HomeMy WebLinkAboutMinutes-04-28-92-Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 28, 1992
,TABLE OF MINUTE ACTIONS
SUBJECT
ACTION PAGE NO.
Proclamation re "Neighborhood Watch Month"
1
Proclamation re "Police Week"
1
Proclamation re "California '
Peace Officers'
Memorial Day"
Y 1
Proclamation re "Hire a Veteran Week"
1
Proclamation re "KIDSDAY"
2
Proclamation re "Fire Service Recognition cognition Day 2
Res. #5547 ordering annex. into Ltg. Dist. A.D.121
(Annexation 92/01 - Adwen St. west of Ryerson Ave
to Mitla Ave.
ve. north & south of Adwen St.
) Adopted 2
Minutes: Adj. Reg. Mt g., 4/14 92• Reg. / g . Mtg . , 4/14/92 Approved 2
Cash Contract #582 - South City Feeder Water Trans-
mission Main (Imperial Hwy. - Clark Ave. to Woodruff Ave.);
Award contract to Simich- Masonovich & authorize transfer
of funds Approved 2
Warrants issued: #45305 - 45700
Approved 3
Adjustment of manpower levels for Building & Safety
Y
Division - reclassification fication of Administrative Clerk II
to Building Permit Technician Approved pp oved 3
Lease Renewal Option - Well Site #24, 9633 Washburn Rd.
-- by Pac Tel Cellular to incl. landscaping maint. fee
9 Approved 3
Appeal, Conditional Use Permit #92 -10 12160 Downey
Ave., - Request for auto repair business in C -2 Zone Set hrg. 5/12/92 3
Proposed use of Community Development Block Grant
P t
Funds for 1992 -93 Set hrg. 5/12/92 3
Integrated Library automated system authorization
to submit proposals to vendors for system
Approved 3
Agreement with Southern California Rapid Transit
District for P
sale of bus passes to certain citizens Approved PP 3
Pagel of 3
COUNCIL MINUTES, APRIL 28, 1992
TABLE OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Res. #5548 requesting Board of Supervisors of L.A.
County Flood Control Dist. to accept on behalf of
said District, transfer & conveyance of Miscel-
laneous Transfer Drain #28 - Lesterford Ave. Adopted 3
Res. #5549 requesting Board of Supervisors of L.A.
County Flood Control Dist. to accept on behalf of
said District, transfer & conveyance of Miscel-
laneous Transfer Drain #141 - Brookshire Ave.,
Second St. & Downey Ave. Adopted 3
Res. #5550 requesting Board of Supervisors of L.A.
County Flood Control Dist. to accept on behalf of
said District, transfer & conveyance of Miscel-
laneous Transfer Drain #1157 - Brookshire Ave.,
Imperial Hwy. to Eucalyptus St. Adopted • 4
Ord. amending Section 6197 of Downey Municipal Code
limiting use of Utility Users Tax Revenues to
Public Safety Services Introduced 4
Joel Lubin re recognition of Downey Police cars with
the word "Downey" marked on them 6
Larry Squire re Utility Users Tax Report; efforts to
table this issue at previous Study Session; procedures
followed in passing recent legislation; need for
answers to questions posed by public at meetings 6
Neville Kilpatrick re utility users tax issue on
November ballot; her experience as worker on
election board for 20 years 6
s
Lennie Whittington re number of Closed Session mtgs.
