HomeMy WebLinkAboutMinutes-09-14-82-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 14, 1982
T A B L E O F M I N U T E A C T I O N S
SUBJECT:
Removal of Items from Consent Calendar
Minutes: Reg. Mtg., August 24, 1982; and
Adj. Reg. Mtg., August 31, 1982
Rejection of Legal Claims: Ref. #572 &
#579
SS Proj. #323 (FAU), Old River School Rd.
from Imperial to Stewart & Gray: Accept
improvements & maintenance responsibility
General Warrants: #209356 - 209397
#305547 - 305874
ACTION:
Approved
Approved
Approved
Approved
Budget Supplement for Expanded Traffic
Enforcement Program: Approve budget suppl.
for FY 82-83 in readjusted amount with
appropriations; suppl. for 9mos. beginning
10/1/82 Approved
Budget Supplement for Ultralight Aircraft:
Approve budget supplement for FY 82-83 for
aircraft purchase & implementation of a
City-wide aerial Police enforcement prgrm.;
& appropriations Approved
Res. #4152, Dedicating City owned Property
@ Nly. Prolongation of Nwly. line of
Dempster Av. projecting 33.13' into Golden
Av. as Public Street Adopted
Res. #4153, Apprvg. Final Subdivision Map
of Parcel Map #15128 (8035/47 Leeds St.) Adopted
Res. #4155, Denying Zone Variance #217
(12110 Pomering Rd.) Adopted
Res. #4156, Denying Conditional Use Permit
#150 (11022 Old River School Rd.) Adopted
Loan Agreements bet. City of Downey &
Downey Comm. Dev. Comm.: Postpone action
to coincide w/decision by Commission Approved
Res. #4154, Authorizing Destruction of
Certain Records (Finance Dept.) Adopted
Ord. #704, Amending DMC re Parking in
Setback Areas Adopted
Ord. #705, Amending DMC re Restricted
Bicycle Riding Adopted
Res. #4157, Increasing Limit of Informal
Contracts for Public Works Construction Adopted
SS Proj. #366/CC #494, City Chip & Slurry
Seal for FY 1982-83. Award Part I & Part II
to Ted R. Jenkins & auth. staff to add addl.
quanitities in amount of $12,600 Approved
CC 4504, Tree Trimming at Various Locations;
Award to West Coast Arborists Approved
Widening of Downey Av.: Acquisition of ppty.
& auth. staff take necessary steps to clear
title & pay ppty. owner Approved
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COUNCIL .`MINUTES, SEPTEMBER 14, 1982
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT: ACTION:
Declare "Guatemala Park" as excess property
& auth. staff to explore possibility of
land subdiv. for sale to interested parties Approved
Creation & Funding of Downey Community
Access Corp., Inc.: Amend By -Laws Approved
Res. #4158, Apprvg. Creation & Funding of
Downey Comm. Access Corp., Inc. Adopted
Converting Refuse to Energy: Authorize
staff to prepare job requirement skills &
salary range for a Project Manager Approved
Cn. Cormack cited need for stop or yield
sign on south approach to Rio Hondo Golf City Manager to report back
Course Parking Lot next meeting
Cn. Barb suggests Cable TV tower be placed
on top of Bank of America bldg. Referred to staff
Cn. Davila cites complaints re Cable TV
Mayor Quinn comments re request for bus
stop at Lubec & Paramount be reinstated
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
SEPTEMBER 14, 1962
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
September 14, 1982, in the Council Chamber of the Downey City Hall, Mayor James T.
Quinn presiding.
PRESENT: Council Members:
James. T. Quinn Mayor
-- Robert G. Cormack Mayor Pro Tem
Theodore H. Jackman.
Randall R. Barb
Bob Davila
ALSO PRESENT: John W. Donlevy, City Manager
Carl K. Newton, Acting City Attorney
Dudley Lang, Assistant City Manager
William A. Ralph, Director of Public Works
Francis E. Carter, City Planner
Harald J. Henriksen, City Engineer
Lt. William Lund, Police Department
Battalion Chief Lyle Wilkinson, Fire Department
Ronald E. Cano, Assistant to City Manager
Donald Wagner, Housing & Human Services Manager
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
INVOCATION AND FLAG SALUTE
The Invocation was delivered by Councilman Jackman. The Flag Salute was led
by Councilman Davila.
PRESENTATIONS: None
HEARINGS: None
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Items VIII-E-3, Loan Agreement between City and Community Development
Commission - Block Grant Funds, and VIII-F-3, Resolution approving Destruction of
Obsolete Records, were removed from the Consent Calendar.
CONSENT CALENDAR
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by the following vote to approve the Remainder of the Consent Calendar:
Minutes: Regular Meeting of August 24, 1982; and Adjourned Regular Meeting
of August 31, 1982.
