Loading...
HomeMy WebLinkAboutMinutes-11-28-79-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL.. OF THE CITY OF DOWNEY. ADJOURNED REGULAR MEETING NOVEMBER 28, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Correspondence from Pacific Telephone & Telegraph re Appl. to PUC f/rate increase Filed Correspondence from Senator Hayakawa acknowledging Downey's Res. re Transporta- tion of Hazardous Materials Filed Rejection of Legal Claim: Ref. #448 Approved S.S. Project #342, Gallatin Rd., Stewart & Gray Rd., & Brookshire Ave.: Plans & specs & auth. Dept. Comm. Dev. to advertise Approved CC #445, Air Conditioning at Apollo Park Neighborhood Center: Accept work performed General Warrants: #179047 - 179403 #206332 - 206383 Ordinance #610, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #146) Ordinance amending Sec. 4556 of Mun. Code re Religious Solicitations Ordinance amending DMC adding Sec. 4509 re Charitable Solicitations Approved Approved Adopted Introduced as amended Introduced as amended Resolution #3740, Calling & Giving Notice of Gen. Mun. Election on Tuesday, 8th day of April, 1980 & for subm. of Charter Amendment Adopted Resolution #3741, Requesting County Registrar render services in General Mun. Election April 8, 1979 Adopted Resolution #3742, Establishing compensation for Election Officers & Polling Places in General Mun. Elections of City Adopted Removal of Drainage Culvert W/o Richeon bet. Quill & Hondo: Appropriation Downey Museum of Art Agreement: Accept revised recommendation approved by City Attorney f/agmt. bet. City & Downey Museum of Art, Inc. Bids on Banking Services: Grant bid for 1-year only to low bidder as presented & put entire package out to bid in 1 yr. instead of 3 yrs., subj. to acceptance of low bidder - If not accepted come back to Council; also 90-day written cancellation clause Status of Hospital Contract Approved Approved Approved City Manager to report back Req. to increase speed limits on Rives bet. Florence -Imperial & Brookshire bet. Florence -Cherokee Ref. to Traffic Comm. Req. for study of intersection at 2nd & Paramount - also Vultee at Florence Ref. to Traffic Comm. Part-time Prosecutor City Manager to report back PAGE NO. 1 1 1 1 1 1 1 2 2 3 3 3 3 3 5 5 5 5 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING NOVEMBER 28, 1979 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., November 28, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT: Council Members: Milton R. .Mackaig Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT: Charles W. Thompson, City Manager Carl K. Newton, Acting City Attorney Howard Stup, Director of Community Development Ronald W.',Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F_ Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Thomas Tincher, Housing & Redevelopment Coordinator Robert L.Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend John C. Wetzel, Christ Lutheran Church. The Flag Salute was led by Councilman Swearingen. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Correspondence from Pacific Telephone & Telegraph Co. regarding Application to Public Utilities Commission for rate increase. Correspondence from Senator S. I. Hayakawa acknowledging receipt of Downey's Resolution regarding Transportation of Hazardous Materials. Rejection of Legal claim: Ref. #448, Betty Jean Steen and Jennifer Steen, a minor. S.S. Project 4342, Gallatin Road, Stewart & Gray Road and Brookshire Avenue: Plans and specifications and authorize the Department of Community Development to advertise for bids (Account #26-16213, 14, 15). Cash Contract #445, Air Conditioning at Apollo Park Neighborhood Center: Accept the work performed under contract for installation of an air conditioning system (Account #28-20300). General Warrants: #179047 - 179403; 0206332 - 206383: $1,271,136.01. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller ORAL COMMUNICATIONS (Items not on Agenda) None. ORDINANCES ORDINANCE NO. 610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 307, ZONE CHANGE CASE NO. 146) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. Council Minutes 11/28/79 (adjourned) -1- It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 610 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MUNICIPAL CODE TO REVISE THE LIMITATIONS ON RELIGIOUS SOLICITATIONS (see revised title this page) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman and seconded by Councilman Swearingen to introduce the Ordinance. Responding to questions, Chief Martin explained it was considered necessary to bring the City`s two Ordinances in conformity with one another as to age limitations and hours. This, he said, is also the result of several contacts by church groups who have indicated their best support is from young adults and youth groups in terms of solicitation of funds. The age limit of 14 is subscribed to by the State. Councilman Mackaig asked if the Council concurred, would the Police Chief object to raising the age limit to 16? Chief Martin replied no. Discussion followed. The motion and second to introduce the Ordinance were withdrawn. It was moved by Councilman Mackaig, seconded by Councilman Greene, and passed by unanimous vote to amend the Religious Solicitation Ordinance to 16 years of age instead of 14. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4556 OF THE MUNICIPAL CODE RELATING TO RELIGIOUS SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to introduce the Ordinance as amended. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to amend the Charitable Solicitation Ordinance to 16 years of age instead of 14. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ., AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 4509 RELATING TO CHARITABLE SOLICITATIONS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive furtherreading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to introduce the Ordinance as amended. RESOLUTIONS RESOLUTION NO. 3740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE EIGHTH DAY OF APRIL, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PRO- VISIONS OF THE CHARTER OF THE CITY OF DOWNEY AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED AMENDMENT TO THE CHARTER OF SAID CITY Council Minutes 11/28/79 (adjourned) -2- The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to, adopt Resolution No. 3740. A discussion was held regarding the proposed Charter Amendment for combining the City election with the State primary. Mr. Shand commented there will be a delay in knowing the election returns, but there is a slight monetary savings indicated. AYES: 3 Council Members: Jackman, Swearingen, Greene ABSTAIN: 2 Council Members: Mackaig, Miller RESOLUTION NO. 3741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF DOWNEY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 8, 1979 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3741. RESOLUTION NO. 3742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ESTABLISHING COMPENSATION