9
held by City Councils 6
Joseph Lumsda i ne re city employee coalition question-
answers; possible conflicts of interests & endorse-
ments made by Downey Police Officers Association &
invitation to open public forum for those candidates
who received endorsements 6
Joan Smay re political contributions 7
Grace Horney re election questionnaires; common
practice of relatives working in different sectors
of City government 7
Page 2 of 3
`CIL MINUTES, APRIL 28, 1992
OF ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Rae Haynes re comments made by Joseph Lumsdaine 7
Gary McCaughan re subject questionnaire; campaign
integrity; opposition to personal attacks on other
speakers; his availability to answer questions as
,..., a Council candidate & request for more information
on "Downey Taxpayers United" 7
Johnette Stickel re disappointment in Oral
Communications portion of meeting; need for more
revenue sources to continue community programs 7
Res. #5551 requesting L.A. County Board of Supervisors
to consolidate Downey Special Municipal Election with
Statewide General Election on 11/3/92 Adopted 7
Res. #5552 calling & giving notice of holding Special
Municipal Election on 11/3/92 for a proposed ballot
measure relating to Utility Users Tax Adopted 8
Res. setting priorities for filing arguments &
directing City Attorney to prepare impartial analysis Cont. to 5/12/92 8
Agreement with John Tettemer & Associates for
engineering & planning management services re flood
plain management requirements Approved 8
Agreement with Hinderliter, de Llamas & Associates
to provide sales tax revenue services Approved 9
Agreement between Private Industry Council of South-
east Los Angeles County Inc. & SELACO Policy Board Cont. to 5/12/92 9
Mr. Caton re "Operation Prom Night" set for 5/20/92 9
. Appeal Hearing - Denial of Massage Permit Appeal upheld 10
Adjournment in memory of Ed Waller, long -time Downey
businessman; & citizens of Guadalajara who lost their
lives in sewer explosions occurring in that City 10
Adjournment to 6:30 p.m., May 12, 1992 10
Page 3 of 3
9d8
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 28, 1992
The City Council of the City of Downey held a regular meeting at
7:43 p.m., April 28, 1992, in the Council Chamber of the Downey City Hall,
Mayor Barbara J. Hayden presiding.
PRESENT: Council Members:
Barbara J. Hayden Mayor
Diane P. Boggs Mayor Pro -Tem
Robert G. Cormack
Robert S. Brazelton
Barbara J. Riley
ALSO PRESENT: Gerald M. Caton, City Manager
Peter Thorson, City Attorney
Judith McDonnell, City Clerk
Thomas Reeves, Deputy City Prosecutor
Lee Rowell, Assistant City Manager
Art Rangel, Director of Community Development
1 Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Clayton Mayes, P o l i c e Chief
Richard Redmayne, Director of Public Works
Ron Yosh i ki , Asst. Comm. Dev. Director /City Planner
Robert Brace, City Engineer
Victoria Jenkins, City Librarian
Bonnie Kehoe, Recreation Manager
William Makshanoff, Building Official
Ed Velasco, Housing Manager
June Yotsuya, Assistant to the City Manager
Franklin De Groot, Principal Planner
Mike Hadley, Police Sergeant
Ron Lavar, Senior Building Inspector
Janis Lomasney, Recreation Supervisor
Steve Garza, Police Officer
Paul Koppes, Police Officer
Rod McNiell, Police Officer
Cindi Apidgian, Executive Secretary
PRESENTATIONS
Mayor Hayden presented a Proclamation declaring May, 1992 as
"Neighborhood Watch Month in Downey" to Police Officer Steve Garza.
Mayor Hayden presented a Proclamation declaring May 10 -16, 1992 as
"Police Week" and May 14, 1992, as "California Peace Officers' Memorial Day"
to Police Chief Clayton Mayes .
Mayor Hayden presented a Proclamation declaring the week of May 3 -9, 1992
as "Hire A Veteran Week" to Mr. John T. Burns, Employment Representative of
the Local Veterans' Organization.
Council Minutes 4/28/92 -1-
9 483
Mayor Hay den presented a Proclamation declaring May 9, 1992 as 'KIDSDAY'
y
to KIDSDAY spokespersons Karrie Vassapol l i and Jason Merchey. She also
introduced other young people representing various organizations that are
involved in youth activities.
Mayor Hay den presented a Proclamation declaring Saturday, May 9, 1992 as
y
"Fire Service Recognition Day' to Fire Chief Ron Irwin.
HEARIi+GS
Mayor Hayden opened the public hearing on LIGHTING DISTRICT ANNEXATION
92/01 - ADMEN STREET WEST OF RY ERSO N AVENUE TO M I TLA AVENUE, AND ETU TLA AVENU E
NORTH AND SOUTH OF ADMEN STREET.
Ms. McDonnell affirmed the proof of publication and affidavit of posting
of notice, which were received and filed.
There were no written protests or objections received against the subject
annexation.
There being no one present to speak in protest to the annexation, it was
moved by Council Member Boggs, seconded by Council Member Braze l ton , and so
ordered to close the public hearing.
RESOLUTION NO. 5547
A RESOLUTION OF THE CITY OF DOWNEY ORDERING ANNEXATION
a OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT
A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT
TO THOSE STREET LIGHTING FIXTURES ON THE STREETS AND
PUBLIC PLACES WITHIN THOSE AREAS (ANNEXATION 92/01 -
AMEN STREET WEST OF RYERSON AVENUE TO M I TLA AVENUE,
AND M I TLA AVENUE NORTH AND SOUTH OF AWN STREET
The Resolution was read by title only. It was moved by Council Member
Boggs, seconded by Council Member Cormack, and unanimously carried to waive
further reading and adopt.
