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HomeMy WebLinkAboutMinutes-09-10-85-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 10, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Presentation by Auto Club - 1984 Pedestrian Safety Award of Excellence 1 Presentation of Picture Trophy of 1985 Downey Rose Float 1 Hearing to determine whether Dolan Av., a private street between Everest & Imperial, should be declared open for public use Closed; tabled Removal of Items from Consent Calendar 2 Minutes: Adj. Reg. Mtg., August 27, 1985; & Reg. Mtg., August 27, 1985 Approved 2 Rejection of Legal Claims: Ref. #749, Enterprise Rent-A-Car; Ref. #750, Marty; Ref. #751, Rowland; & Ref. #676, L.A. County Approved 2 General Warrants: #8331 - 8729 Approved 2 Proj. Area Comm.: Apptmt. of D. Clayton Mayes as rep. of Downey Unified School Dist. Approved 2 Railroad Safety Gates - Brookshire Av., Rives Av., & Regentview Dr., SS Proj.: Auth. fund transfer Approved 2 Res. #4638, Apprvg. Apptmt, of John Kennedy as Dir. of Civic Center Corp. Adopted 2 Res. #4639, Designating Intersection of Guatemala Av. & Lubec St. as 3-Way Stop Intersection Adopted 3 Res. #4640, Auth. Cost -of -Living Salary Adjstmt., Adopting 1985-86 City Clerk -Treasurer Pay Plan & rescinding Res. #4637 Adopted 3 Amendment to DMC re Hotels & Motels Hearing set 10/22/85 3 Instruct City Clerk to adjourn meeting of Oct. 8th to reg. mtg. of Oct. 22nd at 7:30 p.m. Approved 3 Council Meeting Procedures Approved as corrected 3 Brownie Brown req. City loan to construct bldg. for Downey Rose Float Held to next meeting 4 Leslie Olsen invited Council to attend dinner 9/28 of Downey Sister City Assn. 4 Mayor recognized former SE News reporter, Loran Lewis 4 Ord. #803 re Fortune -Telling Adopted as urgency 4 Res. #4641, Auth. Cost -of -Living Salary Adjustmts. for Executive Management, Middle Management & Confidential/Exempt Employees Adopted 5 Approp. Adjustmt. for Capital Imprvmt. Projs. Approved 5 Hearing to consider Rev. Sharing approp. to Gen. Fund to help pay for Firefighter salaries Set for 10/22/85 5 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 10, 1985 TABLE Of MINUTE ACTIONS (CONTINUED) SUBJECT Need to Transfer Funds from General Fund to CDBG Fund Special Agmt. w/Downey Comm. Hospital: Auth. City Mgr. Pro Tem to execute Additional Golf Privileges DART Buy -Back Agmt.: Auth. Mayor to enter into Agmt. w/Western Pacific Pulp &paper Requested increase in Residential Refuse Rates Councilmanic Districts: Motion to not alter Councilmanic Districts: Defer consideration of recommendation for Charter amendment until after committee has submitted its full report Chief Martin re passing of Bill by California Legislature re Bicycle Licensing ACTION Removed from Agenda Approved Tabled Approved Approved Approved Approved Cn. Santangelo re status of paving Brookshire Av. Dir. of P.W. to investigate Cn. Boggs re disposal of toxic waste by residents Dir. P.W. working on program Cn. Boggs re Mayor & Council Members Assn, meeting in December Mayor Davila re City of Commerce hosting dinner & trash -to -energy program Cn. Cormack re wall placed along river bed behind Guatemala - also bridge substantially closed Discussion re Chamber of Commerce forum on Long Beach Freeway offramp Mayor Davila re req. of County for City to participate in Older Americans Recognition Day on May 31, 1986 Meeting adjourned to 5:30 p.m., Sept. 24, 1985, for closed session on pending and potential litigation & personnel Meeting adjourned in memory of Mike Green, Chairman of Stamps Foundation Page 2 of 2 Referred to staff PAGE NO. 5 5 5 5 5 6 6 6 6 6 6 6 7 7 7 7 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 10, 1985 The City Council of the City of Downey held a regular meeting at 7:33 p.m., September 10, 1985, in the Council Chamber of the Downey City Hall, Mayor Bob Davila presiding. PRESENT: Council Members: Bob Davila Mayor James S. Santangelo Mayor Pro Tem Diane P. Boggs Robert G. Cormack Randall R. Barb ALSO PRESENT: Don Davis, City Manager Pro Tem' Carl K. Newton, City Attorney James R. Cutts, Director of Community Development William A. Ralph, Director of Public Works Lee Powell, Director of Administrative Services William F. Martin, Police Chief James R. Jarrett, Director of Community Services Ronald Yoshiki, City Planner William Sumner, Fire Marshal Scot Yotsuya, Assistant to the City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilwoman Boggs. PRESENTATIONS Mr. Robert Kerr, District Manager of the Automobile Club of Southern California, presented a 1984 Pedestrian Safety Award of Excellence. Mr. Jeff Smith, representing the Pasadena Tournament of Roses, presented a Picture