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HomeMy WebLinkAboutMinutes-03-24-81-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 24, 1981 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Proposed Amendments to adopted Budget of General Revenue Sharing Funds for 1980-81 Approved General Revenue Sharing: Appropriate Unappropriated Fund Balance of July 1, 1980 in amount of $938,074 to Civic Center Proj. Approved Proposed $24 Annual Sewage Treatment Service Charge: Instruct Mayor to cast "no" vote & instruct Sanitation Dist. to see if it can come up w/something better Approved Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtgs. February 26, 1981 & March 9, 1981; & Reg. Mtg. March 10, 1981 General Warrants: #189632 - 189953 #207956 - 208009 Res. #3931, Honoring Victor J. Barich on his Retirement Corres. from So. Cal. Gas Co., So. Cal. Edison Co., & Gen. Tel. Co. re increase in rates or rate changes Proclamation on "Living the Energy Efficient Life" to be presented to Cerritos College Ord. #656, Adding Sec. 3163 to DMC re Parking of Vehicles Transporting Hazardous Materials Ord. #657, Amending DMC re Signs Approved Approved Adopted Staff authorized to prepare letters of protest Adopted Adopted Res. #3932, Proposing to Annex to Lighting Maint. Dist. & Ord. City Traffic Engineer to Prepare & File Report (Annex. 81/2 - Adwen St.) Adopted Res. #3933, Approving City Traffic Engineer's Report, Annex. 81/2 - Adwen St. Res. #3934, Decl. Intention to Annex to Ltg. Maint. Dist. AD 121 (Annex. 81/2 - Adwen St.) Res. #3935, Req. Allocation of County Aid to Cities Funds for Maintenance of Select System Streets Res. Designating Bank of America as Depository for City Funds Res. #3936, Decl. Certain City -Owned Ppty. as Excess & Auth. Sale of Ppty, to Downey Comm. Dev. Comm. Res. #3937, Establishing 2-Hr. Parking Restr. 7am-6pm B/Sides Birchbark Av. bet. Telegraph & Birchcrest Adopted Adopted; sets hrg. 4/29/81 Adopted PAGE No. Postponed; auth. going out to bid Adopted Adopted 1 1 2 3 3 3 3 3 3 3 3 3 4 4 4 9 0 5 Page 1 of 2 COUNCIL MINUTES, MARCH 24, 1981 TABLE OF MINUTE ACTIONS (CONTINUED) Res. #3938, Granting Approval of Permissive Conditional Use Permit #1 (Suva St. & Foster Bridge Bl.) SCRTD - Inter -Agency Transfer Agreement Appointments of James Karsjens & Rodney Tibbets to Citizens Health & Envirommntl. Sanitation Comm., Dist. 1 Rio Hondo Golf Course Improvements: Auth. add'l. appropriation of $50,000 for estimated change orders & restoring deducted items in const. contract Council to conduct Press Conferences Hearing on Zone Change Case #171, 11105 Old River School Rd. Elderly & Handicapped Transit: Auth. submittal of amended Article 4.5 Funding Application for 1981-82 Fiscal year Proposed Seismic Testing at Golf Course On. Cormack reminded Council of Solid Waste to Energy demonstration on 3/30 Council Meeting of April 28th changed to April 29th Council Meeting of May 12th to be rescheduled next meeting ACTION: PAGE NO. Adopted; further conditions to be added; new resol. to be prepared for next meeting 5 & 6 Approved; Mayor auth. to sign 5 Approved 5 Approved; discussion re standing water in cart storage area 5 Approved 6 Set for May 12, 1981 (meeting date to be changed next meeting) 6 Approved; staff to come back next meeting with recommendation for remainder of this fiscal year 6 Staff to check on cost & willingness of company to do test 6 7 7 7 Hearing on Grant Application for HCD Funds Set for April 29, 1981 7 Ms. Vartanian suggests Council give serious consideration to Sanitation Dist. Assmt. 7 Closed session re contract for employee negotiator 7 Motion to retain Mr. Golstein as negotiator Approved 7 Meeting adjourned in memory of Dorothy Wallar and Charles Pace 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 24, 1981 The regular meeting of the City Council of the City of Downey scheduled for 7:30 p.m., March 24, 1981, convened at 7:38 p.m. in the Council Chamber of the Downey City Hall, Mayor Theodore H. Jackman presiding. PRESENT: Council Members: Lyell W. Swearingen — Milton R. Mackaig Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: Loren D. Morgan, Acting City Manager Royal M. Sorensen, City Attorney William A. Ralph, Director of Public Works 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 Harry Payson, Building Official Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Charles G. Eccleston, Traffic Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend J. Earl Reavis, Grace Baptist Church. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Jackman opened the hearing to provide an opportunity for citizens to present written or oral input on Proposed Amendments to the Adopted Budget of General Revenue Sharing Funds for current Fiscal Year 1980-81. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to receive and file the Proof. Mr. Leege explained that General Revenue Sharing regulations require a public hearing be held before any change can be made in the budget. It is requested that various projects be deleted in the total amount of $707,350 and the additional appropriated Fund Balance of $230,724 be reappropriated to the Civic Center Project. Mayor Jackman inquired if the City Clerk has received any written corres- pondence, and the response was no. There being no one present to speak regarding the proposed amendments, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. Councilman Swearingen inquired regarding $20,000 for the senior citizen bus. Mr. Eccleston replied the $20,000 was to replace one of the vans with a larger better capacity van from FAU funds that are eligible. Because there are no provisions at the present time for replacement of the van, it is requested it be deleted. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Amendments to the adopted Budget of General Revenue Sharing Funds for Fiscal Year 1980-81. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to appropriate the Unappropriated Fund Balance of July 1, 1980, in the amount of $938,074 to the Civic Center Project 21-13919. Mayor Jackman commented on the proposed annual $24 Sewage Treatment Service Charge, noting that as a member of the Board of Directors of the Sanitation District he or the next Mayor may possibly be called to vote upon this issue. He then Council Minutes 3/24/81 -1- WMI introduced Mr. Robert P. Miele, head of the Technical Services Department for the County Sanitation District. Mr. Miele explained the purpose of the Sanitation Districts is to collect, treat, and dispose of sewage. The City of Downey, along with 19 other cities and some unincorporated areas in Los Angeles County, is part of District 2 with a popu- lation of about 600,000 people. The 15 districts in the Los Angeles basin jointly own and operate waste sewage facilities. Mr. Miele stated that due to the loss of funds, the Districts have had to pursue methods of funding. The proposed $24 service charge is based on use of the system by groups, and the method of collec- tion was a uniform rate on the Property Tax Bill. He distributed to the Council a chart showing "Annual Costs of Billing Alternatives." He also distributed a letter of the Sanitation Districts' legal counsel's opinion that the service charge is not a violation of Proposition 13. A discussion was held regarding sewer hookups. Mayor Jackman inquired regarding an alternate method of funding if District 2 votes against the service charge. Mr. Miele replied District 2 has an obligation to fulfill. There is one alternative of billing customers directly, but the bills would be much higher. Another alternative would be to take care of sewage waste outside of the County Sanitation Districts. Councilman Swearingen feels the State is not living up to its responsibility and is reverting this back to the property owner as a tax. He is against it. Councilman Mackaig indicated his understanding of Proposition 13 is that a tax could not be added unless it was voted on by the people, and he questioned why this has not been placed on the ballot for the people to decide. Mr. Miele explained their legal counsel has interpreted this is not a tax but is a benefit assessment. It is the Board of Directors of the Sanitation Districts, on which the Mayor sits, that must make the decision. He also mentioned that if this obligation is not met by the cities in District 2, then they will have to figure out a way to treat their own sewage. Mayor Jackman requested direction from the Council Members on how they would like their Mayor to vote on this issue. During discussion he mentioned there is someone in the audience who has requested permission to present to the Council his idea of the source of funds that could be used for the Sanitation District, but he would suggest instead that the person attend the public hearing to be held tomorrow at 3:00 before the County Sanitation District. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to instruct the Mayor to cast a vote against the $24 a year tax and instruct the Sanitation District to go back to the drawing board to see if it can come up with something better. AYES: 3 Council Members: Swearingen, Mackaig, Cormack NOES: 1 Council Member: Quinn ABSTAIN: 1 Council Member: Jackman Mayor Jackman said he will follow the Council's instructions. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-B-1, 2 and 3, Correspondence from the Southern California Gas Company, Southern California Edison Company, and General Gelephone Company, were removed from the Consent Calendar, CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Remainder of the Consent Calendar: : Adjourned Regular Meetings of February 26, 1981 and March 9, 1981 General Warrants: #189632 - 189953; #207956 - 208009: $1,206,329.24. Council Minutes 3/24/81 -2- 6770 RESOLUTION NO. 3931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY HONORING VICTOR J. BARICH ON HIS RETIREMENT AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Correspondence from Southern California Gas Company (Application #60339 Southern California Edison Company (Application #60321) and General Te Company (Application #60340) regarding increase in rates or rate change It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to authorize staff to prepare letters of protest to the three utility companies. PROCLAMATION Mayor Jackman read a Proclamation on "Living the Energy Efficient Life" that will be presented to a representative of Cerritos College. The Proclamation de- clares Downey is a co-sponsor of the Energy Efficient Festival to be held at Cerritos College on March 28th. Mayor Jackman declared a recess from 8:35 p.m, to 8:40 p.m. The meeting resumed with all Council Members present. ORAL COMMUNICATIONS (Items not on Agenda): None ORDINANCES ORDINANCE NO. 656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 3163 TO THE DOWNEY MUNICIPAL CODE TO REGULATE THE PARKING OF VEHICLES TRANSPORTING HAZARDOUS