OTHER BUSINESS: CONSENT CALENDAR - ITEMS FOR REMOVAL: None.
CONSENT CALENDAR
It was moved by Council Member Cormack, seconded by Council Member Riley,
and unanimously carried to waive further reading of the Resolutions and
approve the Consent Calendar as recd ended :
MINUTES: ADJOURNED REGULAR MEETING, APRIL 14, 1992; REGULAR MEETING,
APRIL 14, 1992: Approve.
CASH CONTRACT NO. 582 - SOUTH CITY FEEDER WATER TRANSMISSION MAIN
(IMPERIAL HIGHWAY - CLARK AVENUE TO WOODRUFF AVENUE) : Award 'contract to
Simich- Masonovich, a Joint Venture, for the construction of a water
transmission main in Imperial Highway, and authorize the transfer of funds in
the amount of $347,500 from Account No. 51/18641: Approve.
Council Minutes 4/28/92 -2-
9 48
WARRANTS ISSUED: 145305 - 45700, $737,451.87: Approved.
ADJUSTMENT OF MANPOWER LEVELS FOR BUILDING AND SAFETY DIVISION by
reclassification of Administrative Clerk I I to Building Permit Technician as
recommended by the Personnel Advisory Board: Approve.
LEASE RENEWAL OPTION - WELL SITE NO. 24, 9633 WASH BU RN ROAD BY PAC TEL
CELLULAR to approve the first lease amendment involving a $100 landscaping
maintenance fee for the site: Approve.
APPEAL, CONDITIONAL USE PERMIT NO. 92 -10, 12160 DOWNEY AVENUE - Request
to permit auto repair business in C -2 (General Commercial) Zone: Set hearing
for 7:30 p.m., May 12, 1992 in the Downey City Council Chamber, 11111 Brook-
shire Avenue, Downey, California.
PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR 1992 -93: Set
hearing for 7 :30, May 12, 1992 in the Downey City Council Chamber, 11111 Brook-
shire Avenue, Downey, California.
INTEGRATED LIBRARY AUTOMATED SYSTEM: Authorization to submit proposals to
Library Automation Vendors : Approve.
AGREEMENT WITH SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT FOR SALE OF BUS
PASSES TO SENIOR CITIZENS, DISABLED PERSONS, STUDENTS AND COLLEGE/VOCATIONAL
STUDENTS at an annual staffing cost of $8,200 funded from Proposition A
monies: Approve.
RESOLUTION NO. 5548 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, •
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT, A
TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN
AS MISCELLANEOUS TRANSFER DRAIN NO. 28 IN THE CITY OF
DOWNEY FOR FUTURE OPERATION, MAINTENANCE AHD REPAIR
AND IMPROVEMENT, AHD AUTHOR I ZE THE TRANSFER AND
CONVEYANCE THEREOF - L ESTER FORD AVENUE
RESOLUTION 10. 5549 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT, A
TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN
AS MISCELLANEOUS TRANSFER DRAIN NO. 141 IN THE CITY OF
DOWNEY FOR FUTURE OPERATION, MAINTAINENCE AND REPAIR
AHD IM PROVEN ENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF - BROOKSH I R E AVENUE, SECOND STREET
AND DOWNEY AVENUE
Council Minutes 4/28/92 -3-
RESOLUTION NO. 5550 (ADOPT)
9 48.-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT,
A TRANSFER AHD CONVEYANCE OF STORM DRAIN IMPROVEMENTS
KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1057 IN THE
CITY OF DOWNEY FOR FUTURE OPERATION, MAINTENANCE AND
REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER
AND CONVEYANCE THEREOF - BROOKSH I RE AVENUE,
IMPERIAL HIGI IAY TO EUCALYPTUS STREET
ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 6197 OF THE DOWNEY MUNICIPAL CODE
LIMITING THE USE OF UTILITY USERS TAX REVENUES TO
PUBLIC SAFETY SERVICES
Mr. Thorson stated as directed by C o u n c i l , he has prepared an Ordinance
amending the Utility Users Tax to provide that revenues collected would be
deposited into a special account and used only for Public Safety services. The
Ordinance would not take effect unless and until it is approved by two- thirds
of the voters in the November 3, 1992 election.
