HomeMy WebLinkAboutMinutes-10-27-98-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 27, 1998
• TABLE OF MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Certificate of Appointment to Jeff McCaughan, Recreation
r--, & Community Services Commission, Dist. 3 1
Appeal, General Plan Amendment #97 -66, amending the
General Plan category of the parcel at the terminus of Bluff Rd.
from "Low Density Residential" to "General Manufacturing," Contd. to 7 :30 p.m.
which was continued from the Council Meeting of 9/22/98 11/10/98 2
Council Minutes: Adjourned & Regular Meetings 10/27/98 Approved as
amended 2
Warrants Issued: 14841 1 - 148855, $1,273,781.35 Approved 2
Res. #6208, approving the destruction of certain obsolete
audio tapes of the City Clerk - Treasurer Adopted 2
Ord. #1058, adopting Code Amendment #98 -58 amending
the DMC allowing & regulating the development of wireless
communication facilities in the City Adopted 2
Downey Community Hospital Lease: Request the State
Auditor & District Attorney investigate questions of Downey Approved 5
constituents
Lennie Whittington mentioned receiving election material
for Phil Hawkins that he felt was in poor taste & listed Mayor
Pro Tem McCarthy as a supporter 6
Brian Regalbuto congratulated the Council for obtaining
control of the Boeing property & suggested several uses 6
Bob Winningham invited everyone to hel p with.the Annual
�
Pumpkin Patch event at Furman Park - 6
Isabelle Rivera mentioned traffic problems on Downey Av.
in the area of St. Mark's Episcopal & Our Lady of Perpetual
Help Schools & suggested solutions 6
PAGE 1 OF 3
•
•
1
COUNCIL MINUTES, OCTOBER 27, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
John Dawson, representing St. Mark's Episcopal Church,
concurred with Ms. Rivera's comments re Downey Av. 6
Joseph Polselli, spoke on behalf of Our Lady of Perpetual
Help Church, re increased traffic on Downey Av. 6
Mayor McCaughan asked staff to pursue a County plan
to obtain Federal monies for children's health services 6
Mayor McCaughan mentioned the recent Warren/Downey
High School annual football game, noting the variety of
entertainment found in the City 6
Discussion of Police Dept. use of Apollo Park Substation Staff to provide
report 7
Cn. Riley acknowledged Diane Boggs in the audience, who
is running for the Water Replenishment District 7
Cn. Lawrence thanked Keep Downey Beautiful volunteers
for the clean up and thanked the YMCA for the breakfast 7
Cn. Lawrence mentioned a hot air balloon that was tethered
at Downey High School 7
Cn. Lawrence invited the public to the City's 125th
anniversary celebration of its founding on Thursday, 10/29,
in the Downey Room at the Community /Senior Center 8
Cn. Lawrence responded to a prior speaker's comments re
the history of the Boeing site 8
Cn. McCarthy complimented the YMCA & Rotary for the
breakfast & Keep Downey Beautiful for the clean up program 8
Cn. McCarthy mentioned the groups involved in the pumpkin
patch event and thanked the City Manager for"
Coca Cola's participation 8
PAGE 2 OF 3
COUNCIL MINUTES, OCTOBER 27, 1998
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCarthy referred to comments made re campaign
literature that noted his endorsement of the candidate,
noting he did not approve of the material & informed the
candidate in writing 8
Cn. McCarthy requested a public presentation by staff on
how the City is preparing for the Year 2000 8
Cn. McCarthy commended the Public Works Director
for his efforts in requesting a refund from the Water
Replenishment District 8
Mr. Caton asked everyone to support the City's efforts to
obtain the remaining 92 acres of the Boeing property 8
Mr. Caton thanked the Public Works Director for his
efforts to obtain a refund from the Water Replenishment
District 8
Meeting adjourned to 6:30 p.m., November 10, 1998 8
•
•
h:'cclerk\sconteltab11027
PAGE3OF3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 27, 1998
The City Council of the City of Downey held a regular meeting at 7:47 p.m., October 27,
1998, in the Council Chamber of the Downey City Hall, Mayor Gary P. McCaughan, M.D. . residin
p g
PRESENT: Council Members:
Gary P. McCaughan, M.D. Mayor
Keith McCarthy Mayor ProTem
Robert S. Brazelton
Joyce L. Lawrence
Barbara J. Riley
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
Darrell George, Director of Community/Economic Development
Robert Brace, City Engineer
Linda Haines, Building Official
Jason Mikaelian, Economic Development Specialist
Christine Roberto, Purchasing Manager
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor McCaughan presented to Jeff McCaughan a Certificate of Appointment on his
appointment to the Recreation and Community Services Commission, District 3.
