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HomeMy WebLinkAboutMinutes-12-24-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 24, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: Minutes, September 9, 1974 Legal Claims (for information) Ref. #192 - 198 Ordinance relating to Dance Floors Resolution #3022, Req. reimbursement of one-half costs to install RR Crossing Gates on Downey Ave. at Crossing #BK495.2 (SS #231) Resolution #3023, re Santa Ana Fwy. Mass Rapid Transit Corridor Resolution #3024, Endorsing Continuation of General Revenue Sharing Program General Warrants #133698-133938 #201051-201074 CC #SS-274, Downey Ave., Imperial to Gardendale - Award of contract & transfer of funds CC #367, Susan Ave. - Award of contract CC #351, Sewer Main, Downey Ave. - Accptnc. of imprvmts. & extra work CC #342, Alley E/o Western Ave. bet. 6th & 7th - Plans, specs, auth. to adv. DIP #662, W/s Lowman Ave. N/o Allengrove - Auth. initiation of Chapter 27 & Sidewalk Matching Funds Increase in rates for towing & storage of vehicles Christmas Parade Comm. request for Budgetary Increase City's contract -for Rubbish Collection - 90-day agreement & final draft for Council & City Atty. review & auth. for Mayor to sign approved contract Feasibility Study for Water Systems Acquis.- Joint meeting with Water Board - City Manager to notify Water Board Change name of Civil Defense Advisory Committee to Disaster Plans Advisory Committee Report on procedure for handling claims Federal Aid Urban System Funds - Follow League of Calif. Cities recommendation Fire Consolidation Study - Auth. Mayor to sign contract w/consultant & approp. funds Non -sale use of wine & champagne in Downey Theatre Green Room complex - one year Meeting adj. to 10/10/74 ACTION: Approved Submitted to carrier Taken under submission Adopted Adopted Adopted Approved Approved Approved Approved Approved PAGE NO. Approved - Dir. Comm. Dev. dir. to send Letter to ppty. owner Approved Authorized Approved Set for 5:30 pm, October loth Approved No action Approved Approved Approved 1 1 2 2 2 2 2 3 3 3 3 3 3 4 5 5 6 6 6 6 6 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 24, 1974 The City Council of the City of Downey held a regular meeting at 8:00 a.m., September 24, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Joseph E. DiLoreto, Donald H. Winton, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Mark Allen, Jr., Acting City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray Lake, Building Official Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Dr. Donald Diegelman, Associate Pastor, United Methodist Church, followed by the Flag Salute led by Councilman Temple. With the assistance of Councilwoman Scotto, Mayor Jennings presented a plaque to Mrs. Beverly Copeland for service on the Library Board. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to approve the Minutes of the City Council Meeting of September 9, 1974. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Communication from Darryl R. White, Secretary of the Senate, regarding More Job Opportunities for American Indians of California. Filed. Communication from Supervisor Peter Schabarum, Los Angeles County, regarding pt of Resolution No. 3015 for Beautification of Rio Hondo and Los Angeles ver LEGAL CLAIMS (for information) Ref. #192, Danny Olson Ref. #193, John Lamont Bayhi Ref. #194, Vincent Polakowski Ref. #195, Vincent Polakowski, Jr. Ref, #196, Karen Sue Polakowski Ref. #197, Juana Polakowski (minor) Ref, #198, Jimmy A. Lynch Mayor Jennings raised questions regarding the procedures for handling legal claims. Acting City Attorney Allen said it is his understanding there has been a study between the City Manager and City Attorney and discussions with the insurance carrier, and as.a procedure, it is recommended that instead of denying the claims prior to investigation, the claims be received at this time and referred to the carrier for report back recommending denial or approval, depending on what the investigation discloses. City Manager Thompson requested the Council to receive the claims and refer them to the insurance carrier. He commented on the past procedure for handling the insurance claims. Discussion ensued. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to submit the Legal Claims to the insurance carrier. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 9/24/74 -1- Councilman DiLoreto requested the Ordinance relating to Dance Floors be taken under submission. He inquired about the status of a memo pertaining to a compila- tion of what other cities have done in this regard. City Manager Thompson replied the information will be forwarded to the Council. Mayor Jennings inquired if there were any objections by the Council to take this matter under submission. No objections were stated. RESOLUTION NO. 3022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING REIMBURSEMENT OF ONE-HALF OF ITS COSTS TO INSTALL RAILROAD CROSSING GATES ON DOWNEY AVENUE AT CROSSING NUMBER BK 495.2 (S.S. NO. 231) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3022. