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HomeMy WebLinkAboutMinutes-11-09-82-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 9, 1982 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Bergman Lane - Paramount/Orizaba: If property owners decide to go forward on _ their own w/imprvmts., then Council auth. contribution equivalent to amount already spent by Engrg. to date Approved 3 Minutes: Reg. Mtg., October 26, 1982; & Adj. Reg. Mtg., November 1, 1982 Approved 3 Corres. from Downey Chamber of Commerce req. Permission to incl. letter w/City Water Bill to promote buying in Downey Approved 3 Rejection of Legal Claims: Ref. #584 & 586 Approved 3 General Warrants: #209486 - 209515 #306584 - 306832 Approved 3 Res. #4175, Proposing to Annex to Ltg. Maint. Dist. AD 121 (Annex. 82/5, Klondike - Downey to Century) Adopted 3 Res. #4176, Apprvg. City Traffic Engr's. Rpt. (Annex. 82/5) Adopted 3 Res. #4177, Decl. Int. to Annex. into Ltg. Adopted; sets the hearing for Maint. Dist. AD 121 (Annex. 82/5) - November 23, 1982 3 Res. #4178, Apprvg. Final Subdiv. Map of Parcel Map #15135, Apprvg. Agmt. with Subdivider & Acceptance of Cash Deposit in Lieu of Surety Bonds (8142 Alameda St.) Adopted 3 Mr. Richard Mittleman raised issue of Bus Stop at Paramount Bl. & Lubec St. & removal of Line 460 from City 3 Ord. #707, amending Sec. 8100.4 re R/w Dedication Adopted 4 Res. #4179, Auth. Time Limit Parking & No Stopping Restr. on Firestone Bl. & Rescinding Res. #3802 Adopted 4 Res. #4180, Req. Allocation of County Aid to Cities Funds for Maint. of Select System Streets Adopted 4 Res. #4181, Cancelling City Enforcement Responsibility for Mobilehome Parks Act, Returning Responsibility to State Dept. of Housing & Comm. Dev., & Rescinding Res. #914 Adopted 4 CC #488, Rio Hondo Golf Course - Phase III: Accept improvements Approved 5 CC #490A, Civic Center Parking - Phase I: Approve extra work & improvements const. Approved 5 Report on Lakewood B1. Sidewalks under Santa Ana Fwy. & discussion re Manzanar Av. pedestrian overcrossing @ Santa Ana Fwy. 5 Administrative Regulation re Hiring of Referred back to staff to be Professional Consultants rewritten 5 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 9, 1982 TABLE OF MINUTE ACTIONS. SUBJECT: ACTION: PAGE NO. Citywide Sewer Study & Analysis: Agmt, bet. City & Alderman, Swift & Lewis & auth. Mayor to sign Approved 6 Change Orders on Downey Civic Center - Library & City Hall Bldgs.: Auth. staff to secure apprvl. of Civic Center Corp. & notify contractors they can proceed as req. Approved 6 Auth. staff to send letter opposing Transfer of Patients from Atascadero State Hosp. to Metropolitan State Hosp. in Norwalk Approved 6 Discussion re Downey Avenue Project To be brought back next meeting 6 Study of Sidewalks on Major Thoroughfares: Letter from Health & Environmental Sani- tation Comm. Referred to staff 6 Closed session re update on Downey Comm. Hospital & pending litigation 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 9, 1982 The City Council of the City of Downey held a regular meeting at 7:30 p.m., November 9, 1982, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James. T. Quinn Mayor Robert G. Commack Mayor Pro.Tem Theodore H. Jackman Randall R. Barb Bob Davila ALSO PRESENT: William F. Martin, City Manager Pro Tem Carl K. Newton, Assistant City 'Attorney Dudley Lang, Assistant City Manager William A. Ralph, Director of Public Works Captain G. Pete Stone, Police Department Battalion Chief Ronald Irwin, Fire Department Harald J. Henriksen, City Engineer Harry Rayson, Building Official Charles G. Eccleston, Traffic Engineer Ronald E. Cano, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Reverend Frank Peters, First Baptist Church. The Flag Salute was led by Councilman Barb. PRESENTATIONS: None HEARINGS: None MISCELLANEOUS ACTION There being no objections, Agenda Item XII-B-S', Bergman Lane - Paramount Boulevard/Orizaba Avenue, was moved forward on the Agenda. Mr. Henriksen narrated a slide presentation showing pictures before and after improvements on Leeds Street and conditions now existing on Bergman Lane. It was noted Leeds Street had 100 percent participation in right-of-way dedication. Councilman Davila indicated it is his understanding the residents on Bergman Lane are also ready to participate 100 percent. He expressed disappointment that citizens have to live with the existing street conditions and requested the Council hear from people on Bergman Lane. Mr. Steve Arias, 12045 Orizaba, acting as spokesperson for the