HEARINGS
Mayor McCaughan opened the public hearing on APPEAL, GENERAL PLAN
AMENDMENT NO. 97-66, AMENDING THE GENERAL PLAN CATEGORY OF THE
PARCEL AT THE TERMINUS OF BLUFF ROAD FROM "LOW DENSITY
RESIDENTIAL" TO "GENERAL MANUFACTURING" (APPELLANT: C. T. & F., INC.),
which was continued from the Council Meeting of September 22, 1998
Mr. George advised that staff recommends this item be continued to the City Council Meeting
of November 10th, including the second reading of the Ordinance for Zone Change No. 97 -67.
Council Minutes 10/27/98 -1-
I 0
It was moved by Council Member McCarthy, seconded by Council Member Lawrence, and
unanimously carried to continue the public hearing for General Plan Amendment No. 97 -66 to
7 :30 p.m., November 10, 1998, in the Council Chamber of Downey City Hall.
CONSENT CALENDAR - ITEMS FOR REMOVAL: None
CONSENT CALENDAR
Ms. McDonnell noted a correction to the Minutes of the Regular Meeting of October 13,
1998, under Oral Communications, Page 7, Line 5, which should read "District Attorney" and not
"Attorney General." She noted the Minutes have been amended.
Mayor Pro Tem McCarthy noted he was absent from the Council Meeting of October 13, 1998,
but did listen to the audio tape and will vote on the Minutes.
It was moved by Council Member Brazelton, seconded by Council Member McCarthy, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of the
Consent Calendar as recommended, with the amendment to the Minutes as noted:
COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, OCTOBER 13,
1998: Approve as amended.
WARRANTS ISSUED: NO. 148411 - 148855, $1,273,781.35: Approve.
RESOLUTION NO. 6208 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
AUDIO TAPES OF THE CITY -CLERK TREASURER
ORDINANCE NO. 1058 (ADOPT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING CODE AMENDMENT #98 -58, AMENDING SECTIONS 9108, 9122,
9124, 9126, 9127, 9128, 9130 AND 9136 TO THE CITY'S MUNICIPAL ZONING
CODE ALLOWING AND REGULATING THE DEVELOPMENT OF
WIRELESS COMMUNICATION FACILITIES IN THE CITY OF DOWNEY
ORDINANCES: None
•
RESOLUTIONS: None
ADMINISTRATIVE REPORTS: None
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval: None ,
Council Minutes 10/27/98 -2-
1 I 0 I 3
OTHER BUSINESS - Council Members
DOWNEY COMMUNITY HOSPITAL LEASE
Mayor McCaughan stated that at the last Council Meeting the public requested an item be
agendized regarding questions about the lease between the Downey Community Hospital Foundation
and the City of Downey. He reviewed the request and feels the public should be iven an opportunity
g pp y
to address the Council and that the public's best interest would be served by putting this conflict to rest.
He recommended the Council ask a consortium of neutral third parties, the State Auditor and District
Attorney, to investigate the lease and questions posed by the public that bear upon the lease, noting
these agencies would not incur expenditures from the City's General Fund.
Dorothy Carfrae, 8526 Florence Avenue, expressed her appreciation to the Mayor for initiating
this process. She noted questions posed to the Hospital have not been answered and that initial
concerns were brought forth by responsible Hospital Board Members, who have either resigned or were
removed from their positions. She urged the Council to vote yes in support of Mayor McCaughan's
request.
Dr. Arthur Harvey, 7629 Fourth Place, said the Mayor's request is exactly what the citizens
want and he hoped the other Council Members would g ive their support.
g pp
John Kurnick, 11411 Brookshire Avenue, thanked the Mayor for pointing out that it will be less
expensive to have a neutral third party investigate the Hospital instead of continuing with expensive
litigation and felt the State Auditor could find out if Hospital Board Members are being truthful.
Bob Winningham, 8346 Lexington Road, read a letter from Mr. and Mrs. Ed Di Loreto dated
October 27, 1998, stating they agree with the Mayor's request to investigate what was done wrongfully
in mishandling the Hospital funds and other wrongful acts, which will surface when a full investigation is
concluded.
Renee Wright, 7803 Harper Avenue, encouraged that investigation into the quality of patient
care at the Hospital be included, commenting on her own experience where she stated she did not g et
adequate medical care and could not get the attention of the nursing staff.