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 3023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO THE SANTA ANA FREEWAY MASS RAPID TRANSIT CORRIDOR The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3023. Discussion followed. AYES: 4 Councilmen: Temple, DiLoreto, Winton, Scotto NOES: 1 Councilmen: Jennings RESOLUTION NO. 3024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING THE CONTINUATION OF THE GENERAL REVENUE SHARING PROGRAM The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3024. Discussion followed. AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings NOES: 1 Councilmen: Scotto It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve General Warrants #133698 - 133938 and #201051 - 201074, $5107372.97. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Cash Contract #SS-274, Downey Avenue, Imperial Highway to Gardendale Street Community Development Director Spindel mentioned the savings involved in the alternate bids by closing Downey Avenue to through traffic during construction, which will also reduce the possibility of potential hazard to motorists. Council Minutes 9/24/74 -2- Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman DiLoreto, and passed by the following vote to award Cash Contract #SS-274, Downey Avenue, Imperial Highway to Gardendale Street, in the amount of the unit prices bid on the alternate bid, to Sully -Miller Contracting Co. of Long Beach, the lowest and best bidder, reject all other bids, and authorize the follow- ing transfer of funds: Amount $19,000 From A/C #26-16152 To A/C #26-16134 AYES: 4 Councilmen: DiLoreto, Winton, Scotto, Jennings ABSTAIN: 1 Councilmen: Temple Councilman Temple abstained from voting because Sully -Miller is a subsidiary of his employer, Union Oil Company. Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to award Cash Contract #367, Susan Avenue, in the amount of the unit prices bid, to Don R. Hess Company of Long Beach, the lowest and best bidder, and reject all other bids. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to accept the improvementsconstructed under Cash Contract #351, Sewer Main, Downey Avenue, and approve extra work in the amount of $1,119.39. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #342, Alley east of Western Avenue between 6th Street and 7th Street. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the initiation of Chapter 27 proceedings for the completion of sidewalk on Downey Improvement Project No. 662, West side of Lowman Avenue, North of Allengrove Street, and approve Sidewalk Matching Funds in The amount of $204. Councilman Temple inquired if the property owner can be given the option of removing the ivy himself. Community Development Director Spindel replied yes. He was then requested to direct a letter to the property owner informing him that he could remove the ivy himself at a savings of approximately $300 and that a copy be forwarded to Councilman Temple. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to approve the Increase in Rates for Towing and Storage of Vehicles, effective October 1, 1974. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Christmas Parade Committee Request for Budgetary Increase Mr. Jim Cox, Downey Christmas Parade Chairman for 1974, answered questions of the Council regarding the proposed budget for the parade. Councilman Temple requested that next year's budget include the balance brought forward. Discussion followed. Council Minutes 9/24/74 -3- It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to authorize an additional $500 for the Christmas Parade available in Account #10-4-1613. AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings NOES: 1 Councilmen: Scotto Mayor Jennings recognized members of senior citizens groups of Downey. Mr. Bernie Menke, representing the Downey Committee on Aging, commented that the population of senior citizens in Downey is in excess of 10,000 and requested the City's assistance in solving certain objectives: Transportating and meeting facilities for the senior citizens. He said as a means of serving all the senior citizens, a transportation survey was circulated to the various groups, and he discussed the results of that survey, a copy of which is on file in the office of the City Clerk. Mr. Manka stressed the need for transportation, a meeting place for senior citizens groups, and low cost apartment housing for senior citizens. He extended an invitation to the Council to attend a social function "this coming Tuesday night". Councilwoman Scotto inquired about the funding of the housing projects. Mr. Manka presented a packet to the City Clerk containing supporting data for his report to the Council_ Mr. Joe Klinglesmith, representing Los Angeles County Department of Senior Affairs stated the Downey Committee on Aging has submitted a letter of intent asking for proposed funds for transportation, and a task force has been formed to determine where