Trophy of Downey's 1985 Rose Float. Mr. Brownie Brown, President of the Downey Rose Float Association, was also present. HEARINGS Mayor Davila opened the continued hearing to determine whether Dolan Avenue, a private street between Everest Street and Imperial Highway, should be declared open for public use. He inquired if there was any further staff report, and the response was no. It was indicated the Council has received several letters on this matter. Mayor Davila asked if anyone wished to speak in favor of declaring the street open for public use. Mr. Robert Amacur, 12542 Dolan Avenue, said the letter received from the Police Chief related to whether parking should be enforced on the street, but the hearing is whether the street should be declared open to public use. He and other residents are in favor of the Vehicle Code being enforced on Dolan Avenue. Chief Martin said he was asked by Councilwoman, Boggs to explore legalities of enforcing the Municipal Code and Vehicle Code on a private street. The Vehicle Code does give the City authority to pass a resolution or ordinance allowing enforcement of both codes on privately -owned streets, provided it declares the street be open to public use. The only change on Dolan Avenue would be enforcement of Vehicle Code and Municipal Code violations dealing with parking, speeding, etc. Council Minutes 9/10/85 -1- A �. Mr. Amacher explained he is in favor of vehicle enforcement because there are several residents that 'leave boats and other large vehicles in front of their homes for long periods of time. There being no one else to speak in favor, Mayor Davila asked if anyone wished to speak in opposition. When there was no immediate response, it was moved by Councilman Santangelo and seconded by Councilman Barb to close the hearing. Mr. Jim Karsjens, 12521 Dolan Avenue, said a neighborhood meeting was held at his home last Saturday, and he thanked Councilwoman Boggs for attend-ing and giving the City's opinion on this matter. He mentioned that a resolution was circulated among the residents and that 11 people were in favor while 31 want this matter discussed. Mr. Karsjens commented on the results of the neighbor- hood meeting which included the owner of the camper moving his vehicle off the street. The owner of the boat has had problems finding a safe location for storage, and hopes to have the problem solved within a few months. Also, the residents intend to solve the problems on their own, but if there are any that cannot be resolved, then several residents have been appointed to act as intermediaries. Rebuttal time was granted Mr. Armachur, who said a petition was circulated several months ago requesting removal of the boat and camper and that they were removed for approximately two months but are now back again. He questioned whether the agreement between the property owners is binding and who will enforce it. The motion to close the hearing was passed by unanimous vote. It was moved by Coucilwoman Boggs, seconded by Councilman Cormack, and passed by unanimous vote to table. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-F-3, City Council Meeting Procedures, was removed at the request of Councilwoman Boggs. Agenda Item VIII-F-1, Code Amendment regarding Hotels and Motels, was removed at the request of Mr. Cutts. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, August 27, 1985; and Regular Meeting, August 27, 1985. Legal Claims for Rejection: #749, Enterprise Rent-A-Car; Ref. #750, Michael Marty; Ref. #751, William Orville Rowland; and Ref. #676, Los Angeles County. General Warrants: #8331 - 8729 - $1,369,947.91. Project Area Committee:Appointment of 0. Clayton Mayes to serve as representative of Downey Unified School District. Railroad Safety Gates — Brookshire Avenue, Rives Avenue and Regentview Drive, SS Project No. 404: Authorize transfer of $32,700 from Account No. 26-16404 to pay the,City's share of the following safety gates: Resolution Location Downey Share 4408 Brookshire Avenue $ 11,000.00 4296 Rives Avenue 8,500.00 4407 Regentview Avenue 13,200.00 32,700.0 RESOLUTION NO. 4638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MR. JOHN KENNEDY AS A DIRECTOR OF THE CIVIC CENTER CORPORATION Council Minutes 9/10/85 -2- RESOLUTION NO. 4639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING THE INTERSECTION OF GUATEMALA AVENUE AND LUBEC STREET AS A THREE-WAY STOP INTERSECTION RESOLUTION NO. 4640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY _ AUTHORIZING COST -OF -LIVING SALARY ADJUSTMENT, ADOPTING THE 1985-86 CITY CLERK -TREASURER PAY PLAN, AND RESCINDING RESOLUTION NO. 4637 AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila Amendment to Downey Municipal Code regarding Hotels and Motels Mr. Cutts explained that due to a problem advertising this within the required time, he would request the hearing be set for the second meeting in October. It was moved by Councilwoman Boggs and seconded by Councilman Barb to set the hearing for 7:30 p.m., October 22, 1985, in the Council Chamber of the Downey City Hall. A discussion was held on scheduling Council Meetings for October, since the meeting of the 8th will fall during the time of the annual League of California Cities Conference in San Francisco. The motion to set the hearing was passed by unanimous vote. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote that the City Clerk be instructed to adjourn the meeting of October 8th to the regular meeting of October 22nd at 7:30 p.m. Councilwoman Boggs requested the following changes on City Council Meeting Procedures: Page 1, second paragraph, clarify that on alternating even -numbered years three Council Members are elected. Page 2, provide brief explanation of functions of the Community Development Commission and Downey Community Access Corporation. Clarify what the Council can and cannot discuss in closed sessions. Page 4, third paragraph, third line: Change "second reading" to "final action." Mayor Davila referred to Page 2 under the Brown Act and requested clarification of the term "public employee" since the Council does not have the right to dismiss an employee. Councilman Barb questioned changing the wording of something that is con- tained in the Brown Act. Mr. Newton said the term "public employee" is as used in the Brown Act, which considers the City Manager and City Attorney as public employees. A footnote can be added whereby under provisions of the Charter, only the City Manager has the power to appoint or dismiss employees other than the City Manager, City Attorney and City Clerk. Mayor Davila would like to have the footnote added. Councilman Cormack feels this would cause confusion. Councilman Santangelo thinks it is clear the way it is. It was moved by Councilwoman Boggs, seconded by Councilman Santangelo, and passed by unanimous vote to approve the City Council Meeting Procedures, as corrected. Council Minutes 9/10/85 -3- ORAL COMMUNICATIONS - Items, not on Agenda Mr. Brownie Brown, 9150 Florence Avenue, President of the Downey Rose Float Association, commented on City, citizen and Association involvement in preparing the Downey Rose Float forentry in the Rose Parade each year and mentioned that in 1982 the float was transferred from the City Yard to a ware- house in which to assemble the float, but that the warehouse is being sold making it necessary to move to another site. He described a City lot on Washburn Road which, he said, could be used by the Association with Council approval, and he requested consideration of a City loan in the amount of $30,000 in order to construct a steel building for housing the float. When asked if this location would interfere with any future development in that area, Mr. Cutts said the immediate plans are not to be doing anything on Washburn. Councilman Santangelo asked Mr. Brown to wait until the next Council Meet- ing and discuss this with Mr. Cutts to make sure there would not be problem, whereby the building would have to be moved in the future. Mr. Ralph commented on the City's use of the property and said there is an antenna on the front of the lot. Mr. Brown said the building would be built on back of the lot. It was moved by Councilman Santangelo and seconded by Councilman Cormack to hold this matter to the next meeting. Mr. Newton suggested there be some discussion between the Association and City as to whether it is contemplated the Association would lease the space for the building or the City would own the building. Mr. Brown anticipated the City would own the building but it would be built to the Association's specifications. The Association would pay back the loan over a period of years. Mr. Brown was asked to meet with staff and work out the details. Councilman Santangelo wants to make sure the Association provides liability insurance. Mr. Leslie Olsen, 8129 Florence Avenue, representing the Downey Sister City Association, reviewed the history and activities of the Association and invited the Council to attend a dinner to be held September 28th. Mayor Davila declared a recess from 8:28 p.m. to 8:35 p.m. The meeting resumed with all Council Members present. News. Mayor Davila recognized Loren Lewis, former reporter with the Southeast ORDINANCES ORDINANCE NO. 803 AN ORDINANCE OF THE CITY OF DOWNEY ADDING CHAPTER 8 CONSISTING OF SECTIONS 6800 THROUGH 6810 TO ARTICLE VI OF THE DOWNEY MUNICIPAL CODE AND