Dr. David Hubbell, 12113 Julius Avenue, commented that citizens had so many questions to ask
Yq
that they held a lottery to limit them. He read several questions pertaining to Hospital issues and asked
the Council to request an audit and have the District Attorney investigate.
Sherwin Memel, outside legal counsel to the Downey Community Hospital Foundation, 11355
West Olympic Boulevard, Los Angeles, stated the Attorney General is the agency responsible for the
oversight of non - profit community hospitals and this agency investigated the Hospital several years ago
after receiving complaints and noted a letter was sent to Dr. Verner Waite stating no violations of the
non - profit laws of the State of California were found. He indicated additional complaints were lodged
by others and the Attorney General is currently in the midst of investigating the Hospital. He stated that
the Hospital is not a municipal hospital and is not subject to an audit by the State Auditor's office. He
noted the District Attorney's office does not get involved unless there is probable cause for a criminal
investigation. He said, to date, the Attorney General's office has found nothing wrong and asked the
Council Minutes 10/27/98 -3-
• 1: 0
Council to instruct the City Attorney to contact the Attorney General's office and to defer this motion
until that contact is made.
Viet Be, 8526 Florence Avenue, said it was noted by a prior speaker that the District Attorney
and State Auditor have no jurisdiction over Downey Community Hospital and he felt this should be
determined by those agencies and not the Hospital. He stated the District Attorney's job is to determine
if there is probable cause for an investigation, noting the District Attorney determined in his prior
investigation that no violation of non - profit corporation law occurred but did not advise that an audit
was conducted. He congratulated the Council for initiating this request and mentioned a past article
from a local newspaper that stated DCH was at risk at the hands of its administration and patient care is
critical. He urged the Council to vote for the motion.
Betty Ferraro, 7605 Second Street, requested the Council's support in inviting the State Auditor
and District Attorney to audit the Hospital, stating this request must come from the elected officials. If
the investigation comes out clean, the citizens can put this issue to bed.
Rob Fuller, 11500 Brookshire Avenue, stated the Hospital urges the Council to reject this
recommendation. He pointed out the Hospital is probably the most regulated business in Downey and
bears a tremendous burden and expense when the government comes calling. He urged the Council to
contact the Attorney General's office to have their questions answered.
Shirley Harvey, 7629 Fourth Place, mentioned she went with a group of concerned citizens to
Sacramento and spoke before the Senators, who all asked where the City Council Members were. She
advised that her husband and another doctor met with lawyers and were informed to sue the Hospital if
the City Council does approve this request.
Diane Boggs, 10568 Chaney Avenue, said she is a frustrated citizen who, along with thousands
of others in the community, wants this issue resolved, and asked the Council to take the steps to resolve
it. She said litigation is very costly and time consuming and felt the Council would have nothing to lose
by bringing in the State Auditor and District Attorney and the community has everything to gain.
Dr. Verner Waite, 5243 Vista Del Sol, Cypress, said he took a packet of information to the
District Attorney's office on August 22, 1996, . and talked to Vito Vertugo. He said he asked Mr.
Vertugo if specific items in his initial complaint had been investigated and the response was no on four
items. He did not feel that a complete investigation was conducted.
Bob Austin, 11000 Woodruff Avenue, stated he was glad the Save our Hospital group members
were now out in the open and urged them to return to neutral corners. He said if there is any substance
to the many accusations, let the proper authorities discover the truth and resolve this issue .
Lennie Whittington, 8542 Manatee Street, referred to a letter from Allen Korneff to Council
Member Lawrence that was delivered late this afternoon, a copy of which was inserted in the public
packet late this evening. He felt this was the wrong way to do business and noted that at the last
Council Meeting the Mayor said he and two other Council Members would look into these matters,
stating from this letter it appears one Council Member took it upon herself to attempt to resolve the
issues. He thanked Mayor McCaughan for putting this issue on the Agenda.
Council Minutes 10/27/98 -4-
. t
0 0
Ken Miller, 7336 Cleargrove Drive, said he is familiar with the fact the hospital was promoted
idea p p
with the dea that it would be without cost to the taxpayers. He felt that somethin g should be resolved
where taxpayers receive rental on the property commensurate with the value of the Hospital.
It was moved by Mayor McCaughan, seconded by Council Member Riley, and carried by the
Y
following vote to ask the State Auditor and District Attorney to investigate the questions Downey
g q y
constituents have regarding the Hospital lease.