The Ordinance was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Boggs, and unanimously carried to waive
further reading.
It was moved by Council Member Cormack, seconded by Council Member Riley,
and carried by the following vote to introduce the Ordinance:
AYES: 3 COUNCIL MEMBERS: Cormack, Riley, Hayden
NOES: 2 COUNCIL MEMBERS: Boggs, Brazelton
Prior to the foregoing vote, Council Member Braze lton expressed his
opposition to placing this issue on the ballot. He feels it will create public
confusion, and if the measure fails, the tax will still remain in effect. He
objected to spending $26,000 for this ballot measure and favored doing away
with the tax as soon as the budget will allow. Council Member Braze lton
recommended allowing the incoming Council to make determinations regarding this
subject.
Council Member Cormack suggested the electorate decide whether to keep a
separate accounting of Public Safety funds.
Council Member Riley stated the taxpayer has the right to vote on how this
tax is to be spent.
•
Council Minutes 4/28/92 -4-
9 1
Council Member Boggs concurred with Council Member Brazelton, noting this
local issue would be lost on a November Presidential ballot. The people will
think they are voting on retaining the utility users tax when, in fact, the tax
will continue even if the issue is not passed. She initially supported the tax
because it was needed to activate additional Public Safety services. Since
then, a financial crisis has occurred in the City and these funds may need to
be diverted to another area. She commented on the $26,000 ballot cost, public
confusion, and handicapping the future City Council by limiting areas in which
these funds must be spent.
Mayor Hayden mentioned the general public is capable of knowing if they
are voting to eliminate the tax or place it in a special fund and earmark it
for Public Safety services. If these taxes can be collected specifically for
Public Safety services, they will free up monies in the General Fund that can
be used in other areas of the budget. She supported placing this issue on `the
b a l l o t for the e l ec to ra to to make the decision, and recommended the money be
specifically spent on Public Safety services.
Mr. Lennie Whittington, 8542 Manatee St., spoke against placing this
matter on the ballot as is, noting the people should be asked the question of
whether to eliminate the utility users tax, and recommendeded the new City
Council have a chance to review the issue.
Ms. Elsa Van Leuv i n , 10031 Le s ter fo rd Ave., commented on the financial
difficulties facing families. She agreed the voters should have the option of
rescinding the utility users tax.
{ Mr. Larry Squire, 9546 Metro St., expressed opposition to placing this
issue on the November ballot. He noted that if the tax is placed in the
General Fund, it can be used as a flexible tool in the future to meet financial
hardships in different areas.
Mr. Joel Lubin, 7820 Allengrove St., favored specifying an amount for
Police and Fire Services to keep costs down if this issue is placed on the
ballot.
Ms. Joan Smay, 13338 Castana Ave., questioned the amount of officers hired
and the criteria for hiring and was informed of the staff report figures and
police personnel standards.
Dr. Gary McCaughan, 7918 Eighth St., requested the statements made by
speakers at the April 20, 1992 Study Session be referenced in these Minutes.
The Mayor agreed and it was so ordered. He then questioned the definition of
Public Safety Services, suggesting it could include other Departments such as
Community Services and Community Development.
Ms. Terry Lambros, 9715 Brookshire Ave., commended and concurred with
Council Members Brazelton and Boggs, noting it would be a mistake to place this
issue on the November ballot as it would cause further confusion and expense.
She commented this issue was first approved during a highly emotional time
involving the PACE Warehouse robbery incident and perhaps more thought should
go into whether this tax is really needed for Public Safety.
Council Minutes 4/28/92 -5-
Mr. Joseph Lumsdaine, 9926 Pangborn Ave., mentioned he has formed an
organization, "Downey Taxpayers United" and discussed its purpose. He spoke
regarding a questionnaire circulated by a city employee coalition group to
Council candidates and the lack of public knowledge regarding answers to these
questions. He distributed a letter via the City Clerk to Council regarding the
issue of taxation and alleged violations of the Brown Act.
Council Member Boggs suggested the previous speaker's comments should have
been made during Oral Communications.
Ms. Neville Kilpatrick, 8117 5th St., mentioned she was content to pay her
taxes for public safety protection and commented on police equipment that may
be inoperable.
Ms. Joan Smay, 13338 Castana Ave., questioned whether Mr. Lumsdaine and
Council Member Brazelton are still members of the same law firm. She was
informed Council Member Brazelton had retired from the firm approximately three
years ago.