residents, distributed photos of how Bergman Lane looks today.', He outlined three main areas of concern: Their reaction to the Council's decision to withdraw funds; reasons of justification for the City's continued participation, specifically $80,000 for the project; and a request for the Council to set a hearing date so the residents may discuss this more thoroughly in hopes of reversing the Council's decision. Mr. Arias mentioned questions have been raised on whether the funds taken away from this project will be used for another project and he reviewed previous staff reports concerning the Bergman Lane Assessment District. He pointed out that property owners on the street on fixed incomes cannot afford to support the total cost of the project and urged the Council to keep the previous Council's commitment of $80,000 funding for the project. Mayor Quinn concurred with improving the street but suggested other methods of funding be considered, not the City's general funds. Mr. Henriksen explained the budget includes funding for the project out of General Revenue Sharing Funds. The HCD Funds originally allocated for this project were switched to two relief sewers on Downey Avenue when 100 percent participation was not received on Bergman Lane. Councilman Davila indicated he would like to make a motion to set a hearing date so that this can be brought back to the Council at the earliest possible time and the project can proceed. Council Minutes 11/9/82 -1- lO73 Mr. Henriksen indicated he can bring back improvement plans, which are just about completed and include an estimate of costs based on no City contribution, with a breakdown of costs to be assessed to each individual owner. He said if there is 100 percent participation for the right-of-way, there is no reason why HCD funds cannot be used. Councilman Jackman questioned whether there is a low and moderate income limitation for the participants. Councilman Cormack also questioned how the Council can justify paying for improvements on Bergman lane for people who are just as well off financially as other people who have already paid for their street improvements. Discussion followed. Councilman Jackman believes this would be granting a special privilege to a special group and said there are other projects of a higher priority that are bene- ficial to more people. Mayor Quinn said if, staff cannot come back with other methods of financing, then he does not believe, there would be any reason to have a hearing. Councilman Barb indicated he would like to see the street improved but pointed out he has paid assessments for improvements to streets on which he has lived in the City. He is not comfortable paying for someone else's improvements. Councilman Davila feels if people in the City need assistance, then the City should provide that assistance if it can. Councilman Jackman questioned whether the people on Bergman Lane need finan- cial assistance in this matter. It was moved by Councilman Davila and seconded by Mayor Quinn to send this back to staff for study and to let the project come forward. During further discussion, Councilman Jackman feels a determination should be made on whether the people on Bergman Lane are eligible for HCD funds as to income, noting when the project was first approved 1970 census figures were used. When asked whether current or additional HUD funds would be used on the pro- ject, Mr. Lang replied the funds would come out of the existing budget, which means having to take away from another project. If funds for the sewer project were used for Bergman Lane, then Revenue Sharing Funds could be transferred for the sewer project. Mr. Henriksen mentioned attempts will be made to obtain the current 1980 census figures. He mentioned there are a total of 25 properties involved, con- sisting of two commercial, 23 residential, and five absentee residential owners. Mr. Paul Scott, representing Hub City Construction Company, 12053 Paramount Boulevard, said they own the restaurant across the street on Bergman Lane and the two lots behind it. He inquired how much money the Engineering Department has spent on the project and whether the amount could be donated by the City, rather than being passed on to the property owners. Mr. Henriksen replied the amount spent could total $15,000-$20,000, and this would be included in the project costs to the property owners. Mr. Ken Miller, 7336 Cleargrove Drive, questioned whether HUD funds have been spent for use by low and moderate income families in the City. He suggested deter- mining how many people