Rejection of Legal Claims: Ref. #572
W. J. (Jack) Davis and Marcia Davis.
S.S. Project #323 (FAU), Old River School Road from Imperial Highway to
Stewart & Gray Road: Accept improvements constructed and maintenance
responsibility.
General Warrants: #209356 - 209397; #305547 - 305874: $1,510,355.38.
Budget Supplement for Expanded Traffic Enforcement Program: Approve budget
supplement for Fiscal Year 1982-83 in the readjusted amount of $172,360,
$145,000 to be appropriated from the General Fund Unappropriated Fund Balance
and $27,360 to be appropriated from the Equipment Fund Unappropriated Fund
Balance. The supplement is to cover nine (9) months of the fiscal year
beginning October 1, 1982.
Budget Supplement for Ultralight Aircraft: Approve budget supplement for
Fiscal Year 1982-83 Budget in the amount of $14,150 for the aircraft purchase
and implementation of a City-wide aerial Police enforcement program; $4,000
to be appropriated from the General Fund Unappropriated Fund Balance and
$10,150 to be appropriated from the Equipment Fund Unappropriated Fund Balance.
Council Minutes 9/14/82 -1-
RESOLUTION NO. 4152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DEDICATING CITY OWNED PROPERTY AT THE NORTHERLY PROLONGA-
TION OF THE NORTHWESTERLY LINE OF DEMPSTER AVENUE THAT IS
PROJECTING 33.13 FEET INTO GOLDEN AVENUE AS PUBLIC STREET
RESOLUTION NO. 4153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER
15128 (8035/8047 LEEDS STREET)
RESOLUTION NO. 4155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING ZONE VARIANCE NO. 217 (12110 Pomering Rd.)
RESOLUTION NO. 4156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING CONDITIONAL USE PERMIT NO. 150
(11022 Old River School Road)
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to postpone action on Loan Agreements between the City of Downey
and Downey Community Development Commission to coincide with the decision of the
Commission.
RESOLUTION NO. 4154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
(Finance Department)
The Resolution was read by title only. It was moved by Councilman Cormack,
seconded by Councilman Jackman, and passed by the following vote to waive further
reading and to adopt Resolution No. 4154.
Councilman Davila inquired about microfilming the records for historic pur-
poses. He was informed the records to be destroyed are purchase orders for fiscal
years 1957-58 through 1975-76 and would have little historic value.
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
ORAL COMMUNICATIONS - Items not on Agenda: None
ORDINANCES
ORDINANCE NO. 704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9150.20 OF THE DOWNEY MUNICIPAL CODE
(CHAPTER 1, ARTICLE IX) (Parking in Setback Areas)
The Ordinance was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Cormack, and passed by unanimous vote to waive further read-
ing and to adopt Ordinance No. 704.
ORDINANCE NO. 705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 3142(a) OF THE DOWNEY MUNICIPAL CODE
(RE: RESTRICTED BICYCLE RIDING)
The Ordinance was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Cormack, and passed by unanimous vote to waive further read-
ing and to adopt Ordinance No. 705.
RESOLUTIONS
RESOLUTION NO. 4157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
INCREASING THE LIMIT OF INFORMAL CONTRACTS FOR PUBLIC
WORKS CONSTRUCTION
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The Resolution was read by title only. It was moved by Councilman Cormack,
seconded by Councilman Barb, and passed by the following vote to waive further read-
ing and to adopt Resolution No. 4157.
Responding to questions, Mr. Henriksen explained at the present time construc-
tion estimated to be under $7500 can be awarded without Council action. it is
requested by this Resolution to increase that amount to $10,00o.
Mr. Donlevy mentioned all projects must be approved in the Budget, so the
projects will be reviewed at Budget time.
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
CASH CONTRACTS
It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed
by unanimous vote to award a unit price contract for Part I and Part II totalling
$96,464.86 to Ted R. Jenkins, the lowest bidder, on S.S. Project #366/Cash Contract
#494, City Cnio and Slurry Seal for Fiscal Year 1982-83, and authorize staff to add
additional quantities in the amount of $12,600 (A/C #26-16248 & 21-13980).
It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by
unanimous vote to award Cash Contract #504, Tree Trimming at Various Locations, to
West Coast Arborists, Inc., the lowest bidder, in the amount of $47,517 (A/C
#10-4-3140.0700).
MISCELLANEOUS ACTIONS
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to approve acquisition of property for the price of $1,185, and
authorize staff to take the necessary steps to clear title and pay the property
owner from Account #26-1-6240.0441 for Widening of Downey Avenue, File #SS-358
and A-4500.