Council Member Boggs reiterated that the deadline for placing this item on
the November ballot is August 7, 1992; therefore, more review and discussion of
the utility users tax issue should be allowed. She urged this matter be
returned in July for discussion with the new City Council to receive their
input on the matter.
Council Member Riley stated her preference that anytime a public tax is to
be imposed, she would recommend the tax question be voted on by the public.
ORAL COMMUNICATIONS
Mr. Joel Lubin, 7820 Allengrove St., mentioned sighting a Downey Police
Vehicle with the word 'Downey' marked on it and suggested this City recognition
be visible on all Downey police cars.
Mr. Larry Squire, 9546 Metro St., commended the City Manager and staff on
the detailed accounting report of the utility users tax, and Council Members
Boggs and Brazelton for their attempt in tabling this issue at the previous
Study Session. He questioned the procedures followed in passing recent
legislation and discussed the need for answers to be given to questions posed
by the public at Council Meetings. He mentioned his discussion with the City
of Long Beach regarding their utility users tax collections.
Ms. Neville Kilpatrick, 8117 5th St., spoke against placing the utility
users tax issue on the November ballot and mentioned her experience as a worker
on the election board for 20 years.
Mr. Lennie Whittington, 8542 Manatee St., spoke regarding the changing
times involving the number of Closed Session meetings held by City Councils.
Mr. Joseph Lumsdaine, 9926 Pangborn St., spoke regarding previous comments
made during the meeting. Regarding the questionnaire mailed out by a city
employees coalition group, he spoke regarding the need for public answers. He
questioned whether there could be a conflict of interest as a result of
endorsements made by the Downey Police Officers Association and requested
conducting an open public forum with those people who received these
endorsements.
Council Minutes 4/28/92 -6-
t
Council Member Boggs stated Oral Communications is being used as a eJ
political forum and noted she will have comments to make at the appropriate
time.
Ms. Joan Smay, 13338 Castanas Ave., commented on previous remarks made
during this meeting and discussed political contributions.
Mr. Grace Horney, 9102 Angell St., stated that questionnaires are not
improper or uncommon to circulate during an election and noted the very common
and fair practice of relatives working in different sectors of City government.
Ms. Rae Haynes, 7111 Di nwidd ie St., thanked Mr. Joseph Luaisdaine for his
comments.
Dr. Gary McCaughan, 7918 Eighth St., discussed the subject questionnaire
and stated there will be integrity in his election campaign for Council. He
expressed opposition to any type of personal attacking of other speakers. He
commented that as a candidate running for office, anyone can ask him a
question, and it is his prerogative to answer it. He requested more
information regarding the legality of the aforementioned committee named
"Downey Taxpayers United"' and mentioned he will speak to Mr. Luasdaine for
further information.
Ms. Johnette Stickel, 8731 McCallum St., expressed disappointment in the
Oral Communications portion of tonight's meeting. Instead, she suggested
Council focus on revenue sources available to continue programs throughout the
community.
RESOLUTIONS NOT SET FORTH ABOVE
RESOLUTION NO. 5551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
TO CONSOLIDATE THE CITY OF DOWNEY SPECIAL MUNICIPAL ELECTION WITH
THE STATEWIDE G EN ERAL ELECTION TO BE HELD ON NOVEMBER 3, 1992
PURSUANT TO SECTION 23300 ET SEQ. OF THE CALIFORNIA ELECTIONS CODE
The Resolution was read by title only. It was moved by Council Member
Cormack, seconded by Council Member Riley, and carried by the following vote to
waive further reading and adopt:
AYES: 3 COUNCIL MEMBERS: Cormack, Riley, Hayden
NOES: 2 COUNCIL MEMBERS: Boggs, Brazelton
RESOLUTION NO. 5552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE THIRD DAY OF
NOVEMBER, 1992, FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY A PROPOSED BALLOT MEASURE RELATING TO THE UTILITY USERS TAX
The Resolution was read by title only. It was moved by Council Member
Riley, seconded by Council Member Cormack, and carried by the following vote to
waive further reading and adopt:
Council Minutes 4/28/92 _7_
•
AYES: 3 COUNCIL MEMBERS: Cormack, Riley, Hayden 9 1r9 . 9
y,
NOES: 2 COUNCIL MEMBERS: Boggs, Brazelton
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
Mr. Thorson advised that Section 1 of the Resolution has a blank portion
where Council Members may be authorized to write the argument in favor of the
ballot proposition. A Council Member may write the argument against; however
this can also be submitted by anyone, if Council wishes.