on Bergman Lane qualify for HUD funds and then assist those families who need it. Clarifying the motion, Mr. Martin stated staff will once again take Bergman Lane under consideration for study into the feasibility of using HUD money to fund the project and ascertain whether the residents qualify for use of those funds. Councilman Barb questioned whether it would be a concensus of the Council, if the people qualify for HUD funds, to go ahead with the project and transfer the sewer project to Revenue, Sharing. AYES: 2 Council Members: Davila, Quinn NOES: 3 Council Members: Cormack, Jackman, Barb Motion failed. Council Minutes 11/9/82 -2- �7a 529/ It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote that if the property owners on Bergman Lane decide to go forward on their own, that the Council authorize a contribution equivalent to the amount already spent by Engineering to date. Mr. Henriksen asked if the motion includes engineering costs and incidential costs. He was informed that any costs expended as of this date would be included; however, any future costs would be added to the property owners' costs. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Mayor Quinn declared a recess from 8:30 p.m. to 8:32 p.m. The meeting resumed with all Council Members present. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of October 26 1982• and Adjourned Regular Meeting of November 1, 1982. Correspondence from Downey Chamber of Commerce', requesting Permission to include a letter with City Water Bill to promote buying in Downey. al Claims: Ref. #584, Robert and Roxanne Gonzales; and Norma Blida General Warrants: #209486 - 209515; #306584-'306832: $1,001,969.82. RESOLUTION NO. 4175 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 (ANNEXATION 82/5 - KLONDIKE AVENUE, DOWNEY TO CENTURY) RESOLUTION NO. 4176 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 82/5 - KLONDIKE AVENUE BETWEEN DOWNEY AVENUE AND CENTURY BOULEVARD RESOLUTION NO. 4177 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 FIX- TURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 82/5 KLONDIKE AVENUE) (sets hearing for November 23, 1982) RESOLUTION NO. 4178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NUMBER 15135 APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTANCE OF A CASH DEPOSIT IN LIEU OF SURETY BONDS (8142 ALAMEDA STREET) AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn ORAL COMMUNICATIONS - Items not on Agenda Mr. Richard Mittleman, 7737 Otto Street, referred to his discussion last meet- ing concerning the bus stop at Paramount Boulevard and Lubec Street and removal of Line 460 from the City. He read a letter from Caltrans concerning the proposed park -and -ride facility at Lakewood boulevard and the Santa Ana Freeway, which he said indicated to him that line 460 would be removed. He has sent petitions to the city and mentioned he was informed a proposal to reinstate the bus stop at Paramount and Lubec on the south side of the intersection was rejected. Council Minutes 11/9/82 -3- 74� �5 Mr. Eccleston commented on his meeting today with RTD to discuss alternate locations other than the ones rejected by commercial businesses on Paramount. Addi- tional commercial businesses are being contacted for their approval of a two-hour parking restriction on Paramount Boulevard to protect them from long-term parking of park -and -ride vehicles and other cars that can park up to 72 hours. If a petition is received signed by a majority of residents in the block, then staff will return with a report and recommendation for restoration of the bus stop. Hopefully, a response will be received by the next Council Meeting. Mr. Mittleman pointed out that those people who ride the 460 Line do not want it removed, although they are not opposed to the park -and -ride. ORDINANCES ORDINANCE NO. 707 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8100.4 WHICH SAID SECTION RELATES TO RIGHT-OF-WAY DEDICATION The Ordinance was read by title only. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by unanimous vote to waive further reading and to adopt Ordinance No. 707. RESOLUTIONS RESOLUTION NO. 4179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING TIME LIMIT PARKING AND NO STOPPING RESTRIC- TIONS ALONG FIRESTONE BOULEVARD AND RESCINDING RESOLUTION NO.. 3802 The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to waive further reading and to adopt Resolution No. 4179. Mr. Eccleston explained that with the concurrence of the Traffic Committee, the section that would affect the north side of the street has been withdrawn. A discussion was held regarding the intent to eventually widen Firestone Boulevard throughout the City. AYES: 4 Council Members: Jackman, Barb, Davila, Quinn NOES: 1 Council Member: Cormack RESOLUTION NO. 4180 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 Jackman, seconded by Councilman Cormack, and passed by unanimous vote to waive further read- ing and to adopt Resolution No. 4180. RESOLUTION NO. 4181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CANCELLING CITY ENFORCEMENT RESPONSIBILITY FOR THE MOBILEHOME PARKS ACT, RETURNING RESPONSIBILITY TO STATE DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT, AND RESCINDING RESOLUTION NO. 914 The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to waive further reading and to adopt Resolution No. 4181. Mr. Rayson outlined the type of inspections made by the State, City, and the County and indicated the State will take over where the County has left off. The total annual fees to the State will be $1,224. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Council Minutes.11/9/82 -4- �7o ;26 CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by the following vote to accept the improvements constructed under Cash Contract #488, Rio Hondo Golf Course - Phase III, at a total cost of $254,980.29, and accept maintenance responsibility for the improvements constructed (A/C #52-17520). Councilman Jackman indicated any increases to a contract should be brought to the Couucil for approval. Mr. Martin explained that during construction,it was apparent a new pump house was needed, and rather than preparing separate specifications and going out to bid again, the price for the pump house was negotiated with the contractor already on site. Mr. Ralph stated a report on this item was previously submitted to the Council for information. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Jackman, seconded by Mayor Quinn, and passed by the following vote to approve extra work in the amount of $1,012.78; accept improvements constructed under Cash Contract #490A, Civic Center Parking - Phase I; and accept maintenance responsibility for the improvements (A/C #40-13919.0520). Mr. Henriksen responded to questions of Councilman Cormack concerning addi- tional costs incurred for grading and compacting, as well as placement of a soil sterilant in all permanent pavement areas. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Report on Lakewood Boulevard Sidewalks under Santa Ana Freeway Mr. Eggleston said additional information has been received from Caltrans regarding the number of pedestrians using the area under the bridge of the Santa Ana Freeway, and although the number is relatively light, Caltrans has indicated a seriousness in following through with further study, on the feasibility of sidewalks in that area. He mentioned in response to an inquiry by Miss Lindenfeld regarding the possibility of a similar situation in the I-105 Freeway area, it was explained to her the Freeway will be completely depressed, and similar conditions would not exist in that full pedestrian safety improvements will be provided. At the request of Councilman Barb, Mr. Henriksen gave a brief history of the pedestrian overcrossing for the Santa Ana Freeway in the vicinity of Manzanar Avenue, noting problems with the current tunnel at this location and the concern of parents for their children who use the tunnel. Caltrans has indicated it will participate 50 percent in the overcrossing at such time as the Santa Ana Freeway widening is completed. The initial construction cost was $400,000, but that figure has now doubled, and the City proposes FAU funds for 86 percent of its share, with the rest out of Gas Tax Funds. This project was included in the City's Transporta- tion Improvement Program. Caltrans needs additional right-of-way acquisition on the north side of the Santa Ana Freeway in order to build the required length of overcrossing, and it is anticipated construction could begin in Fall 1984. Councilman Barb questioned whether it would be 'financially feasible to build a costly overcrossing when Lakewood Boulevard is only 300 feet away. Mr. Henriksen raised a question of whether sidewalks on Lakewood Boulevard would allow pedestrians to travel safely through that area. He mentioned Caltrans is preparing a cooperative agreement, which will be 'submitted to the City for re- view and Council approval. At that time, the Council can either turn it down or approve it. It was moved by Councilman Jackman and seconded by Mayor Quinn to approve