FOR ELECTION OFFICERS AND POLLING PLACES IN THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF DOWNEY - The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3742. MISCELLANEOUS ACTIONS It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve Removal of a Drainage Culvert west of Richeon Avenue between Quill Drive and Hondo Street and appropriate $8,000 from Unappropriated General Fund balance to Account #40-13967. Downey Museum of Art Agreement It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to accept the revised recommendation as approved by the City Attorney for the agreement between the City of Downey and the Downey Museum of Art, Inc. Councilman Mackaig referred to Page 3, Paragraph C.1, and objected to the City providing an interior janitorial service at the Museum. Mr. Neavill explained at the time the building was deeded to City it was felt the City should maintain the interior in order to make sure the building would last as long as possible. He said there is a regular custodian who maintains the other two park buildings, and considering the use of the building, except for major exhibits, it has not necessitated the custodian having to maintain the in- terior more than once a week. Councilman Greene also pointed out it was felt someone working for the City would be trustworthy. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller Council Minutes 11/28/79 (adjourned) -3- Bids on Banking Services It was moved by Councilman Mackaig and seconded by Councilman Swearingen to reject the bids received from the City's banking establishments and to call for a re -bid. Mayor Miller inquired regarding the reason for the rejection. Councilman Mackaig replied he was informed by the local banks that the reason they did not bid was because they felt there would be harassment from the City. Mr. Thompson indicated he had no personal knowledge of a statement made by any member of a local bank, or'any other bank, that they were concerned about harassment. He commented that the method and procedure for doing public business is a matter of public record and is based upon the legal principal governing the deposit of public funds. The control and handling of public funds is a public trust and must be performed in an appropriate and careful manner. Mr. Thompson said during the time he has been with the City the City's finances have been com- pletely reorganized, and he believes the accounting', system conforms to all of the principals of the Municipal Finance Officers Association of the United States. He commented that the City's bid documents were submitted to the Council and initialed by each Council Member. The bid documents were then sent to all of the banks along with an invitation for any bank who wished to come in and discuss them with staff. One local bank did not respond, and he personally called that bank and indicated the City's willingness to seek an active participation in the bid process. Another local bank indicated it did not bid because it felt it could not handle the account. Mr. Thompson explained the City is not concerned with who gets the bids so long as that bank can meet all of the requirements to cover the City's funds as a trust and through a depository agreement as required by law. Mr. Newton advised there is no legal restraint', on the City rejecting all bids and seeking new bids. Councilman Jackman said inasmuch as the banks have bid, he would like to pro- pose a compromise to put this out for re -bid in one, year and then have it be every three years after that. He mentioned he talked to Mr. Wanamaker about the feeling of harassment, and Mr. Wanamaker indicated he did not feel that way but his staff did. Councilman Swearingen mentioned he, too, talked to Mr. Wanamaker and that is what was indicated. He concurred with the compromise. Councilman Greene also concurred. Commenting on the bid documents, Mr. Leege said it was indicated this could take effect approximately January 1st and continue for three years. Mr. Newton explained that if the bid is not based upon specifications pro- viding for a three-year period, then the acceptance to the proposed compromise would not be responsive to that bid. He said the Council can adopt the proposed Resolution modified to a one-year period subject to acceptance by the low bidder. A discussion was held regarding including a cancellation clause in the agreement. Councilman Jackman stated it should be known whether it is a concensus of the Council to go for the one-year contract. Mayor Miller and Councilman Greene said they agreed. Mr. Thompson stated for the record that he personally does not have any busi- ness dealings whatsoever with any of the banks in question. If the low bidder does not concur with the one-year agreement, then staff will come back to the Council. Mr. Leege said for overall services, Bank of America is the low bidder. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to make a substitute motion to grant the bid for a period of one year only to the low bidder as now presented and put the entire package out for bid in one year instead of three years as mentioned in the Resolution, subject Council Minutes 11/28/79 (adjourned) -4- to acceptance of the low bidder. If the low bidder does not accept, it will come back to the Council. The motion also includes a 90-day written cancellation clause, subject to acceptance of the bank. The motion and second to reject the bids were withdrawn. Roll call vote on the substitute motion: AYES: 3 Council Members: Jackman, Greene, Miller NOES: 2 Council Members: Mackaig, Swearingen CITY MANAGER'S REPORT - None ORAL COMMUNICATIONS Councilman Mackaig inquired regarding the Hospital Contract and whether the Hospital is in violation of that contract because the Council did not approve the Hospital's Budget. Mr. Thompson replied he was informed several weeks ago by the Hospital administrator that their attorney was on vacation, but he has not heard anything since that time. He will contact the Hospital administrator tomorrow to deter- mine what the status is. Councilman Swearingen suggested the Traffic Committee study the possibility of increasing the speed limit on Rives Avenue between Florence and Imperial from 25 to 35 mph, also on Brookshire between Florence and Cherokee from 25 to 35 mph. Councilman Jackman said the intersection of Second and Paramount is dangerous, particularly for those people westbound on Second. He suggested the Traffic Committee study a right -turn only especially during rush hours. Councilman Mackaig cited Vultee at Florence. Councilman Greene inquired regarding the status of a part-time prosecutor. Mr. Thompson said he will he interviewing a gentleman tomorrow and hopes to to have a report back to the Council in the rest few days. There being no further business to come before the City Council, the meeting was adjourned at 8:45 p.m. O&t; � Robert L. Shand, City Clerk -Treasurer Council Minutes 11/28/79 (adjourned) -5-