It was moved by Councilman Jackman, seconded by Councilman Davila, and passed
by unanimous vote to declare the property known as "Guatemala Park" as excess
property and authorize staff to explore the possibility of subdivision of the land
for sale to the various interested parties (File 40959.01).
Councilman Cormack asked if the property will be made accessible for purchase
by adjoining property owners.
Mr. Henriksen replied yes and said the Department of Water & Power has ex-
pressed an interest in purchasing that portion under the power lines, which is the
largest parcel. Those portions immediately behind residential properties would
be offered as a first opportunity to the adjoining property owners.
AYES: 5 Council Members: COrmack, Jackman, Barb, Davila, Quinn
CITY MANAGER'S REPORT
Creation and Funding of Downey Community Access Corporation, Inc
Mr. Cano reviewed the City's agreement with California Cablesystems to operate
a Cable TV system in the City, which he said calls for five percent of the annual
gross receipts to be paid to the City, and in addition the City would receive a $1
million advance payment. Also, the City would receive additional moneys to support
local programming and community access in the amount of $300,000 for years 1-4 and
$300,000 or four percent of the gross receipts, whichever is higher, for years 1-5.
Mr. Cano explained the Community Access Corporation was established by Ordinance
No. 679 for the purpose of spending the $300,000 to promote local programming in the
community and a broad representation of the City's educational, cultural, social,
recreational, and community business organizations. He commented on a review of
several corporate structures in order to select the best method for carrying out the
provisions of the Franchise Ordinance. The corporate structure selected proposes
that the City Council be the Board of Directors that shall appoint a Community
Access Advisory Committee comprised of one person from each district. The Board of
Directors would have the authority to appoint or establish as many committees or
sub -committees as it sees fit. The Board of Directors would also appoint a Chief
Executive Officer, who could be the City Manager or his designated representative,
to operate and manage the system. The Corporation has been broken down into three
functional areas: Filming or program production; administration; and program
development.
Mr. Donlevy indicated he hopes by the next meeting the Council will come back
with appointments to the Committee, who would make recommendations to the Corporation
Council Minutes 9/14/82 -3-
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on how to spend the annual $300,000. He or his designated representative would be
the Chief Executive Officer; the Finance Director would be the Chief Financial
Officer; and the Secretary would be one of the in-house clerical staff. It is
anticipated the Board of Directors will have its first meeting next month at 7:00
p.m., and meet each month after that on the first Council Meeting of the month at
7:00 p.m.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE CREATION AND FUNDING OF THE DOWNEY
COMMUNITY ACCESS CORPORATION, INC.
The Resolution was read by title only. It Vas moved by Councilman Cormack and
seconded by Councilman Jackman to waive further reading and to adopt the Resolution
(see further actions).
Councilman Barb suggested that a member of the Board of Education be included
on the Committee as an ex-officio non -voting member.
Councilman Davila mentioned he will be appointing a school teacher to the
Committee.
Councilman Jackman suggested the Council consider appointing to the Committee
people who previously served on the advisory committee, noting Mr. Sarabia has been
appointed to the Planning Commission. He concurred with a member of the Board of
Eucation serving as ex-officio.
It was moved by Councilman Barb and seconded by Councilman Cormack to amend
Section 9.02 of the By -Laws to include a member of the Board of Education as
ex-officio member.
Mr. Donlevy said if action of the Council is to appoint a School Board member
as ex-officio, then a letter should be sent to the Board of Education requesting
the name of the person to be appointed.
The amendment to the motion was passed by unanimous vote.
The Resolution as amended was adopted by unanimous vote (see later motion to
reconsider).
It was moved by Councilman Barb and seconded by Councilman Cormack that the
present citizens advisory committee fill the position of the Community Access
Advisory Committee for a period of six months, if they are willing to serve; and
at that time, the Council bring this matter up as an Agenda item again and make
new appointments (see motion to table).
Mr. Newton advised the motion would conflict with the By -Laws, which provide
the Committee members shall serve for a period of one year.
During discussion, Mayor Quinn inquired if an appointee to the Committee can
be someone outside the City.
Mr. Newton replied the By -Laws do not limit the Committee member to a citizen
of Downey, but an individual who does not reside in Downey can be active in busi-
ness in the City and would qualify under this limitation.
It was moved by Councilman Davila, seconded by Councilman Cormack, and passed
by unanimous vote to table the motion presently on the floor.
It was moved by Councilman Barb, seconded by Councilman Cormack, and passed
by the following vote to reconsider the previous action.
Councilman Barb expressed concern that anyone who does not reside in the City
should be appointed to the committee. Also, there should be a concensus of the
Board of Directors on any appointment at any time. He feels certain controls are
missing.
