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HomeMy WebLinkAboutMinutes-02-28-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 28, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Hearing on Revocation. of Permit of Hong Sik Park - Osaka Oriental Health Spa Removed from Agenda 1 Resolution #3507, Ordering Annexation to City Ltg. Dist. (Annex. 78/1, Eucalyptus St.) Adopted 1 Minutes: Regular Meeting, February 14, 1978; Adjourned Regular Meeting January 24, 1978 Approved 2 Corres. from Compton re Protesting Proposed Change in method of distr, of fines & forfeitures by County Filed 2 Corres, from E1 Monte re PUC Rate Increases & Impact on Consumer Filed 2 Denial of Legal Claim: Ref. #358 Approved 2 CC #SS-316, Woodruff Ave.: Plans, specs & auth. to advertise (A/C #26-16178) Approved 2 General Warrants: #158535 - 158869 #204345 - 204389 Approved 2 Ordinance repealing Sec. 9226.3 DMC re Map Checking Fees Introduced 2 Resolution #3508, Ord. Dir. Comm. Dev. to make Report ;Annex. 78/2 thru 78/20) Adopted 2 Report, Annex. 78/2 thru 78/20 Received & filed 2 Resolution #3509, Decl. Intention to Annex to City Ltg. Dist. (Annex. 78/2 - 78/20) Adopted 2 Resolution #3510, Auth. Reduction of Parking Spaces (10909 New St.) Adopted 3 Resolution #3511, Listing Officers & Polling Places for Gen. Municipal Election to be held on Tuesday, llth day of April, 1978 Adopted 3 Resolution #3512, Apprvg. Reappointment of Richard Allen as Member of County -Downey Regional Public Recreation Area Comm. Adopted 3 Resolution #3513, Req. Federal Dept. Transp. to expedite apprvl, of EIS for I-105 Fwy., & Req. Calif. Dept. Transp. to construct a Public Transitway in I-105 Fwy. Median & Urging Compl. of Multi -Modal Transp. Facility be Expedited Adopted 3 Resolution #3514, Opposing Recent Change in Method of Distr. of Fines & Forefeitures by L.A. County Adopted 3 CC #427 Pro Shop Annex., Rio Hondo Golf Course: Accept bids & award to R. A. Stillman Const. of Downey (A/C #52-17520) Approved 4 CC #416, Street Imprvmts. on Vista Del Rio Ave. & Stoakes Ave.: Award to Sully .Miller (A/C #71-15009) Approved 4 Amendment to Coop. Agmt. for Safety Light Conversion, Florence Ave. UTC Proj. (A/C #26-16198) Approved 4 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 28, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Acquisition R/W, for total of 26 ft. roadway, w/retaining wall at 9612 Birchdale Ave. & 'transfer of funds Appeal, zone Variance #5, 8515 Cherokee Dr. Agreement for SE L.A. Juvenile Diversion Program Unemployment Insurance. Election of Individual Reimbursement Account for City & auth. staff to notify administering agency Request for staff report re cost to install self -opening doors at Library to accommodate disabled citizens Discussion re Jarvis Amendment Information concerning Charter Amendment to raise limit on force account work from $2500 to $10,000 Resolution for Legislative Amendment re Publication of Ordinances by title instead of entirety Verbal report re success of Community Garden at Imperial School Executive Session Meeting adjourned to 5.00 p.m., March 13, 1978 ACTION. PAGE NO. Approved 4, 5 Hearing set for 3/14/78 5 Approved 5 Approved 5 I To be submitted next meeting 6 Possible subm. next meeting 6 3 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 28, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 28, 1978, in the Council Chamber of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT- Council Members: Kenneth J. Miller William L. Greene Mayor Pro Tem Theodore H. Jackman Hazel N. Scotto Richard M. Jennings Mayor ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance William F. Martin, Police Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Human Services Coordinator Lyle Wilkinson, Battalion Chief Jim Child, Maintenance Superintendent, Parks & Recreation Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Gary Nielan, First Baptist Church of Downey, followed by the Flag Salute led by Councilman Miller. HEARINGS The hearing on Revocation of Permit of Hong Sik Park for Osaka Oriental Health Spa was removed from the Agenda. Mayor Jennings declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 78/1 Eucalyptus Street between Brookshire Avenue and Birchdale Avenue. He inquired if the City Clerk had the Affi- davit of Posting and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the Annexation, and there was no response. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed by unanimous vote to close the hearing. RESOLUTION NO. 3507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY _..._. ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 78/1 EUCALYPTUS STREET) The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3507. REMOVAL OF ITEMS FROM CONSENT CALENDAR: None. CONSENT CALENDAR It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the Consent Calendar: Council Minutes 2/28/78 -1- 14, 1978 0&% Correspondence from City of Compton regarding R Change in method of Distribution of Fines and F Los Correspondence from City of El Monte regarding Public Utility Commission Rate Increases and Impact on the Consumer. Denial of Legal Claim2 Ref. #358 Alvnn Wilson. Cash Contract #SS-316, Woodruff Avenues Plans and specifications and grant authority to advertise for bids (Account #26-16178). General Warrants. #158535 - 158869, #204345 - 204389e $814,726.74. AYES- 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings ORAL COMMUNICATIONS. Items not on Agenda. None. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 9226.3 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO MAP CHECKING FEES The Ordinance was read by title only. It was moved by Councilwoman Scotto, seconded. by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance. RESOLUTIONS RESOLUTION NO. 3508 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATIONS 78/2 THROUGH 78/20) The Resolution was read by title only. It was moved by Councilman Greene, seconded. by Councilwoman Scotto, 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. 3508. Mr. Spindel reported on the number of lights to be installed. He said the annual operating cost will be $2,998 08; the tax rate per $100 assessed valuation for Zone I will be .1647C, and Zone II will be .2516C. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and so ordered to receive and file the Report. Councilman Miller noted one of the locations involved is the Apollo Park Neighborhood Center, and he asked how the assessment would be paid. Mr. Spindel explained it would be placed in the district for record purposes, but City properties do not pay any assessment. Councilman Miller requested a report of the number of City lights in the light- ing district. Mr. Spindel said the report can be provided at the time of the hearing. RESOLUTION NO. 3509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THESE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 78/2 THROUGH 78/20) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and so ordered to waive further reading. Council Minutes 2/28/78 -2- It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3509. RESOLUTION NO. 3510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A REDUCTION OF PARKING SPACES (10909 NEW STREET) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3510. RESOLUTION NO. 3511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY LISTING OFFICERS AND POLLING PLACES FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY THE 11TH DAY OF APRIL, 1978, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3511. RESOLUTION NO. 3512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF RICHARD ALLEN AS A MEMBER OF THE LOS ANGELES COUNTY-DOWNEY REGIONAL PUBLIC RECREATION AREA COMMISSION The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3512. RESOLUTION NO. 3513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE FEDERAL DEPARTMENT OF TRANSPORTATION TO EXPEDITE APPROVAL OF THE ENVIRONMENTAL IMPACT STATEMENT FOR THE I-105 FREEWAY, AND REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A PUBLIC TRANSITWAY IN THE I-105 FREEWAY MEDIAN AND URGING THAT COMPLETION OF THIS MULTI -MODAL TRANSPORTATION FACILITY BE EXPEDITED The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3513. Councilwoman Scotto pointed out that the Council several years ago favored a grade separation proposal by Caltrans. AYES. 4 Council Members. Miller, Greene, Jackman, Jennings NOES. 1 Council Member. Scotto RESOLUTION NO. 3514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE RECENT CHANGE IN METHOD OF DISTRIBUTION OF FINES AND FORFEITURES BY LOS ANGELES COUNTY The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3514. Council Minutes 2/28/78 -3- Mr. Thompson commented on the Attorney General's opinion rendered in 1970 which is subject to interpretation, and he noted this would make a tremendous difference in the City°s revenue picture up to as much as $40,000 a year. He suggested that with the Coun.cil's permission, he would explore with other cities the possibility of a legislative change to correct this. Mr. Thompson stated the payment of fines come about as a result of the City"s action in making arrests, and it can be contended that cities are the initiators of the process and should be involved in the distribution of moneys. He pointed out that now, the City receives 11 percent and the County re- ceives 89 percent. Under the new distribution, the City would receive nothing, Mr. Thompson also suggested contacting the Legislative Representatives to have this amended. Chief Martin explained the only real change is on walk-in cases where individuals voluntarily pay fines on non -arrest traffic warrant cases. He said if an arrest does occur and an individual is taken to