REPEALING SECTION 4131 OF THE DOWNEY MUNICIPAL CODE RELATING TO FORTUNE-TELLING Councilman Barb is concerned the Ordinance is not very restrictive. Mr. Newton commented on the opinion of California Supreme Court striking down an Ordinance prohibiting fortune-telling, which was based on decisions of the State Constitution and said that an Ordinance prohibiting fortune-telling is in violation of free speech provisions of the California Constitution. He stated the Ordinance under consideration is proposed as a measure enabling the City to require a permit of someone who plans to engage in this business and would impose a bond requirement upon the applicants; pro -vide for background investigation; and conditions issuance of the permit upon a clean criminal record on the part of the applicant. Mr. Newton believes this is about as far as the City can go under the law as interpreted by the Supreme Court. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to set the license fee at $1,000 per year. Council Minutes 9/10/85 -4- Councilman Santangelo feels $1,000 would be exhorbitant and the City would be challenged. Discussion followed. AYES: 4 Council Members: Boggs, Cormack, Barb, Davila NOES: 1 Council Member: Santangelo The Ordinance was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt. RESOLUTIONS RESOLUTION NO. 4641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOMNEY AUTHORIZING COST -OF -LIVING SALARY ADJUSTMENTS FOR EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT EMPLOYEES The Resolution was read by title only. It was moved by Councilman Santangelo, seconded by Councilwoman Boggs, and passed by unanimous vote to waive further reading and to adopt. ADMINISTRATIVE REPORTS Appropriation Adjustment for Capital Improvement Projects It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by the following vote to appropriate $132,900 from the General Fund for listed projects and reflect such projects in the City's Capital Project Fund; and schedule a hearing on October 22, 1985, to consider Revenue Sharing appropriation to the General Fund to help pay for Firefighter salaries. Councilwoman Boggs noticed the list does not include the Library entrance. Mr. Davis said this will be coming back to the 'Council in two weeks. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila At staff's request, it was so ordered to remove from the Agenda the Need to Transfer Funds from the General Fund to the CDBG Fund to be brought back at a later date. It was moved by Councilman Barb, seconded by Councilman Santangelo, and passed by unanimous vote to authorize the City Manager Pro Tem to execute the Special Agreement with Downey Community Hospital. It was moved by Councilman Santangelo and seconded by Councilman Barb to table Additional Golf Privileges. There being no objections, it was so ordered. DART Buy -Back Agreement Mr. Ralph commented that the purpose of a buy-back center is to help raise additional funds for the DART program and said most cities having recycling programs try to work both in curbside pickup and a buy-back center. Rather than invest in property, building, and equipment, it is recommending utilizing facilities already in the City, and one of the local buy-back centers has agreed to work out an arrangement. Discussion was held regarding losses in operation of the DART program. Councilwoman Boggs questioned the differencein labor hours shown on Exhibit 4 between the months of February, which is the highest, and June, which is the lowest. It was moved by Councilman Santangelo; seconded by Councilwoman Boggs, and passed by unanimous vote to authorize the Mayor to enter into an agreement with Western Pacific Pulp and Paper, Inc., to participate in a DART buy-back program. Requested increase in Residential Refuse Rates Council Minutes 9/10/85 -5- K�3 Mr. Ralph commented on the contractural agreement with Calsan for collec- tion and disposal of residential refuse, which calls for a rate adjustment each year based on a formula. The requested increase has been reviewed by staff and the Health & Environmental Sanitation Committee and they concur with the increase. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to approve the requested rate increase. Mr. Ralph answered questions regarding the Calsan operation. Mrs. Glendon, 9733 Guatemala, inquired how the rates in Downey compare to other cities in the area. Mr. Ralph replied Downey is at the bottom of surrounding cities, although there are one or two cities of 10-15 cities in the area that have lower rates. Mrs. Glendon complained about the continual increase in rates. Mayor Davila mentioned many people exceed the weight limit for trash and that Caltrans has never complained. Councilwoman Boggs also pointed out that dumping expenses have increased, and there is a limitation on where rubbish can be dumped. Mr. Ralph mentioned that insurance is not included as part of the formula and yet insurance costs have increased substantially. AYES: 5 Council Members: Santangelo, Boggs, Cormack, Barb, Davila It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by the following vote to not alter the existing Councilmanic Districts. It was moved by Councilman Santangelo, seconded by Councilman Barb, and passed by unanimous vote to defer consideration of a recommendation for a Charter Amendment to be placed on the earliest special or regular election ballot until after the Committee has submitted its full report. ORAL COMMUNICATIONS - Staff Members Chief Martin mentioned he has been notified by Senator Carpenter's office that the bill affecting Bicycle Licensing and leaving the option open to local control, which the Council asked him to carry to the California Legislature, has been passed and signed into Law by the Governor. ORAL COMMUNICATIONS - Audience: None ORAL COMMUNICATIONS - City Council Councilman Santangelo inquired regarding status of paving Brookshire Avenue. Mr. Ralph explained the delay has resulted due to a decision to replace a gas line. He will check on the schedule and contact Councilman Santangelo. Councilwoman Boggs said she has received a citizen's inquiry on how residents are to dispose of toxic waste. Mr. Ralph indicated staff is attempting to come up with a program for providing containers and a location. He suggested having citizens contact the Public Works Department on this matter. Councilwoman Boggs asked if the Mayor and Council Members Association will be meeting in Downey in December, and she suggested preparing official City of Downey pins to be given away at that meeting. Also, the pins could be sold to offset their cost. Referred to staff. Mayor Davila said he has been working with staff on a program for the Mayor and Council Members Association meeting. The Council Members indicated they would like to be informed of plans for the meeting. Mayor Davila mentioned the City of Commerce is hosting a dinner and a trash to energy program. Council Minutes 9/10/85 -6- Councilman Cormack said he is involved with the joint powers agreement on this matter. Councilman Cormack noted a wall has been placed along the river bed behind Guatemala. Mr. Ralph explained the equestrian bridge has been substantially closed off. Chief Martin said a preliminary look at the burglary rate shows it has declined. Mayor Davila said he has received communication regarding the proposed Long Beach Freeway offramp involving the cities of South Gate and Downey, and he questioned why the Downey Chamber of Commerce would become involved in this matter. Councilwoman Boggs has received a complaint from the Downey Chamber of Commerce stating they were contacted by Mayor Davila who informed them they did not have a right to invite anyone from South Gate to address one of their committees without the Mayor's permission. She does not feel the Mayor or City Council Members should dictate to civic organizations who they may or may not have as speakers. Councilwoman Boggs would like to convey her apology to the Chamber on behalf of the Council for interferring in this matter. Mayor Davila first became aware of the situation upon receipt of a letter from the Mayor of South Gate challenging him to a debate before the Chamber of Commerce. He does not feel members of the Council should be involved in such matters. He feels he was acting appropriately. Councilman Barb said the issue is the offramp, and Caltrans plans to go through with a full environmental impact study, which is what the City of Downey wants. He intends to go to the Chamber and inform them of the Council's concerns. Councilman Santangelo feels the Chamber should have consulted with the City prior to conducting a debate, and if there is a problem it should be discussed with the Chamber President. Councilman Cormack said this could have been discussed with the Council as a group. Mayor Davila commented on receipt of a letter from the County regarding Older Americans Recognition Day on May 31, 1986, and requesting the City of Downey participate. Referred to staff. ADJOURNMENT: 9:45 p.m. The meeting was adjourned to 5:30 p.m., September 24, 1985, in the Council Chamber of Downey City Hall, for closed session on pending and potential litigation and personnel matters. The meeting was also adjourned in memory of Mr. Mike Green, Chairman of the Stamps Foundation. R bert L. Shand, City Clerk -Treasurer Bob Davila, Mayor Council Minutes 9/10/85 -7-