MATERIALS The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Ordinance No. 656. The vote was unanimous. ORDINANCE NO. 657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9148.08; AMENDING SECTION 9148.22; AND ADDING SUBSECTION 9148.14 (k) WHICH RELATES TO SIGNS The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Ordinance No. 657. The vote was unanimous. RESOLUTIONS RESOLUTION NO. 3932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY TRAFFIC ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEX 81/2 - ADWEN STREET) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3932. The vote was unanimous. Mr. Eccleston reported on the location of the Annexation, the installation costs, and annual operation costs. RESOLUTION NO. 3933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY TRAFFIC ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATION 81/2 - ADWEN STREET Council Minutes 3/24/81 -3- G17'7l The Resolution was read by -title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3933. The vote was unanimous. RESOLUTION NO. 3934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 81/2 - ADWEN STREET) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3934 (sets the hearing for April 29, 1981). The vote was unanimous. RESOLUTION NO. 3935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3935. The vote was unanimous. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING THE BANK OF AMERICA AS DEPOSITORY FOR CITY FUNDS The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to postpone action on the Resolution for two weeks and go out to bid. When asked if two weeks would be adequate time for the banks to respond, Mr. Leege replied the banks will need longer than two weeks, and he suggested a reasonable time would be at least a month. It was then moved by Councilman Mackaig and seconded by Councilman Cormack to amend the motion to 30 days. Mayor Jackman asked if the specifications are to include the same services now received from Bank of America. Councilman Mackaig replied yes. The amendment was passed by unanimous vote. The motion to postpone for 30 days and go out to bid was also passed by unanimous vote. RESOLUTION NO. 3936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING CERTAIN CITY -OWNED PROPERTY AS EXCESS AND AUTHORIZING THE SALE OF THE PROPERTY TO THE CITY OF DOWNEY COMMUNITY DEVELOPMENT COMMISSION The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3936. The vote was unanimous. RESOLUTION NO. 3937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION FROM 7:00 A.M. TO 6:00 P.M. ALONG BOTH SIDES OF BIRCHBARK AVENUE BETWEEN TELEGRAPH ROAD AND BIRCHCREST ROAD The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3937. The vote was unanimous. Council Minutes 3/24/81 -4- G 7�a RESOLUTION NO. 3938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING APPROVAL OF PERMISSIVE CONDITIONAL USE PERMIT NO. 1 (SUVA STREET AND FOSTER BRIDGE BOULEVARD) The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading and to adopt Resolution No. 3938. The vote was unanimous. (See further discussions Page 6 and decision to prepare new Resolution for next meeting.) CASH CONTRACTS - None MISCELLANEOUS ACTIONS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the SCRTD - Inter-Aqen2y Transfer Agreement and authorize the Mayor to execute. Councilman Cormack expressed his opposition to rapid transit and the RTD, noting the Council passed a resolution awhile back asking for development of alternate fuels from a reusable source and should be pushing in that direction. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack It was moved by Councilman Mackaig, seconded by Councilman Swearingen, ordered to approve the Appointments of James Karsjens and Rodney Tibbets to Citizens Health & Environmental Sanitation Committee for District 1. and so It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to authorize an additional appropriation from the Golf Fund balance to Golf Course Development Project #52-17520 in the amount of $50,000 for the purpose of estimated change orders and restoring deducted items in the construction contract for Rio Hondo Golf Course Improvements. Councilman Swearingen noted the golf course storage area is full of water and inquired how this can be remedied. Mr. Neavill explained in the original plans for the golf cart area there were drains for the water, but they had to be eliminated due to possible contaminates in the water, such as battery acid that would flow into the sewer system. Mr. Morgan indicated staff is working with the architect, and the drainage problem will be handled properly before completion. A discussion was held regarding golf course revenues. Councilman Cormack asked if any consideration had been given to having a simple seismic test done by one of the oil companies at the golf course to see if " some revenue could be produced from that area. Mr. Neavill replied not to his knowledge. Mr. Morgan noted seismic tests are being conducted at the present time on Lakewood Boulevard by Standard Oil. Staff will look into it and report back. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman It was moved by Councilman Swearingen, seconded by Councilman Cormack, and so ordered that the Council conduct the Press Conferences. Mr. Michael Goland, referring to Resolution No. 3938 concerning Permissive Conditional Use Permit No. 1, said he is the proponent on this matter and there are some modifications he would like to request. He was asked to hold his request until the Council has concluded with the Miscellaneous Actions portion of the Agenda. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to set a hearing on Zone Change Case #171, 11105 Old River School Road, for 7:30 p.m., May 12, 1981, in the Council Chamber of the Downey City Hall. (The Council Meeting scheduled for May 12th will be rescheduled to another date at the next meeting.) Council Minutes 3/24/81 -5- 6 7/?3 Permissive Conditional Use Permit No. 1 (Resolution No. 3938) Mr. Goggin commented the applicant today submitted release letters from the adjoining properties agreeing to a 15-foot wall. He then cited several conditions that should be added to the Resolution. Councilman Mackaig requested this be postponed for two weeks and then have all the information submitted at that time. He also requested this be placed near the front of the next Agenda. Mr. Sorensen stated a new Resolution will then have to be prepared rescinding Resolution No. 3938. The Mayor so ordered. REPORTS Mr. Eccleston gave a report on the Elderly and Handicapped Transit, noting that the County Commission has confirmed there are no funds available in the cur- rent year to meet any cost overrun occurring with termination of the CETA Program on April 15th. Staff is suggesting the Council file an amended claim for the 1981-82 year to see whether the Commission would consider increasing the funding to cover compensation of fulltime and part-time drivers. Mr. Eccleston stated there will be approximately $10,000 required to cover the drivers' salaries for the remainder of this fiscal year after April 15th, and staff will present a specific recommendation to the Council at its next meeting on April 14th. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by unanimous vote to authorize submittal of an amended Article 4.5 Funding Application for the Elderly and Handicapped Transit Services for the 1981-82 Fiscal Year. Councilman Mackaig suggested staff consider the possibility of three rather than five fulltime drivers. He then expressed concern that the Council has not had any meetings or discussions on the Budget for next year and noted Downey's Assemblyman has mentioned the possibility of $1 million less funding from the State, which indicates cuts will have to be made. Mr. Morgan said staff is working on the Budget and Council has been provided with a schedule of the Budget preparation and when it will be presented. The pro- cedure has been that staff prepares the Budget and presents it to Council at a later time when it is known what the revenues will be. Then, the Council will give direction as to what its desires are. Staff is on time with the schedule. Mayor Jackman said the Council will look for staff's recommendation on April 14th, realizing it will have to make a decision at that time. Referring to the proposed seismic testing at the Golf Course, Mr. Neavill said there may be a fee involved to do this and that possibly staff should have some authorization as to a limited amount. Mr. Henriksen stated he has no idea what the cost will be, and apparently Standard Oil is the only company that does this type of testing. He pointed out that a permit has been issued for testing on Florence, and considering it is tak- ing only 3-311 days to complete the testing on Lakewood, it should take the same amount of time on Florence. Mayor Jackman suggested that the company be contacted to see if they are willing to do it, and if there is a fee the Council can call a special meeting. Staff will also check to see whether the City owns the oil rights on the golf course property. CITY MANAGER'S REPORT Mr. Morgan requested the Council recess to closed session to discuss a matter concerning a contract for negotiator for the employees' associations. ORAL COMMUNICATIONS - City Council Councilman Cormack reminded the Council of a Solid Waste to Energy demonstra- tion to be held on March 30th. Council Minutes 3/24/81 -6- (� �'�W Mr. Morgan stated the City of Hemet has changed three of its Council Meeting dates, and he requested the Downey City Council consider changing its April 28th Meeting to another date. The April 28th Council Meeting was changed to April 29, 1981, at 7:30 p.m. Mr. Morgan said he wrote a memo to the Council today noting the Hemet City Council has indicated it will change its second meeting of the month if the Downey City Council will change its first meeting. The May 12th Council Meeting will be rescheduled next meeting. It was moved by Councilman Swearingen, seconded by Councilman Cormack, and so ordered to set a hearing on the Grant Application for HCD Funds for 7:30 p.m., April 29, 1981, in the Council Chamber of the Downey City Hall. ORAL COMMUNICATIONS - Audience Ms. Vartanian, 8603 Lubec, requested the Council give serious thought to the Sanitation District Assessment and what will be done if the assessment is not approved. Mayor Jackman recessed the meeting at 9:37 p.m, to closed session to discuss a contract concerning employee negotiator. The meeting resumed at 10:26 p.m. with all Council Members present. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by unanimous vote to retain Mr. Goldstein as negotiator. There being no further business to come before the City Council, the meeting was adjourned at 10:30 p.m, in memory of Dorothy Wallar and Charles Pace. Robert L. Shand, City lerk-Treasurer Council Minutes 3/24/81 -7-