jail, then the City would receive a share of the forfeitures, but if an individual voluntarily pays his fine on a warrant, the City would receive nothing —it would all go to the County. Mr. Thompson indicated he would like to contact the other cities in helping to draft legislation correcting this. No objections were stated by the Council, AYES- 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings CASH CONTRACTS It was moved by Councilman Greene, seconded by Councilman Miller, and passed by unanimous vote to accept the bids and award Cash Contract #427, Pro Shop Annexation, Rio Hondo Golf Course, in the amount of the unit price bid, to R. A. Stillman Construction of Downey (Account #52-17520). It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to award Cash Contract #416, Street Improvements on Vista Del Rio Avenue and Stoakes Avenue, in the amount of the unit prices bid, to Sully -Miller Contracting Co. of Long Beach (Account #71-15009). Councilman Miller asked if all of the property owners have been contacted con- cerning the bid price being higher than the City's estimate. Mr. Spindel replied yes, they were contacted by mail. Councilman Greene asked if there is a time limit for those property owners doing the work themselves, Mr. Spindel said yes because it is a Chapter 27 proceeding. AYES. 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve an Amendment to the Cooperative Agreement for Safe Liqht Conversion, Florence Avenue Uniform Traffic Control Proiect (UTC) (Account Mr, Spindel explained this would be replacing the mercury vapor lights at the intersections with high pressure sodium lights. Mayor Jennings objected to having the high pressure sodium vapor lights at intersections and leaving the mercury vapor lights in the middle of the block. He suggested contacting the Edison Company to arrange for installation of the high pressure sodium vapor lights all along Florence Avenue at the same time, Mr. Spindel stated the Edison Company has agreed to that, however, there is no formal agreement. AYES- 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings It was moved by Councilwoman Scotto and seconded by Councilman Greene to approve ten feet acquisition of right-of-way, for a total roadway width of 26 feet, along with a retaining wall at new frontage of property at 9612 Birchdale Avenue and trans- fer $10,000 from Account #26-16194 to Account #26-16199. Councilman Jackman made a substitute motion to approve the acquisition of six feet right-of-way as originally discussed. The substitute motion was seconded by Councilman Greene. Councilman Miller indicated he is opposed to opening the street. Council Minutes 2/28/78 -4- Mr. Spindel pointed out the wider the street the better, and 26 feet would give almost the equivalent of a normal residential street with parking on one side. He mentioned the property owner at 9612 Birchdale is 83 years old and has agreed to the appraised value on the acquisition of ten feet, and if it is changed back, there could be some problem in negotiating further with the property owner. Mayor Jennings said the retaining wall is not needed, Mr. Spindel noted the property owner specifically requested the retaining wall. Chief Wilkinson stated the Fire Department would favor a wider street because of the width of the fire apparatus and easier access. Mayor Jennings indicated this would be setting a precedent in the City of Downey because it should be an exchange of right-of-way for the improvements. Discussion followed. Roll call vote on the substitute motion. AYES. 2 Council Members. Greene, Jackman NOES. 3 Council Members. Miller, Scotto, Jennings Substitute motion failed. Roll call vote on the original motion. AYES. 4 Council Members. Greene, Jackman, Scotto, Jennings NOES. 1 Council Member. Miller Mr. Spindel said a negative declaration will have to be processed and should be back to the Council on March 28th. There being no objections, the hearing on Appeal to Zone Variance No. 5 8515 Cherokee Drive„ was set for 7.30 p.m., March 14, 1978, in the Council Chamber of the Downey City Hall. Mr. Sorensen explained that on the Birchdale Avenue Barricade, the Council must follow the provisions of the California Environmental Quality Act, and whether or not the declaration is negative would depend on the next steps taken. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to approve the Agreement for Southeast Los Angeles Juvenile Diversion Program. CITY MANAGER'S REPORT Mr. Thompson stated the City has received an extension to March 13th in which time the Council must take action on the Unemployment Insurance. He said after a great deal of study staff has concluded that the Individual Reimbursement Account method of financing the City°s contribution would be the most economical for the City. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the election of the Individual ReimbursementAccount for the City of Downey and authorize staff to notify the administering agency. Discussion followed. Mr. Thompson pointed out that under the other methods of financing available to the City, there are similar risks the City would be faced with. Mr. Wynne stated the City°s consultant will be recommending policy changes on anything that would adversely affect the Unemployment Insurance. Discussion followed regarding the recommended method of financing as compared to the Local Public Entity Employees Fund, Method III, and the interest the City would derive from the State Investment Pool. Mayor Jennings indicated he has a great deal of knowledge regarding employment, and he feels strongly the Council should vote for Method III. Mr. Thompson explained he has checked other sources, and one of the problems with Method II is that it is most likely going to be funded by a special district and small employment groups, where a few claims could easily run them over their accounts. He said he has been informed that many of the larger cities are going to go with the self -rated plan. Council Minutes 2/28/78 -5- ,. -cZrtf,n Further discussion ensued„ X: , 0 Councilman Jackman questioned how the $40,000 a year, or $120,000 for three years, was arrived at, Mr. Wynne replied the City's personnel records were used, and although he is not certain of the methodology used to arrive at the $40,000, that figure is con- sidered to be a conservative estimate, Mr. Thompson and Mr. Wynne responded to further questions of the Council. AYESs 4 Council Members. Miller, Greene, Jackman, Scotto NOES. 1 Council Members Jennings ORAL COMMUNICATIONS Councilwoman Scotto requested a report from staff concerning the cost to install self -opening doors at the City Library to accommodate disabled citizens. She then inquired regarding the status of hiring a Personnel Officer. Mr,. Thompson explained this is being adequately handled by the assistant in his office. He pointed out the potential effect of the Jarvis Amendment should be con- sidered because if it is passed the City will have to reassess all of its operations. Mayor Jennings stated he has discussed the Jarvis Amendment with the City Planner who has some recommendations for the Council, Mr,. Goggin said alternatives have been discussed for consideration if the Jarvis Bill is passed. Some of the alternatives are City income tax, City utility tax, and an increase of all fees and licenses. Mayor Jennings asked if the Jarvis Amendment would make nul and void Downey's ability as a Charter City to reinvoke the Utility Users' Tax. Mr. Thompson stated many possibilities have been considered in studying the ramifications of the proposed Amendment, and it is also possible Charter Cities would not be affected. He said a number of recommendations will be submitted to the Council prior to the June election, including the effect this could have on the City's activities. Discussion followed. Mr. Spindel commented at the last City-wide Election there was a Charter Amend- ment on the Ballot concerning the Limit on Force Account Work, which is the amount of work that can be done by City forces or by informal contract without going out to formal bid. That ballot measure failed, and he said the $2500 limit has now been in effect since the City incorporated, Mr. Spindel indicated he will be preparing for the next Council meeting another Charter Amendment proposal in order to qualify in time for the June Primary. The amount requested would be $10,000. It was noted the amount of force work that can be done by General Law Cities is $5,000. Mr. Shand also stated he hopes to have an amendment on the June Ballot concern- ing Publication of Ordinances by Title instead of in their Entirety. He said he will submit a resolution to the Council next meeting, and if adopted, it will be forwarded to the Legislators, Mr. Mike Huggins, 13207 Demming, addressed the Council regarding the success of the Community Garden at imperial School. He announced that all of the available sites are filled, there is a waiting list, and the program involves a wide spectrum of the community's population. He acknowledged the efforts and enthusiasm of Mr. Jim Child, Maintenance Superintendent in the Parks & Recreation Department, who has put the program where it is today. At 9207 p.m„ Mayor Jennings recessed the meeting to Executive Session to discuss pending litigation. The meeting resumed at 9.45 p.m, with all Council Members present. The Council then discussed how to handle staff letters to legislators regarding current issues and the manner of circulating memos, At 10005 p.m„ the meeting was adjourned to 5:00 p.m., March/1,3, 1978, in the Council Chamber of the Downey City Hall, Robert Lo Shand, Ci y Clerk -Treasurer , ch d�M. Jennings,//Mayor / Council Minutes 2/28/78 -6-