the needs are and see what moneys will be available. He indi- cated this would be a pilot project with federal funding, the maximum limit to be three years, and would be done in cooperation with the City to eventually become a community responsibility. City Manager Thompson reported the City's Contract for Rubbish Collection expires at the end of this month. He commented on the current rates and said the City's contractor, Rio Hondo Disposal Company, has requested consideration for a rate increase, which was referred to the Citizens Health d Sanitation Committee. Mr. Thompson discussed the Committee's recommendation and said after subsequent studies by Staff, the following is recommended: 1. That the contractor begin preparation of a general accounting and cost accounting system to reflect accurately the operating costs assignable to the City of Downey and satisfactory to the City; 2. That the contractor provide a field supervisor with authority to represent and make commitments for the company as its agent; 3. That a rate of $2.25 per unit flat rate be billed on a regular quarterly basis and instituted for the coming quarter, beginning October lst, and that bulk items be collected once per month at a $5.00 charge at the request of the individual owner. Mr. Thompson noted this conforms to the contractor's request, and if satisfactory, it is requested the City enter into a long-term agreement with the contractor, with provision for cost adjustments or rate adjustments considering equipment costs, etc., and also consideration being given to the Cost of Living Index. Mayor Jennings declared a recess at 9:28 a.m. The meeting resumed at 9:35 a.m. with all Councilmen present. A discussion followed regarding various approaches toward a satisfactory rubbish hauling contract. Mayor Jennings proposed the acceptance of the terms in Calsan's letter which is $2.30 per month for one year, and that the books must be in order in 90 days and proper supervision must be provided immediately; then insert a 90-day cancellation clause which the City can exercise at any time; also add to the con- tract a clause stating that future increases or decreases will be based not only on cost of living but on inspection of the books to determine whether a legitimate, Council Minutes 9/24/74 -4- non -excessive rate of net profit is being derived; then, if Calsan does not live up to the contract in the next 90 days, the contract be cancelled and a bid package be put together. Mr. Stan Megargee, President of Calsan, addressed the City Council and dis- cussed the hardships of assuming the former rubbish contractor's problems. He answered questions of the Council and commented a short-term contract would make it difficult for him to obtain necessary financing. Councilman Temple requested that senior citizens or people of low income be given a reduced rate; Discussion followed. Acting City Attorney Allen suggested that the Council see and pass upon the contract in its final form before approving it. He also suggested that the Council might consider implementing the Mayor's program by, at the present time, just approving an extension of the present contract for a month or 90 days, and then directing the staff to bring in a contract accomplishing what the Mayor has suggested at the next Council meeting for review by the Council. Mayor Jennings said he understood the attorneys motion and would like to feel assured that every member of the City Council, plus the attorney, reads the contract before he (the Mayor) signs it; that if anybody disagrees, he will not sign the contract. Acting City Attorney Allen said he thinks the motion will be that a contract be approved for a period of six years with the contractor, subject to the con- ditions that the Mayor has outlined, and that such contract, when drafted, approved by the City Attorney, and approved by a majority of the individual members of the City Council, the Mayor will then be authorized to execute the contract on behalf of the City. Councilman DiLoreto made the motion as stated by the Mayor and also as clari- fied by the City Attorney. Councilman Temple seconded the motion. Mr. Thompson asked if the motion includes the items as projected in the Staff report, not inconsistent with the motion. Councilman Temple replied yes. Discussion followed. Roll call vote: AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings bNOES: 1 Councilmen: Scotto Mr. Milton Mackaig of the Health & Sanitation Committee commented on the action of the Council and of the Committee's discussions with regard to receiving bids on the rubbish contract. CITY MANAGER'S REPORT City Manager Thompson reported that pursuant to the Council's request of September 9th, the Feasibility Study for Water Systems Acquisition, as prepared by the firm of Wilsey and Ham, has been reviewed by the Water Board, City Attorney, and City Staff. He said it is Staff's recommendation that it agrees with the con- sultant's conclusions and that the consultant has accurately