AYES 3 Council Members: Riley, Lawrence, McCaughan
NOES 2 Council Members: Brazelton, McCarthy
Council Member Lawrence addressed the letter from Allen Korneff, stating she did not have
Council direction and took it upon herself to make an appointment with him. She did speak with the
City Attorney prior to this action. She discussed with Mr. Korneff what she felt the Hospital should do
to resolve this situation and asked for a reply, which did not necessarily contain what she requested.
She mentioned that during her meeting with Mr. Korneff, she was shown a list of documents the
Attorney General requested from the Hospital and felt better knowing what was going on and the nature
inspection g
of the nspection process.
Council Member Riley said this problem started in 1993 and could have been resolved at that
time. She referred to the 1996 audit, stating it was a limited compliance investigation ation and not an audit
p g
for non -profit status. She noted the City Attorney at that time repeated this at three separate Council
Meetings.
Council Member McCarthy indicated he would not support the Mayor's recommendation,
stating the Attorney General is currently investigating the Hospital, which is both costly and demanding.
The City is also in litigation with the Hospital at this time to determine its rights and obligations under
the lease, and the Hospital is regularly audited and accredited by various agencies. He felt the
accusations of mis- management do not justify bringing in another agency and suggested the City's
concerns be submitted to the Attorney General.
Council Member Brazelton said he and special counsel have studied the lease, and the violation
is that Council Members have not been allowed to attend anent board meetings. He is a corporate
p g rp
attorney and knows the Attorney General's job is to look over non -profit corporations, stating to date,
the Attorney General has found no problem on that point. Also, the Federal agency that governs these
g Y g
corporations is the Internal Revenue Service and he is not aware of any problems in this respect. He
expressed disappointed that other Hospital Board Members did not join Dr. Crowell in his suit against
the Hospital.
Council Member Lawrence commended Council Members Brazelton and McCarthy for their
stand on this issue and said she concurs with the Mayor's motion. She will vote to have the request put
. q p
forward and hoped the citizens will accept the ahswer.
Council Member Brazelton concurred with Council Member Lawrence's position and stated if
the answer is different than hoped for, he asked the Hospital to work out a reasonable settlement tp the
controversy.
Council Minutes 10/27/98 -5-
.- ...
Mayor McCaughan felt both agencies have been severely damaged by this issue and that the only
Y g Y Y
way it can be resolved is for a neutral third party to conduct an investigation and clear it.
Mayor McCaughan recessed the meeting at 9:02 p.m. and reconvened with all Council
Members present at 9:12 p.m.
ORAL COMMUNICATIONS
Lennie Whittington, 8542 Manatee Street, mentioned receiving election material supporting
--- Phil Hawkins for State Assembly, that he felt was in poor taste and listed Mayor Pro Tem McCarthy
as a supporter.
Brian Regalbuto, 11942 Downey Avenue, congratulated the Council for getting control of part
of the Boeing property and hoped the City would be able to obtain the balance of the ro ert . He
p p Y
suggested several options for development of the property.
Bob Winningham, 8346 Lexington Road, member of the Recreation and Community Services
Commission and the Optimist Club, invited everyone to assist with the Annual Pumpkin Patch event
at Furman Park sponsored by the City, the Downey Optimist Club, and the Downey Soroptimist Club.
He mentioned having a new corporate sponsor this year, Coca Cola, who is donating the soft drinks,
cups and related items.
Isabelle Rivera, 10400 Downey Avenue, mentioned an accident on Downey Avenue involving
police officer Steven Guthrie, who was pursuing a speeding vehicle, and another vehicle on October
, 20th. She addressed the issue of speeding in this area at a prior meeting and said that two beacons were
installed to alert motorists to the 25 mile per hour speed limit. The beacons were not workin g the
morning of the accident. She said she had requested the crosswalk markings be repainted and this work
was done, but she also requested that the beacons be properly programmed, trees be trimmed, and a
stop sign or traffic signal be installed at Cherokee Drive.
John Dawson, 7840 Seventh Street, spoke as a representative of St. Mark's Episcopal Church,
and concurred with Mr. Rivera's remarks regarding improving the safety on Downey Avenue.
Joseph Polselli, 9330 Gallatin Road, spoke on behalf of Our Lady of Perpetual Help Church, and
noted increased traffic on Downey Avenue.
OTHER BUSINESS - Council Members (Contd.)