the proposed Administrative Regulation regarding the Hiring of Professional Consultants. Councilman Jackman questioned the need to hire 'a consultant at $10,000 and indicated he would like to have the figure reduced to $5,000. Also, any consultant hired should have Council approval. Mr. Martin stated the Council would approve the hiring and allocate the money to be spent before anyone is hired. The procedure says the City Manager would have the right to select and hire a consultant, put him to work, and spend moneys alloca- ted in the budget by the Council for that purpose. If the cost is over $10,000, then the City Council would select the consultant from a list of the top three. Council Minutes 11/9/82 -5- '7a 9% Mr. Henriksen explained this would only be done on projects already budgeted by the Council. During discussion, Councilman Jackman suggested this be sent back to the City Attorney for clarification. Councilman Barb made an amended motion, which was seconded by Councilman Cormack, to add a statement to the proposed procedure that this policy relates to pre -authorized budget items. Following further discussion, the motions were withdrawn. The proposed policy was referred back to staff to have it rewritten. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to approve an Agreement between the City and Alderman, Swift & Lewis for a Citywide Sewer Study and Analysis and authorize the Mayor to execute same. it was moved by Councilman Jackman, seconded by Councilman Cormack, and passed by the following vote to approve Change Orders on the Downey Civic Center - Library and City Hall Buildings; authorize staff to secure approval of the Civic Center Corporation; and notify the contractors that they can proceed as requested. Responding to questions regarding the changes, Mr. Lang mentioned the State requirement for double glazed windows came in after the plans were prepared and the bid documents had gone out. Also, he said, the design of the building was changed midstream when the building was downscoped in size and attempts were made to cut dollar amounts. The baffles were eliminated on the exterior, thereby requiring double glazing on the windows. This cost was foreseen and $90,000 was included in the bond issue, but the cost will be $106,00, which would have to be taken from the contingency fund set aside in the bond issue. Councilman Barb questioned whether there is any way to establish which change orders are for the City's request or items due to a mistake by the architect. Mr. Henriksen explained staff is keeping track of construction and any changes initiated by the architect or the City. He pointed out the plans were hurriedly prepared, and because of that omissions were made. Mr. Martin pointed out it is incumbent on the City to institute any changes that will make City Halla better facility, even if it might cost more money. AYES: 5 Council members: Cormack, Jackman, Barb, Davila, Quinn CITY MANAGER'S REPORT: None STAFF REPORTS: None ORAL COMMUNICATIONS - City Council With Council concurrence, Councilman Cormack directed staff to send a letter opposing the transfer ofpatients from Atascadero State Hospital to Metronolitan Councilman Jackman requested a short closed session for bringing the Council up to date on the Downey Community Hospital. Councilman Barb inquired regarding status of the Downey Avenue Project. Mr. Henriksen replied staff is attempting to obtain right-of-way certification from Caltrans because the project is funded through FAU money. Permission is also needed from some of the property owners for transition work on the driveways. Councilman Jackman inquired what is needed to stop the project. Mr. Henriksen requested staff be given an opportunity to speak to the advan- tages of doing the construction. Councilman Jackman does not feel any work should be done on this until the Council makes its decision. He personally would like to see the project stopped. To be brought back to the Council next meeting. Mayor Quinn submitted to the Traffic Engineer a letter from the Health & Environmental Sanitation Committee requesting a Study of Sidewalks on Major Thoroughfares. Council Minutes 11/9/82 -6- W 1 ORAL COMMUNICATIONS - Audience: None CLOSED SESSION The meeting was recessed to a closed session from 9:48 p.m. to 10:27 p.m. to discuss an update on the Downey Community Hospital and pending litigation. The meeting resumed with all Council Members present. ADJOURNMENT - 10:27 p.m. Robert L. Shand, City Clerk -Treasurer mod'. es T..Quinn, Mayor Council Minutes 11/9/82 -7-