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HomeMy WebLinkAboutMinutes-07-27-76-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 27, 1976 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Weed Abatement Assessments Affirmed Minutes, July 13, 1976 Approved Agenda Correspondence Items Filed Denial of Legal Claim, Ref. #283 Approved SS Proj. #309, Gardendale St., Lakewood to Paramount: Cooperative Agreement between Downey & Paramount Approved General Warrants #146000-146237; #202624-202660 Approved Status of Public Works Projects for Fiscal Year 1975-76 Approved Ordinance Amending DMC re Public Welfare, Morals, & Policy Resolution #3320, Designating Horley Ave. a thru street at intersection w/Lubec & Gainford Resolution auth. Execution of Agmt. w/Calif. Dept. of Transportation re Planning in 105 Freeway Corridor Resolution Apprvg. Final Subdiv. Map of Tract #32650 (True Ave. N/o Santa Ana Fwy.) Resolution #3321, Apprvg. Apptmt. of Priscilla Winslow as Member of Recreation & Community Services Comm. SS Proj. #310, Florence Ave. Storm Drain, Lakewood B1. to Birchdale Ave. - Award to Gosh Construction Corp. of Marina Del Rey CC #398, Annual Sidewalk Const. - Award to J.T. Garza Const. Inc. of Montebello Sidewalk Matching Fund 4461 Conflict of Interest Codes Public Parking Lot Information, Downtown & Civic Center Area City Parking Lot #13, E/o Downey Ave. bet. Second & Third Sts. Policy on Liability Insurance Program - Adopt policy of self -insured retentions for liability losses; auth. to City Mgr. & Claims Admin..to settle or deny claims up to $1,000; & all claims in excess of $1,000 require Council action Unclaimed Water Deposits - Transfer amount from Water Fund to General Fund Introduced Adopted Taken under submission indefinitely PAGE NO. 1 1 1 1 1 1 1 2 2 6 Taken under submission to 8/2 2,5 Adopted Approved Approved Approved Hearing set for 8/24/76 No action Taken under submission Approved Approved Analysis of Water Bond Counsel Proposals & Analysis of Financial Consultant Proposals for Water Systems Acquisition Project - Selection of O'Melveny & Myers as Bond Counsel & Dean Witter as Financial Consultant Approved Removal of House at 12341 Dunrobin Ave. - Auth. to advertise for bids on demolition Approved 2 3 3 3 3 3 3 4 4 4 5 Page 1 of 2 COUNCIL MINUTES, JULY 27, 1976 TABLE OF MINUTE ACTIONS SUBJECT: First Year Evaluation of City's Self -Insurance Medical Program Resolution #3322, Apprvg. Memorandum of Understanding w/Firemen's Assn. 1976-77 Resolution #3323, Apprvg. Memorandum of Understanding w/DCEA 1976-77 City Manager to present Teamsters proposal next meeting Wasps & stinging insects Council action to legislative bulletins of League of Calif. Cities Habitation of Recreational Vehicles - Instruct staff to prepare ordinance Comprehensive Zoning Ordinance Drainage problem on Glencliff Dr. E/o Dos Rios Rd. New Animal Control facility Mayor to be in Guadalajara for U.S./Mexico Sister City Convention; then on vacation week of 8/1 Executive Session for personnel matters ACTION• PAGE NO. Information only 5 Adopted 5 Adopted 5 0 Referred to City Mgr. for ordinance 6 Discussion 6 Approved 6 Study sessions to be held August 17th & 18th 7 Referred to City Mgr. for report 7 Discussion 7 7 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 27, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 27, 1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding. PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem - Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Donald Kanaley, Associate Pastor, First Baptist Church of Downey, followed by the Flag Salute led by Councilman Miller. Mayor Scotto welcomed Mr. Henry Oberndorf. Mayor Scotto declared that this is the time and place for the public hearing on Weed Abatement Assessment. She inquired if the Deputy City Clerk had the Proof of Publication, to which the Deputy City Clerk responded in the affirmative. Mayor Scotto inquired if the Deputy City Clerk had received any written protests, and the Deputy City Clerk replied she had not. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the assessments, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to affirm Weed Abatement Assessments. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Consent Calendar: Minutes of Regular City Council Meeting of July 13, 1976. Correspondence from Public Utilities Commission regarding Application of Southern California Edison Company for Tariff providing for Increased Rates. Correspondence from Mr. and Mrs. Steven G. Hite regarding Complaint, Extermination of Wasps. Denial of Legal Claim: Ref. #283, Iver M. Berg. S.S. Project #309, Gardendale Street, Lakewood Boulevard to Paramount Boulevard: Approve Cooperative Agreement between the Cities of Downey and Paramount for the reconstruction of Gardendale Street. General Warrants: #146000 - 146237. #202624 - 202660: $457,922.51. Status of Public Works Projects for Fiscal Year 1975-76. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY REPEALING SECTIONS 4100, 4101, 4101.1, 4102.2, 4120, 4404, AND 4405, ALL OF WHICH SAID SECTIONS RELATE TO PUBLIC WELFARE, MORALS, AND POLICY Council Minutes 7/27/76 -1- The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to introduce the Ordinance. RESOLUTION NO. 3320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING HORLEY AVENUE A THROUGH STREET AT ITS INTERSECTION WITH LUBEC STREET AND GAINFORD STREET The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3320. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION CONCERNING PLANNING IN THE 105 FREEWAY CORRIDOR City Manager Thompson reported Caltrans was contacted regarding the Freeway schedule, and it was indicated that the first time the State could have the Environ- mental Impact Study (EIS) completed would be approximately one year from now, which would give them time to have the court injunction lifted. He noted Downey would be the first order of work to be done; the schedule of work is committed in the Performance Agreement between the City and State; and the Performance Agreement indicates the State will have approximately two years to complete the work. City Attorney Sorensen explained he was informed it would probably be late this year or early next year before Caltrans would submit the EIS to the Federal Government, which has to be approved by the U. S. Department of Transportation. A discussion was held regarding what the study would entail, as well as the proposed cost. Councilman Jennings suggested this be taken under submission until it is determined whether the Freeway will be constructed or abandoned. Mr. Thompson pointed out that the study will provide a basis of what the City should do in the event the Freeway is built. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to take the Resolution under submission indefinitely. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32650, ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS, AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (TRUE AVENUE NORTH OF THE SANTA ANA FREEWAY) The Resolution was read by title only. City Attorney Sorensen advised the letter of credit does not comply with the statutory requirement, and the Council should not proceed at this time. Taken under submission. (See further discussion, Page 5.) RESOLUTION NO. 3321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF PRISCILLA WINSLOW AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3321. Council Minutes 7/27/76 -2- Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to award S.S. Project #310, Florence Avenue Storm Drain Lakewood Boulevard to Birchdale Avenue, in the amount of the unit prices bid, to Gosh Construction Corporation of Marina Del Rey, the lowest and best bidder. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract #398 Annual Sidewalk Construction, in the amount of the unit prices bid, to J. T. Garza Construction Inc. of Montebello, the lowest and best bidder. It was moved by Councilman Jennings, seconded by'Mayor Scotto, and passed by the following vote to approve Sidewalk Matching Fund #461, in the amount of $39.95, at 8325 Fontana Street. Councilman Jennings said a sidewalk policy should be established. Community Development Director Spindel indicated staff is working on a policy, and alternatives are expected to be submitted at the next Council meeting. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to set a public hearing on Conflict of Interest Codes for 7:30 p.m., August 24, 1976, in the Council Chambers of the Downey City Hall. Public Parking Lot Information, Downtown and Civic Center Area. No action required. City Parking Lot #13, East of Downey Avenue between Second and Third Streets It was moved by Councilman Jennings and seconded by Councilman Jackman to make a decision of continuing with status quo on the Parking Lot #13. Councilman Miller stated concern that the easement on the west side could affect the property's value and indicated he would like to see the legal description. City Manager Thompson said it is an ingress and egress easement. Councilman Miller raised questions regarding the continual maintenance of lots in the parking district. Community Development Director Spindel explained maintenance is provided out of the General Fund and parking fees are collected from employees working in the downtown area. He said the financial statement of the cost for maintenance and revenue from parking fees is submitted to the Parking Place Commission annually. Mr. Spindel commented that after a study by staff, the Parking Place Commission designates which area will have permit parking based on demand of businessesrin the area and where it is needed the most. He responded to further questions regarding permit parking in the downtown area. Mayor Scotto stated she would like to see a report regarding the amounts paid for permits and how much the public uses the lots. Councilman Jennings mentioned that in the parking district the merchants paid to help purchase the property and pay for the lots, and now the City is considering purchas- ing a lot for use by the merchants without any cost to them. Mr. Spindel indicated several parking lots were built out of General Funds, so both methods have been used. Mr. Thompson pointed out that the City does pay rent for use of the lot, and if the lot is not purchased, then he is not sure the City should continue to pay the rent. With the consent of the second, Councilman Jennings withdrew his motion. Taken under submission. Policy on City of Downey Liability Insurance Program Finance Director Patton commented on the recommendation for Council to adopt a policy of certain insurance policy limits involving those areas where the City will accept total retention of insured losses and authorize the City Claims Administrator and City Manager to satisfy or deny claims up to certain limits. He said this would facilitate the handling and settling of claims filed in an expeditious manner. Council Minutes 7/27/76 -3- .w Jf W9 Councilman Jennings stated there should be a committee to make the decision to deny or pay a claim. City Manager Thompson indicated his normal procedure would be to rely on department reports and discussion with the City Attorney prior to making a decision on a claim. Mr. Patton advised that every claim would be investigated by the Claims Administra- tor and recommendations would be made. Councilman Jennings said all claims in excess of $1,000 should be acted on by the City Council. City Attorney Sorensen recommended the Council authorize settlement of claims under a specified amount without the necessity of Council action. Mr. Patton explained the Claims Administrator is going to investigate all claims as to whether they should be satisfied or denied, but on claims between $1,000 and $2,500, it is recommended the City Manager approve their settlement, with amounts in excess of that requiring Council approval of the Claims Administrator's investigation and recommendation. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt a policy of self -insured retentions for liability losses as recommended; give authority to the City Manager and Claims Administrator to settle or deny liability claims up to $1,000; and all claims in excess of $1,000 will require City Council action to satisfy or deny. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve transfer of $3,618.05, which is the amount of all outstanding Unclaimed Water Deposits for a minimum of three years from the Water Fund to the General Fund. At this time the Council discussed the and Analvsis of Financial Consultant Pronos r Bond Counsel Proposals tems Acquisition Project Councilman Jennings asked about this matter going to the vote of the people. Councilman Jackman stated the Council approved proceeding with negotiations, but he would still want this matter to go to the vote of the people. City Manager Thompson pointed out that if this cannot be consummated by January, the entire negotiations would have to be called off because there would be a change in the prices quoted. He mentioned the bond market at this time is the most favorable it has been in years, and if this goes to election, it would not be possible to go through preparation of a bond prospectus and all of the work it entails prior to a January date and would run into the risk of higher bond rates after November. Mr. Thompson stated it was his understanding the intent of the Council was to proceed on the basis of a non-pfofit corporation with revenue bonds, with the assurance being that the entire proceeds of water sales would amortize investments made in the water system. Discussion followed. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to approve the selection of O'Melveny and Myers as Bond Counsel and the selection of Dean Witter & Co. as Financial Consultant for the proposed water systems acquisition. Councilman Miller asked about the agreement with the City of Santa Fe Springs. Mr. Thompson stated it has been indicated to Santa Fe Springs that there would not be further discussions until the negotiations for purchasing Southern California and Park Water Companies have been settled. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Removal of House at 12341 Dunrobin Avenue Councilman Jennings raised a question regarding possibility of having the house demolished free for materials. Parks & Recreation Director Neavill indicated the recommendation for demolition should be to grant authority to advertise for bids. He noted that if consideration is given to the owner on the south to purchase six -to -ten feet of this property at the appraised value, it would more than compensate what the City would pay for demolition. Council Minutes 7/27/76 -4- Discussion followed. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to grant authority to advertise for bids on demolition of house at 12341 Dunrobin Avenue. First Year Evaluation of Citv's Self -Insured Medical Proaram. Presented for information only. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32650, ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS, AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (TRUE AVENUE NORTH OF THE SANTA ANA FREEWAY) City Attorney Sorensen pointed out the letter of credit is not sufficient, and he made suggested changes to the resolution. He said this has never been recommended in the past because it is not advisable if the necessary bond letter of credit is not available. Mr. E. E. Yoder, 2555 E. Chapman, Fullerton, said a letter of credit was submitted, which was felt to be acceptable to the City. He asked the Council to approve the resolution contingent upon correction in the letter. The Council deferred action on the Resolution to August 2, 1976, to allow the subdivider to obtain a proper letter of credit. Commenting on the subdivision, Councilman Jennings said the City will be accepting dedications of easements from cul-de-sacs, and he asked if proper drainage for those streets will be paid for by the subdivider or the City. Community Development Director Spindel replied the subdivider will pay for the drainage. Also, he said there will be a six-foot, storm drain easement, and the subdivider will be required to build a sound barrier wall between the homes and the freeway. Councilman Jennings asked to see the road plans before the next meeting. Mr. Yoder explained the drainage easement is a ditch, and the cul-de-sacs will drain into the ditch, which empties into the river. Councilman Jackman left the meeting at 9:13 p.m. Councilman Jennings left the meeting at 9:15 p.m. It was moved by Councilman Greene and seconded by Mayor Scotto to approve the Memorandum of Understanding with the Downey Firemen's Association. Councilman Jennings returned to the meeting at 9:17 p.m. RESOLUTION NO. 3322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY FIREMEN'S ASSOCIATION FOR THE FISCAL YEAR 1976-77 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3322. AYES: 4 Council Members: Greene, Jennings, Miller, Scotto ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY CITY EMPLOYEES' ASSOCIATION FOR THE FISCAL YEAR 1976-77 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. Council Minutes 7/27/76 -5- 9 It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3323. Councilman Jackman returned to the meeting at 9:20 p.m. Discussion was held regarding disability payments. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Mayor Scotto said the Council will recess to executive session to discuss personnel matters. City Manager Thompson advised that the Teamsters have voted down the second proposed agreement, and he has informed them he will be submitting a proposal to the Council at its next meeting. ORAL COMMUNICATIONS Mr. Henry Oberndorf, 9731 E. Imperial Highway, conveyed his appreciation through the Fire Chief for assistance he received from the Paramedics. Mr. Steven Hite, 8106 Comolette Avenue, addressed the City Council regarding his recent problem with wasps and of the detrimental effects of a wasp or bee sting. He commented on the difficulty he had in getting the wasps exterminated because the City does not have an ordinance covering this. City Attorney Sorensen said it is held that a bee or wasp is a wild and vicious animal. Following discussion, this matter was referred to the City Manager for an ordinance concerning stinging insects. Councilman Greene asked if the School Board has taken any further action on the Rives School. City Manager Thompson said the School Board must first advertise sale of the pro- perty, which will take approximately three weeks as required by the State Education Code. He indicated he is proceeding with arrangements and looking into the agreement and escrow. Councilman Greene asked about Council action to legislative bulletins of the League of California Cities. Mayor Scotto said if there is an item of concern by a Council Member, the City Manager should be notified so that a letter can be prepared for the Mayor's signature. Mr. Thompson explained staff reviews the legislative bulletins as they are received, and if it is felt the City should join in specifically where the League is requesting aid, a letter or telegram is prepared for the Mayor's signature. Mayor Scotto asked that extra copies of the responses be circulated to the Council. Councilman Greene inquired regarding current status of an ordinance concerning habitation of recreational vehicles. Police Chief Morgan indicated he would like an expression from the Council on this because there have been reports of people living in motor homes and trailers. He said since the City does not have an ordinance covering this, it is felt the Council might want to advise staff to prepare and bring back an ordinance to include that no trailer or motor home shall be used for human habitation while parked in the public right-of-way. Discussion followed regarding the 72-hour parking limit and policies established by other cities. Chief Morgan suggested the Council might want to look further into setting the size of large motor homes parking on the streets, which he feels are a vision hazard. City Attorney Sorensen advised that if the Council wants to prepare an ordinance regulating parking of large vehicles on the street, it should relate to a particular size of vehicle in a particular zone. It was moved by Councilman Greene, seconded by Mayor Scotto, and passed by unanimous vote to instruct staff to prepare an ordinance concerning habitation of. motor vehicles. Council Minutes 7/27/76 -6- Councilman Jennings asked about setting study sessions and public hearings on the Comprehensive Zoning Ordinance. Mayor Scotto stated August 17th and Lath are open dates for all of the Council Members. Councilman Jennings mentioned he will have approximately 80 questions to ask on the Ordinance. City Attorney Sorensen outlined a procedure whereby Council can hold study sessions to take up any matters it considers controversial; then a public hearing can be held with another study session after that. Study sessions on the Comprehensive Zoning Ordinance will be held on August 17th and 18th. The City Manager will prepare an agenda for the Council. Councilman Jennings mentioned that Clark County, Nevada, had adopted Downey's format for Program Budget and Performance Report. Councilman Miller noted a drainage condition on Glencliff Drive east of Dos Rios Road, which is creating a serious traffic problem. He said he would like to see some- thing done to solve the hazardous situation and alleviate the problem to the property owners. Mayor Scotto asked why this high priority situation has not been alleviated. Community Development Director Spindel replied that his department operates on a restricted budget. Councilman Miller asked for a report back on this matter. Mr. Thompson said a study will be made. Mayor Scotto pointed out that the Animal Control Authority is anxious to build another animal control facility and would like to know the City's feeling regarding using the property north of the Santa Ana Freeway. Mr. Thompson replied he met with a group of residents from that area, they viewed the County pound, SPCA, and Southeast Animal Control facility, and discussed the de- tails involved. He said an elevation of the proposed facility is being prepared by a member of the engineering staff, and as soon as that is completed the residents will be contacted for another meeting to discuss the elevation and any concerns they might have. Then, he will be in a position to make recommendation to the City Council regarding disposition of that land. Mayor Scotto informed the Council she will be leaving for Guadalajara tomorrow (July 28th) for the U.S./Mexico Sister City Convention. Then, she will be on vacation the week of August 1st. At 10:25 p.m. Mayor Scotto recessed the meeting to executive session to discuss personnel matters. The meeting resumed at 12:24 p.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 12:24 p.m. Jeanne/Coot,-Deputy City Clerk -Treasurer F HazeV Y. Scotto, Mayor Council Minutes 7/27/76 -7-