Council Member Boggs asked if the Council Member writing the argument
would need to be a seated Council Member at the time of the November election.
Mr. Thorson advised he w i l l review the question and return with this
information at the next meeting.
It was moved by Council Member Cormack, seconded by Council Member Riley,
and carried by the following vote to continue consideration of this Resolution
until the May 12, 1992:
AYES: 3 COUNCIL MEMBERS: Cormack, Riley, Hayden
NOES: 2 COUNCIL MEMBERS: Boggs, Brazelton
ADMINISTRATIVE REPORTS
AGREEMENT FOR ENGINEERING SERVICES TO LOS ANGELES COUNTY DRAINAGE ALLIANCE
Mr. Caton summarized the staff report, noting the City is approximately
nine months away from imposing flood plain management requirements. He
referenced the ten -city study recently completed by the University of
California and their findings. A proposal was made that perhaps the Federal
government errored when calculating the flood depths within the ten cities.
The Alliance cities would like to further review on a technical basis what
these flood depths would be, starting with a smaller study to see if a larger
examination is indicated. Downey's portion of the cost for this review would
be $3,417.
It was moved by Council Member Boggs, seconded by Council Member
Brazelton, and unanimously carried to authorize the City Manager to enter into
an agreement with John Tettemer and Associates, Ltd., for engineering and
planning management services at a cost of $20,500 from the General fund for
said purpose.
Council Member Cormack commended the City Manager in his efforts to
analyze and review the problems associated with the flood plain issue.
AGREEMENT TO PROVIDE SALES TAX REVENUE SERVICE
Mr. Powell summarized the staff report, noting the need for auditing sales
tax reports from the State since errors can occur when allocating sales tax to
cities. If extra revenue is found, the consultant would receive a 15% P ortion
Council Minutes 4/28/92 -8-
9,
of the newly found revenue as compensation on a contingency basis. The firm
also provides the City with information which will enable staff to better
understand its sales tax base.
Mr. Caton noted the common problem of sales tax generated by one City that
is often given to another City by mistake.
It was moved by Council Member Brazeiton, seconded by Council Member
Cormack, and unanimously carried to approve the agreement with Hinderliter, de
Llamas and Associates to provide sales tax revenue services.
Prior to the foregoing vote, Council Member Cormack questioned the $750 a
month fee mentioned in the staff report and was informed the information
service is provided for this cost; however, if no increased sales tax revenue
is found, there would be no monthly fee.
Mr. Lloyd De Llamas, representative of the firm of Hinderliter, de Llamas
and Associates mentioned that in the past, his firm has found approximately a
1.5 percent error rate Statewide among appropriating sales tax revenue.
OTHER BUSINESS: CONSENT CALENDAR - ITEMS REMOVED BY COUNCIL APPROVAL: None.
OTHER BUSINESS: CITY COUNCIL MEMBERS
AD REENI ENT BETWEEN PRIVATE INDUSTRY COUNCIL OF SOUTHEAST LOS ANGELES COUNTY
INC. (PIC) AND THE SELACO POLICY BOARD
Council Member Boggs advised that Mr. Thorson has reviewed the Agreement
between the PIC and the SELACO Policy Board and has some concerns regarding the
document. Therefore, she requested this item be returned at a subsequent
Council meeting, and it was so ordered.
OTHER BUSINESS: STAFF M EN BER S
Mr. Caton mentioned that with the cooperation of the Downey Unified School
District, "Operation Prom Night" which involves the Downey Fire and Police
Departments is scheduled for Wednesday, May 20, 1992 at 10:00 a.m. on
Brookshire Avenue. Basically, this will be a simulation of a major drunk
driving accident.
Chief Mayes elaborated on the subject, noting it is a depiction of what
actually will happen should drunk high school students be severly injured in an
accident, including the use of "Life - Flight" mobility. He mentioned this event
is the result of concerns after the death last year of a Warren High School
student involving alcohol.
The meeting recessed at 10:50 p.m. and reconvened at 11:05 p.m.
APPEAL HEARING - DENIAL OF MASSAGE PERMIT
Mayor Hayden opened a hearing to consider the Appeals of Nan -Pak Wilhelm
and Min Cha Kwon from the Chief of Police's decision to deny renewal of their
massage technicians license.
