBRUARY 28, 1998, AS THE HEALTH CODE FOR THE CITY OF DOWNEY, AND ADOPTING THE PROVISIONS OF ORDINANCE NO. 97 -0071 OF THE COUNTY OF LOS ANGELES REQUIRING THE POSTING OF INSPECTION GRADES FOR FOOD ESTABLISHMENTS AND REQUIRING FOOD HANDLER TRAINING CERTIFICATION The Ordinance was read by title only. It was moved by Council Member Riley, seconded by Council Member Lawrence, and unanimously carried (4 -0) to waive further reading. It was moved by Council Member Riley, seconded by Council Member Lawrence, and carried by the following vote to adopt the Ordinance. AYES 3 Council Members: Riley, Lawrence, McCaughan NOES 1 Council Members: McCarthy ABSENT 1 Council Members: Brazelton Council Member McCarthy was not in favor of the Ordinance, stating he is not opposed to clean and healthy restaurants and endorses the idea of training workers on proper food handling, but opposes posting signs, which he feels creates an illusion of providing public health and safety that may not be there. He stated that rules and enforcement could vary depending on the nature and attitude of the person conducting the inspection and noted the County's Ordinance was rejected by the cities of Long Beach and Culver City. He mentioned there are two bills on the Governor's desk that would overrule the County's Ordinance and apply a statewide system of health and safety for restaurants. Council Minutes 9/08/98 -2- 10V3 CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI WATER REPLENISHMENT DISTRICT ASSESSMENT REBATE, was removed at the request of Council Member Lawrence. CONSENT CALENDAR It was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried (4 to waive further reading of the Resolution and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, AUGUST 25, 1998: Approve. WARRANTS ISSUED: NO. 146980 - 147429, $1,688,078.28: Approve. CONSULTING AGREEMENT WITH J. MICHAEL HULS TO IMPLEMENT THE CITY OF DOWNEY 5TH CYCLE USED OIL RECYCLING BLOCK GRANT - SECOND AND THIRD YEARS: Approve the agreement with J. Michael Hu ls, R.E.A. (JMH), grant authority to the City Manager to execute the agreement, and appropriate $59,547.00 from the Waste Reduction Fund: Approve. REQUEST FOR PROPOSAL/INDEPENDENCE PARK TENNIS MANAGEMENT: Approve proposal documents and authorize the solicitation of proposals for Tennis Professional Management Services at Independence Park Tennis Center: Approve. YOUTH EMPLOYMENT PLAN - LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT: Adopt a Youth Employment Plan as a condition on the receipt of funds under the Safe Neighborhood Parks Propositions of 1992 and 1996: Approve. APPEAL HEARING - DENIAL OF MASSAGE TECHNICIAN PERMIT: Refer the appeal of Ms. Sam Sun Tat to a Hearing Officer in accordance with Downey Municipal Code Section 6404: Approve. ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS, APPOINTMENT OF COUNCIL SUBCOMMITTEE - NASA SITE REUSE Mr. Caton mentioned that Boeing has announced its intention to vacate the NASA property by December 1999 or sooner, advising that staff is working to select a consultant to study possible reuses for the site. The City is being approached by a number of interested parties and staff feels a Council Subcommittee should be appointed to work with them on these matters. Council Minutes 9/08/98 10 9 4 It was moved by Council Member Lawrence, seconded by Council Member Riley, and unanimously carried (4 - to nominate Council Members McCarthy and McCaughan as Council's representatives to a NASA Site Reuse Subcommittee. OTHER BUSINESS - Consent Calendar - Items removed by Council Approval WATER REPLENISHMENT DISTRICT ASSESSMENT REBATE Mr. Alvarez explained that the Water Replenishment District of Southern California (WRD) is responsible for financing recharging activities to maintain adequate groundwater levels in the Central g g g q g and West Basin aquifers. To finance this activity, the WRD places a pump tax or assessment fee on all pumpers for every acre foot pumped out of the groundwater basin. This fee is currently $151 per acre foot and has been rising since 1992 (prior to that time it was $54 per acre foot). The surplus of cash for the WRD has also grown at a concurrent pace and is currently about $62 million, rather than the $10 million it has historically averaged. Staff recommends that the WRD rebate $50 million of the surplus to all pumpers within the district boundaries based on the prorated share of water that has been pumped out of the ground during the previous three years. This would compute to $70 per acre foot for each pumper in the district. If the rebate is made, the City of Downey would receive a rebate of $3.4 million. Council Member Lawrence asked how this affects citizens' water bills and was advised it could lower the water bill or provide the opportunity to pay for other projects that have been deferred for lack of funds. Council Member McCarthy asked staff to bring back information on how the authority of the WRD could be redefined regarding increases. Council Member Riley noted many of the WRD board members are up for re- election and this could give the cities involved more leverage in the request for a rebate. RESOLUTION NO. 6197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THAT THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA REBATE $50 MILLION IN SURPLUS FUNDS TO THE GROUNDWATER PRODUCERS IN THE DISTRICT BASED