It was suggested a requirement could be inserted, whereby a Committee member
must be a resident and elector of the City and any recommendation for appointment
affirmed by a majority vote of the Board.
11
Councilman Barb concurred.
Mr. Newton mentioned the Council might want to consider changing the follow-
ing sections of the By -Laws:
Council Minutes 9/14/82 -4-
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Section 9.02, to provide that each Director would nominate a member of the
Committee, subject to appointment by a majority of the Board of Directors.
Section 9.03, to provide that in addition to the other criteria for membership
on the Committee, it would also be required that each member be a resident and
elector of the City of Downey.
Section 9.05, to provide that removal of a member of the Committee would be
by majority action of the Board of Directors.
Roll call vote on motion to reconsider:
AYES: 5 Cou oil Members: Cormack, Jackman, Barb, Davila, Quinn
It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed
by unanimous vote to amend the By -Laws as described by the City Attorney.
RESOLUTION NO. 4158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE CREATION AND FUNDING OF THE DOWNEY
COMMUNITY ACCESS CORPORATION, INC.
The Resolution was read by title only. It was moved by Councilman Cormack,
seconded by Councilman Jackman, and passed by unanimous vote to waive further read-
ing and to adopt Resolution No. 4158.
Mr. Donlevy mentioned the Council has been looking at the possibility of
Converting Refuse to Energy. The City does not have in-house capability of conduct-
ing a feasibility report and study, and it is recommended the Council authorize
staff to prepare job requirements and look into salary ranges for a Project Manager
on a contract basis. The Project Manager would look into the possibility of
whether the City can build a unit, the cost, where it would be located, and be in
charge of building a facility if approved by the Council.
Mr. Ralph indicated if it is the Council's desire to have the City build a
facility, then it is recommended someone be hired who has experience in this field.
It was moved by Councilman Cormack, seconded by Councilman Barb, and passed
by the following vote to authorize City staff to prepare job requirement skills
and salary range for a Project Manager.
Councilman Jackman indicated there are no guarantees the system will work, and
he feels the City should look at ways to coordinate this with other agencies and
other cities. He does agree something must be done about the solid waste problem,
but he does not believe the City should build a facility in-house.
Mr. Donlevy stated all staff is suggesting is to hire a person on a contract
basis, possibly for nine months to a year, to answer questions and advise the City
on how to proceed.
Councilman Barb mentioned many studies have been done in other cities and by
the County of Los Angeles. He said there are guarantees by the manufacturers that
their equipment will work; however, there are no guarantees the concept will pro-
duce energy at a price that will generate the revenue to pay for it. The suggested
alternative is to hire possibly a person experienced in this field who has worked
on building several successful units and have him put together a concept.
Councilman Jackman said that by working with the County or other cities, the
risks can be spread throughout the entities involved on a more affordable basis.
Further discussion ensued.
AYES: 3 Council Members: Cormack, Barb, Quinn
NOES: 2 Council Members: Jackman, Davila
ORAL COMMUNICATIONS - City Council
Councilman Cormack cited the need for a stop or yield sign on the south approach
to the Rio Hondo Golf Course parking lot.
The City Manager will report back next meeting.
Councilman Barb mentioned he received several calls complaining about the
Cable TV tower. He feels the tower is unsightly and suggested possibly it could
be placed on top of the Bank of America building.
Council Minutes 9/14/82 -5-
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Councilman Cormack said he also received complaints regarding the tower and
concurs with the suggestion to place it on top of the Bank of America building.
Referred to staff.
Councilman Davila also indicated he received two complaints, one concerning
a child who stepped on some debri left on the ground by Cable TV crews, and
another complaint concerning Cable TV crews damaging shingles on roofs of resi-
dences. He requested this be brought to the attention of the Cable TV company.
Mr. Donlevy mentioned any complaints are being forwarded to the company.
Mr. Cano explained the procedure, whereby California Cablesystems notifies
households when it is anticipated some of the crews will be working on residential
property. All of the complaints are filtered through his office, and he is in
direct contact with California Cablesystems. _
Mayor Quinn mentioned he received a letter containing 12 signatures of people
requesting the bus stop be reinstated at Lubec and Paramount.
Councilman Cormack indicated he discussed this with one of the signors of the
letter and requested they specify the opposite side of the intersection. The man
he spoke with was very uncooperative about having the stop sign placed across the
street. Councilman Cormack said he cannot support having the sign placed back at
its previous location in front of a residence.
ORAL COMMUNICATIONS - Audience: None
ADJOURNMENT - 9:35 p.m.
Robert L. SHand,I City Clerk -Treasurer
ames T. Quinn, Mayo
Council Minutes 9/14/82