Council Minutes 4/28/92 -9
r
i
t9,/,„
• Mr. Thomas Reeves, Deputy City Prosecutor, represented the Police
Department. Mr. Robert J. Davis, 23501 Park Sorrento, Calabasas, represented
Appellant Min Cha Kwon. Mr. Joseph T. Vodnoy, 316 West Second Street, Los
Angeles, represented Appellant Nan -Pak Wilhelm.
Following opening statements, presentation of evidence and closing
arguments by all parties, Mr. Thorson announced the closing of the hearing and
the time for Council to make its determination based on testimony given.
It was moved by Council Member Brazelton, seconded by Council Member
Cormack, and unanimously carried to uphold the Police Chief's denial of the
massage permit and direct the City Prosecutor to re are the decision and
-• findings of fact.
P P
ADJOURNMENT: 1:05 a.m.
The meeting was adjourned in memory of Ed Waller, long -time Downey
businessman, and citizens of Guadalajara, who lost their lives in the sewer
explosions occurring in that City to 6:30 p.m., May 12, 1992 in the Council
Chamber of the Downey City Hall.
Judith E. _
. McDonnell , City Clerk :' rba ra J. "71Ti n , -' ayo r
1
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Council Minutes 4/28/92 -10-
ADDENDUM TO
CITY COUNCIL MINUTES OF APRIL 28, 1992
CITY OF DOWNEY
REGULAR MEETING
PARTIAL VERBATIM TRANSCRIPT
Per the request of Council Member Boggs, the following partial verbatim
comments of Mr. Joseph Lumsdaine are included as part of the record in these
Minutes:
ORDINANCES NOT SET FORTH ABOVE: Utility Users Tax, page 6 , paragraph 1:
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Joseph Lumsdaine: I'm not here to represent any clients specifically.
I'm here as a concerned taxpayer. I'm here to, in my
own way, represent the taxpayers and residents of
Downey. I heard one gentlemen ...speak his concern
about midnight maneuvering and if I heard correctly,
secret or private decision- making. I'm very concerned
about that as well because I'm very concerned about
ever - growing costs of city administration and I'm
concerned about decisions that are made without things
being brought into the public. I have formed an
organization and I'm here to tell you, I think most of
you know it, maybe the audience doesn't know it, i t
was frankly formed before you even decided to put this
issue on the ballot. And that organization is named
Downey Taxpayers United. I've applied for a p o l i t i c a l
action ID number with the Secretary of State; I'd be
happy to ...I'll give it right here.. my phone number
i area code 310, 9230971 for everyone who wants to
call me. What's the purpose of our organization? The
purpose of our organization is to see that the Council
Members do not continue to reap more taxes on us and
00..1 spend more money. But one specific purpose was
brought about by a questionnaire that was circulated
by a group of city employees. Now these are people
that our tax money goes to and this questionnaire,
among other things, asks specifically, and I'll tell
you in a second who that questionnaire went to, it
asks specifically what is your position on the utility
tax and that questionnaire went to a number of public
officials, two current members of the City Council,
three members, which is a quorum, of the Planning
Commission. You think the responses t that
t
to a
questionnaire would be made public so that we would
know what these public officials' positions are on
utility tax? No. I've asked the circulators of that
questionnaire, by the way, who circulated that
questionnaire. It's a group calling themselves "City
Employees Coalition ". Their only goal can be to
further there own special interests and that
coalition, that circular, that questionnaire to some
public officials, to city candidates asking them
Page 1 of 4
Lumsdaine (continued): certain issues; one of those was circulated to Mrs.
Boggs and among other things I sent a letter to Mrs.
Boggs asking her specifically would you give me your
responses. I specifically asked Mrs. Boggs, please
tell me, what did you tell the city employees about
your position on these things. To date, I have not
received an answer. That was in writing, I sent it to
her in writing, I sent it to the head of the city
employees group, the City Employees Coalition, more
than two weeks ago saying would you tell me what these
people's responses are; let's not have these positions
in secret; let's have them in public. I haven't
received an answer. That is exactly the type of thing
that I think Mr. Switzer (sp ?) was talking about -
secret agenda, secret meetings, secret decision-
making. I have a letter addressed to Council which I
brought enough copies I will send to the City
Clerk.... the motion is regarding taxation, I think
I'm talking about the issue of taxation and city
spending and city costs and among other things I asked
the City Council and the rest of this I'll save for
Oral Communications, I asked the . City Council to get
an opinion from the City Attorney as to whether or not
the circulation of a secret questionnaire and secret
meetings which this questionnaire asked of meetings
with certain public officials, whether that violated
the Brown Act. I believe it does. I'm an attorney,
I've done some research, I believe it does. Thank
you. I hope I stuck to the issue.