Mayor McCaughan asked staff to pursue a County plan to obtain Federal monies for
childrens' health services and contact Supervisor Knabe's office to secure funds for the School
District. .
Mayor McCaughan mentioned the Warren/Downey High School annual football game,
stating this is one example of the variety of entertainment available in the City of Downey.
. Y
Council Minutes 10/27/98 -6-
•
11017
DISCUSSION OF POLICE DEPARTMENT USE OF APOLLO PARK SUBSTATION
Council Member Riley advised she has been monitoring this issue for some time and is resolved
to having a police presence instead of a substation but that she has not noticed a police presence and
feels it is necessary. She stated this was discussed during the budget session where she was told there
would be a plan in place.
Council Member Lawrence stated she did not feel a substation was necessary but that police
presence was.
Diane Boggs, 10568 Chaney Avenue, stated it was discussed many times that police presence
was needed in South Downey and she had hoped for a substation in that area.
Council Member McCarthy asked for the Chief s input, noting he would also like a substation at
Golden Park and suggested a red phone be placed on the outside of the building.
Chief Caldwell explained his recommendations that the facility not be built, since he felt it was
not justified. He advised that most of his department's beat force goes south of Stewart and Gray Road
with a focus of extra cars in that area. The department has initiated the Adopt -A -Park program, which
calls for assigning an officer to parks on an as- needed basis, suggesting that Apollo, Wilderness and
Golden Parks will start this process. He advised that he instructed his DARE officers to store some of
their equipment at Apollo Park so their presence would be seen. He stated with a shortage of officers it
has been a difficult situation to staff.
Mayor McCaughan concurred with Council Member Riley that some type of plan was needed
and suggested officers could use the park office to write reports.
Chief Caldwell said report writing was discussed and hoped some of the ideas being initiated will
bring the presence sought.
Mayor McCaughan requested a report on Council Member Riley's concerns be prepared for the
Council's review in two weeks.
Mr. Caton commended the Chief and his staff, noting even if a plan is scheduled, priorities may
not allow it to be in force every day.
Council Member Riley acknowledged former Mayor and Council Member Diane Boggs in the
audience, who is running for a seat on the Water Replenishment District, stating she will work to see
that Downey receives a refund.
Council Member Lawrence thanked the Keep Downey Beautiful volunteers for clean up and
the YMCA for the breakfast.
Council Member Lawrence mentioned a hot air balloon tethered at Downey High School that
she felt created a potential risk and requested that City Hall be kept advised in the future.
Council Minutes 10/27/98 -7-
•
x .,
Council Member Lawrence invited the public to attend the event Thursday, October 29th, in the
Downey Room at the Community /Senior Center, where Friends of the Downey City Library will host a
celebration of the City's 125th anniversary of its founding, with guest speaker, Cecilia Rasmussen,
from the Los Angeles Times.
Council Member Lawrence responded to comments from a previous speaker, noting the City is
aware of the history of the Boeing site.
Council Member McCarthy thanked Council Member Lawrence for complimenting the YMCA
and Rotary for the breakfast and Keep Downey Beautiful for the cleanup program.
Council Member McCarthy mentioned the groups involved in the pumpkin patch and thanked
the City Manager for encouraging Coca Cola's participation.
Council Member McCarthy referred to the comments by Mr. Whittington regarding campaign
literature, stating he did offer Phil Hawkins his endorsement but did not approve of the material and
sent a letter expressing his disapproval.
Council Member McCarthy requested a public presentation by staff on how the City is
preparing for the Year 2000.
Council Member McCarthy commended the Public Works Director for his efforts in requesting a
refund to cities from the Water Replenishment District, noting Downey took the lead in requesting
these funds back. He advised that the Water Replenishment District responded in an incomplete way.
OTHER BUSINESS - Staff Members
Mr. Caton stated he felt everyone in the City should support efforts to obtain the remaining 92
acres of Boeing property. He thanked Senator Feinstein, Congressman Horn and Congressman Lewis
for their efforts, as well as seeking their assistance with the remaining acreage.
Mr. Caton thanked Desi Alvarez, Director of Public Works, for his efforts to obtain a refund
from the Water Replenishment District.
ADJOURNMENT: 10:10 p.m.
The meeting was adjourned to 6:30 p.m., November 10, 1998, in the Council Chamber of
Downey City Hall.
/ T
J dith E. McDonnell, City Clerk Gary P. McCaughan, a • r
H: \CCLERK\SCONf E\MINUTE S \CCMN 1027. WPD
Council Minutes 10/27/98 -8-