ON $70 PER ACRE FOOT OF THE ACTUAL WATER PRODUCTION OVER THE THREE -YEAR PERIOD, ENDING JUNE 30, 1998 The Resolution was read by title only. It was moved by Council Member Riley, seconded by Council Member McCarthy, and unanimously carried (4 -0) to waiver further reading and adopt. Council Minutes 9/08/98 -4- T 0 k ". OTHER BUSINESS Council Members AB 145 - OPEN MEETINGS: LOCAL AGENCIES Mayor McCaughan advised that Governor Wilson has until September 30, 1998, to sign or veto the bill or can take no action, which would allow the bill to become law. He noted -the Council has endorsed this bill and encouraged members of the public to express their opinions to the Governor, p p p noting he would be sending a letter in favor. DOWNEY COMMUNITY HOSPITAL NEUROSURGICAL COVERAGE Chief Irwin explained that the Council requested fire staff to looked into neurosurgical coverage at Downey Community Hospital and it was found that, as of July 1, 1998, the Hospital no longer provided on -call neurosurgical coverage. The Department of Health Services was contacted to determine what this meant to the paramedic program, and it was learned there is criteria that allows hospitals to divert calls to another facility. Criteria for sending p atients to trauma centers was also reviewed and it appears these calls could also be diverted. He stated there was minimal impact as far as paramedic services, were concerned. Council Member Riley referred to a conversation with the Chairman of the Board of the Hospital who said the Hospital was looking into staffing for this service. She felt it was very g g ry important that someone from the Council talk with them further about this issue. Mayor McCaughan mentioned there was neurosurgical coverage back to 1955 and felt it is an issue the Council, or one of its members, should discuss further with the Hospital. He expressed concern that this is a definite and not temporary removal of the service and, if so, he felt„ig was a complete negative to the community. t czF 0 Lennie Whittington, 8542 Manatee Street, agreed with the Council, and referred to the Hospital's removal of the paramedic base station several years ago, which was never reestablished. He felt this was another case where the community losing is losin a service. Dr. Vernor Waite, 5243 Vista Del Sol, Cypress, mentioned a new push to treat strokes as a brain attack rather than a heart attack, and if treated within three hours, a clot can be dissolved. This is part of the advancement of medicine and if the ability for treatment with neurosurgeons is removed, citizens have lost a great deal. Mayor McCaughan suggested, if no objection from the Council, that he and a member of the paramedic team would establish a line of communication with the Hospital to determine what the Hospital's intentions are in terms of reestablishing his service. There were no objections stated. g � Council Member McCarthy commented on the LACDA flood control project, advising that the House of Representatives and Senate Conference Committee will be meeting soon to discuss how much funding to budget. He urged citizens to contact their elected officials in support ort of additional funding, stating the sooner the ro'ect is completed, the sooner the City will be out of the flood plain p J p � Y and residents will not be required to carry mandatory flood insurance. Council Minutes 9/08/98 -5- r., I, 0 9 3 6 Council Member McCarthy referred to the recent Orange County fires and requested status on the Downey firefighters who assisted. Chief Irwin replied the firefighters were out about 60 hours and all returned safe and sound. Council Member Lawrence thanked Code Enforcement for their efforts in removing signs posted in the public right -of -way. Council Member Riley advised that the lot at the intersection of Stewart & Gray Road and Paramount Boulevard has been cleaned off; walls are up at the project on Firestone Boulevard near the riverbed; and she thanked the 30 middle - schoolers who donated over 700 hours of volunteer time this summer to the City's youth program. OTHER BUSINESS - Staff Members Mr. Caton noted the City is in its seventh year of attempting to obtain flood protection while minimizing the impact of mandatory flood insurance. He was hopeful the City would receive a $60 million allocation and recommended that citizens contact their elected officials requesting support in making sure this projtct is funded. ORAL COMMUNICATIONS Lennie Whittington, 8542 Manatee Street, mentioned the walls have been installed at the Fu- Lyons' project on Firestone Boulevard near t ; iver bed; requested an update to his previous comments regarding helicopters enroute to h owney Community Hospital landing g g p � Y Y p g on Brookshire Avenue, blocking traffic for two to three hours and requiring the use of the City's Fire and Police personnel. Mr. Caton explained a letter was sent to the Hospital with an unsatisfactory response received. He noted the Police Chief is working on another letter. ADJOURNMENT: 8:30 pm. The meeting was adjourned in memory of Ed McCaughan, father of Mayor Gary McCaughan, to 6:30 p.m., September 22, 1998, in the Council Chamber of Downey City Hall, 11111 Brookshire Avenue, Downey, .‘ ("?, _ s Weee Ia. Doyle, Deputy City Clerk Gary P. M. Caughan, May • AO H: \CCLERK\SCONTE\ IINUTES \CCMN0908.WPD Council Minutes 9/08/98 -6-