ORAL COMMUNICATIONS: Page 6
Joseph Lumsdaine: ne : I thought there was two curious things I tried p g cu ou s gs a s t o d to }
speak earlier, number one was Mrs. Boggs asked twice
that I not, that perhaps I was not speaking on the
issue when what I was talking about was a
questionnaire that was sent to her back on March 12th
and one of the items on the questionnaire from the
city employees to her specifically asked what are your
thoughts on the city's recently enacted utility tax?
If I didn't get that point across earlier, that's what
I was trying to get across. The other curious thing
was Joan Smay coming up and asking if Mr. Brazelton
was my law partner. I believe she is the same
individual that worked in our law office some years
ago and that we terminated about 5 years ago, but
maybe I'm wrong. On this issue of the city
employees... at least we had a Joan Smay at our
office... the City Employees Coalition, what has
happened is on March 12th a group of city unions
PP � 9 P Y
which indicated they represented some 500 employees of
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Lumsdaine (continued) the City sent questionnaires to all City Council
candidates; it included Mrs. Boggs, it included Mrs.
Riley, it included 3 members of the Planning
Commission. The questionnaire asked, among other
things, and this is very disturbing to me, what the
questionnaire asked among other things was as a
Council person would you agree to consider making your
commission and board appointments from a list of
citizens endorsed by the employee association. That's
a scary thought to me. That to me smacks of Chicago
style politics. What we're having is a group of
people, the city employees, whose wages, salaries,
benefits are controlled by the City Council, and this
group of city employees to say now we want you, if we
are going to endorse you, we want you to agree ahead
of time that you would appoint commission and board
members from those that we, whose salaries you're
going to vote upon, that we approve of. What's even
scarier to me is I have tried for the last month to
find out what these City Council candidates answered,
including Mrs. Boggs, Mr. McCaughan, Mrs. Lawrence...
if she answered it, Mrs. Riley, except the only people
that this group ...thank you .. i f she was sent one, I
don't know ... I can't seem to find out from this group
of city employees coalition who in fact sent in
answers or what their answers were but what's
disturbing me most of all, to me this is an evil force
taking over in our city. We cannot have people who
are employees whose salaries are going to be voted on
by certain people, have them be the same ones that
control the election. Now, speaking of relationships,
I don't know that anybody ever brings up directly that
Mrs. Boggs son is, I believe, on the Downey Police
Department ......am I correct, is that your son? ......
I'm sure you are. I'm proud of him too if he's doing a
good job. But that's not brought up in terms when you
vote for example. Is there a conflict of interest? I
think there would definitely be a conflict of interest
if the people whom the City Employees Coalition
endorse, who has, one of the things the employees
group asked for is 45 minute interviews with these
candidates. Nobody seems to know what is being said at
these meetings, nobody seems to know what these
candidates are promising the City employees group. I
don't know if any of the candidates, including Mrs.
Lawrence, I have the highest respect for Mrs.
Lawrence, I served for four years with her on the
Charter Review Commission, she's somebody I probably
would have supported, and I still may support, if she
ren i gged from any type of endorsement from this group
because this transcends any issue involving
candidates. Did any of you who answered these
questions, sought out he endorsement, ow ha the
endorsement, did a n y you ou rea the bylaws of the
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Lumsdaine (continued): Downey Police Officers Association and know what the
purpose of that Association is? From the second
paragraph of the bylaws, it states the purpose of the
Association is to foster the interest of its members,
that sounds okay, and to promote salaries, benefits,
working conditions of its members. There is another
section of the bylaws that says that the funds of that
organization are to be used solely to further the
interest of its members. So if you get the
endorsement and receive money from the Downey Police
Officers Association, aren't you beholden to them? I
would like those people who have received the
endorsements to meet with me for a public debate on
this issue. You name the time, you name the place,
I'll be happy to talk in the open, we can invite Mr.
Grandolfo, we can invite the City Employees Coalition,
and let's do it in public, not in private meetings
with them. Thank you.
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