reflected the situation and performed the agreement in accordance with the request. Further, Mr. Thompson stated, it is recommended the Council take such action as quickly as it deems possible to further the acquisition of these private water companies. Mayor Jennings reminded the Council of the Water Board's request for a joint meeting date with the City Council and consultant in attendance to review the report. A joint meeting of the City Council and Water Board to review the Feasibility Study was set for 5:30 p.m., October 10, 1974, in the Council Chambers of the Downey City Hall. The City Manager was asked to notify the Water Board. Council Minutes 9/24/74 -5- Mr. Thompson commented that since State law has changed the name of Civil Defense to Disaster Preparedness, the Civil Defense Advisory Committee has re- quested its name be changed to the Disaster Plans Advisory Committee. It was moved by Mayor Jennings, seconded by Councilman Temple, and passed by the following vote to approve changing the name of the Civil Defense Advisory Committee to the "Disaster Plans Advisory Committee". AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings - Reporting on the Procedure for Handling Claims against the City, Mr. Thompson noted when a claim is actually filed with the City, it is referred to the in- surance carrier with the notation being made on the next Council Agenda that the claim has been received. He said the claim would be presented to the Council for information purposes with no action necessary at that time until an actual recommendation has been received from the insurance carrier; that at that time, a staff recommendation could also be made available so that the Council would have both the recommendations for a final determination of acceptance or denial. Mr. Thompson indicated it has been the carrier's request that the Council deny all claims. Councilwoman Scotto stated her opposition to a flat denial of all claims. Discussion followed. Acting City Attorney Allen explained why insurance carriers prefer immediate denial of claims by the City Council. He also explained the purpose of the warn- ing notice that must be sent to the plaintiffs as required by the State Legislature. Mr. Thompson reported on studies by the League of California Cities relative to the procedure for handling of Federal Aid Urban System Funds. He said under the Federal Aid Urban System arrangement in Los Angeles County, the League of California Cities has taken a position and has gotten approval of all the necessary agencies involved which includes Los Angeles and Long Beach, the two largest cities over 200,000. Mr. Thompson stated the City of Downey's participation in the Federal Urban Aid System would include Florence Avenue bridge widening over Rio Hondo. He requested that Council approve the League position. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to follow the League's recommendation. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Mr. Thompson explained he was directed by the Council to meet with the Fire Chiefs of the Cities of Downey, Lynwood, and South Gate to secure the services of a consultant to undertake a Fire Consolidation Study. He said the meeting took place and the firm of Ralph Anderson and Associates was selected. Mr. Thompson mentioned that Downey's portion of the study, which is based on population, will be approximately $4400, and he requested approval to enter into a contract. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to authorize the Mayor to sign a contract with Ralph Anderson and Associates to study the feasibility of combining the Fire Departments of Lynwood, South Gate, and Downey, and appropriate funds not to exceed $5,000, assuming the other Cities put up their donation to the fund. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings ORAL COMMUNICATIONS Councilwoman Scotto commented briefly on a 16-passenger bus demonstration in front of City Hall. Mayor Jennings offered a special thanks to the Downey Lions Club for their donation of a double-faced sign to the Downey Art Museum and said the sign will be installed within two -to -three weeks. It was moved by Mayor Jennings, seconded by Councilman DiLoreto, and passed by the following vote to approve the Non -sale Use of Wine and Champagne in the Downey Threatre, Community Green Room complex, for a trial period of one year, Council Minutes 9/24/74 -6- I CPU and at the end of the year, there be a recommendation returned to the City as to the continuation of the policy. AYES: 3 Councilmen: DiLoreto, Winton, Jennings NOES: 2 Councilmen: Temple, Scotto There being no further business to come before the City Council, the meeting was adjourned to 5:30 p.m., October 10, 1974, in the Council Chambers of the Downey City Hall (for the purpose of a study session with the Water Board regard- ing the Water Feasibility Study and any other business the Council desires to consider). Robert L. Shand, City Clerk -Treasurer Council Minutes 9/24/74 -7- Jennings/