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HomeMy WebLinkAboutMinutes-09-24-85-Regular MeetingI MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 24, 1985 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Removal of Items from Consent Calendar 1 Minutes, Adj. Reg. Mtg., Sept. 10, 1985 Approved 1 Legal Claims for Rejection: Ref. #755, Trula Tarver - Appl. for Late Claim Rejected 1 Cash Contract #SS-363 (FAU), Clark Av. - Imperial Hwy. to Lakewood Bl.: Change Orders #1, 2 & 3 & accept improvements Approved 1 General Warrants #8730 - 8952 Approved 1 Golf Course Joint Powers Auth.: Amended Conflict of Interest Code Approved 1 City/School Dist. Agmt.: Auth. C.M. to sign for providing 900 hours extraordinary patrol service Approved 1 Appropriation Adjustment: Carry forward of pre- vious year encumbrances Approved 1 Res. #4642, Proposing to Annex into Ltg. Dist. (Annex. 85/30, Stewart & Gray bet. Rives/Horton Adopted 2 Res. #4643, Apprvg. Engr's. Rpt. (Annex. 85/30) Adopted 2 Res. #4644, Decl. Int, to Annex into Ltg. Maint. Adopted; sets hearing Dist. AD 121 (Annex. 85/30) for 10/22/85 2 Res. #4645, Apprvg. Appl. for Grant Funds for Furman Park Bldg. Renovation Adopted 2 Minutes, Reg. Mtg., Sept. 10, 1985 Approved as corrected 2 Resolutions re Fees for Copies & Fees for Research & Investigation Cont'd. to 10/22/85 2 John Gonzalez re processing of building permit copies 3 Susanna Parker re complaint on storing antique cars in garage at NE corner Via Amorita & Susan 3 Richard Russell re stop sign at intersection of Guatemala & Lubec 3 Ord. re Satellite Dish Antennas (urgency) Held over to 10/1/85 3 CC #SS-396, Via Amorita Av./Susan Av.: Auth. transfer of funds & award contract Approved 3 Citywide Transportation Needs Assessment Tabled 4 Downey Rose Float Assn. - Const. Loan Request Cont'd, to 10/22/85 5 Unscheduled Equipment Purchase of Tractor & auth. budget appropriation Approved 5 Modification of Library Entrance doors: Appropriation of funds Approved 5 Mr. Ralph re comments of speakers on SS Proj. #396, Via Amorita 5 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 24 1985 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT ACTION PAGE NO. John Gonzalez re Resolutions on fees for copies & for research & investigation 5 John Gonzalez re advertising of Ordinance on Moratorium re Satellite Dish Antennas 5 Mayor Pro Tem Santangelo re AB 365 on Prosecu- table Definition of Obscenity 5 Cn. Barb re letter from Eleanor Lindenfeld re her water meter 5 Meeting adjourned to 5:00 p.m., Oct. 1, 1985, for consideration of personnel 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 24, 1985 The City Council of the City of Downey held a regular meeting at 8:18 p.m., September 24, 1985, in the Council Chamber of the Downey City Hall, Mayor Pro Tem James S. Santangelo presiding. PRESENT: Council Members: James S. Santangelo Mayor Pro Tem Diane P. Boggs Randall R. Barb ABSENT: Bob Davila Mayor (excused) Robert G. Cormack (excused) 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 Harald J. Henriksen, City Engineer Clint Crosby, Acting Battalion Chief 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 Reverend Joe Grana, First Christian Church. The Flag Salute was led by Councilman Barb. PRESENTATIONS - None HEARINGS - None REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-G-1, Resolution regarding Fees for Copies of Documents; and VIII-G-2, Resolution regarding Fees for Research and Investigation Documents; were removed at the request of Councilwoman Boqqs. Agenda Item VIII-A-2, Minutes of Regular Meeting, September 10, 1985, was removed at the request of Mayor Pro Tem Santangelo. CONSENT CALENDAR It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, September 10, 1985. Legal Claims for Rejection: Ref. 1755, Trula Tarver - Application for Late Claim. Cash Contract #SS-363 (FAU), Clark Avenue - Imperial Highway to Lakewood Boulevard: Approve Change Orders No. 1, 2, and 3 and accept improvements constructed and maintenance responsibility. General Warrants: #8730 - 8952 - $1,310,323.27. Golf Course Joint Powers Authority: Adopt amended Conflict of Interest Code. City/School District Agreement: Authorize the City Manager to sign agreement for providing 900 hours of extraordinary patrol service. Appropriation Adjustment: Carry forward of previous year encumbrances. Council Minutes 9/24/85 -1- nK�n RESOLUTION NO. 4642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT NO. A.D. 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATION 85/30 STEWART AND GRAY ROAD BETWEEN RIVES AVENUE AND HORTON AVENUE) RESOLUTION NO. 4643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR THE ADDITION TO LIGHTING MAINTENANCE DISTRICT A.D. 121 OF ANNEXATION 85/30 - STEWART AND GRAY ROAD BETWEEN RIVES AVENUE AND HORTON AVENUE RESOLUTION NO. 4644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA INTO THE LIGHTING MAINTENANCE DISTRICT A.D. 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES (ANNEXATION 85/30 - STEWART AND GRAY ROAD BETWEEN RIVES AVENUE AND HORTON AVENUE) (sets the hearing for 7:30 p.m., October 22, 1985) RESOLUTION NO. 4645 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR FURMAN PARK BUILDING RENOVATION AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 2 Council Members: Cormack, Davila Minutes, Regular Meeting of September 10, 1985 Mayor Pro Tem Santangelo referred to Page 7 regarding Proposed Long Beach Freeway offramp, wherein it states "Councilman Santangelo feels the Chamber (of Commerce) should have consulted with the City prior to to conducting a debate," which he said was taken out of context. He wants the record clarified that he under no circumstances feels the Chamber should have to check with the City in conducting its business, and he asked that the Minutes be modified to reflect that fact. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to approve the Minutes as corrected. AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 2 Council Members: Cormack, Davila Resolutions regarding Fees for Copies and Fees for Research and Investigation Councilwoman Boggs is concerned whether ten minutes for locating a document is too short of a time. It was moved by Councilwoman Boggs and seconded by Councilman Barb to change it to at least 15 minutes. Councilwoman Boggs then suggested taking another look at this matter and to bring back the resolutions at the meeting of October 22nd for a full Council. It was so ordered to bring the Resolutions back on October 22nd. Mr. John Gonzalez, 12350 Orizaba, indicated he would like to speak to the resolutions and was told they were continued to October 22nd. Mayor Pro Tem Santangelo declared a recess from 8:27 p.m. to 8:37 p.m. The meeting resumed with Council Members Boggs, Barb, Santangelo present; Council Members Cormack, Davila absent. Council Minutes 9/24/85 -2- ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba, spoke regarding processing of building Permit copies, one of which is sent to the County Tax Assessor, and said Downey is the only City that requests the Assessor to return the copy. He questioned the amount of time and money spent in sending copies to the Tax Assessor to be returned back to the City and suggested the Assessor's office be allowed to keep the copy. He also questioned what the City does with the other copies. Mrs. Susanna Parker, 7214 Via Amorita, complained about storing of antique cars in a garage at the northeast corner of Via Amorita and Susan, which are being renovated and hauled away for auction. She requested this be looked into. Mayor Pro Tem Santangelo asked Mrs. Parker to see Mr. Cutts, who will keep her advised on this matter. Councilwoman Boggs is concerned about people illegally operating businesses from their homes, and she hopes there can be stronger Code enforcement on this problem. Mr. Richard Russell, 9759 Guatemala Avenue, commented regarding the stop sign installed at the intersection of Guatemala and Lubec, which he said is located in his front yard and has made it impossible for he and his neighbor to enter or exit their driveways. He mentioned the City's staff has recommended a stop sign not be placed at this intersection, and he questioned why the Council would disregard the recommendation of staff. Also no notification was given that the Council intended to implement the stop sign. Councilman Barb explained the Council has listened to people from the Guatemala area during several meetings, and some of the people were in favor and others were opposed to the stop sign. Petitions have been received on both sides of the issue. Several weeks ago the Council did respond to a group of residents requesting the stop sign, and at that time it was agreed to install the sign on a trial basis to see if it would solve the problem. If it does not, then the sign will have to be removed. Councilwoman Boggs said the Council has received input from people opposed and in favor of the stop sign, and people on the Island opposed were to "no right turn signs" because it was felt they were blocking access to their neighborhood. Also, she has visited the area because of complaints received regarding location of the stop sign. Mayor Pro Tem Santangelo stated the Council is comprised of five people in the community trying to do the best it can for the City. After a report back on what effect the stop sign has had on the area the Council will act accordingly. ORDINANCES There being no objection, it was so ordered to hold the Urgency Ordinance on Satellite Dish Antennas over for one week (October 1, 1985). RESOLUTIONS: None ADMINISTRATIVE REPORTS It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the folowing vote to authorize transfer of funds in the amount of $13,000 from Account No. 26-16398 to 26-16396 for use on Cash Contract No. SS 396, Via Amorita Avenue/Susan Avenue and award a unit price contract totaling $95,393,25 to Nobest Incorporated for construction of street improvements. Mrs. Parker, 7214 Via Amorita, commented on receipt of a letter from the City outlining an alternative of requiring adjacent property owners to acquire a minimum of $500,000 liability insurance if trees are to be retained. She insisted on concrete curbing, driveways and aprons to replace what they have had for 38 years. Mrs. Parker agreed to having the trees removed. Mr. Ralph said the intent of the letter was to explain the City's problem with liability. He then discussed the proposed improvements and indicated staff could not recommend concrete which costs substantially more than asphalt. He also noted removal of the trees will allow the planting of good trees. Mrs. Parker stated the four residents who will have their pine trees removed do not want the pine trees the City intends to plant. She cited the Council Minutes 9/24/85 -3- necessity of trimming and topping trees and recommended taking the money slated for this project and using it to improve the Firestone corridor. Councilwoman Boggs responded to comments of Mrs. Parker regarding liability insurance and the City's attempt to redevelop the Firestone corridor. Miss Peggy Moyer, 7219 Via Amorita, said the tree in front of her home is not lifting the pavement and sidewalk. She asked if the tree could be allowed to remain until such time as it does cause damage. Mr. Ralph stated there are two trees in the front yard at 7219 Via Amorita, but only one is to be removed. All of the trees to be removed are causing damage. Staff is recommending a slower growing pine for the narrow parkways. Mrs. Peggy Moyer, 7219 Via Amorita, said the aleppo pine is not eroding the sidewalk or curb but the damage was caused by a prior tree that was removed and replaced. She has suggested putting metal cylinders around the trees to force the roots down instead of into curbs and sidewalks and was told it would be taken into consideration. Mrs. Moyer has agreed to remove her tree but she also wants the City tree removed. Mayor Pro Tem Santangelo explained Mr. Ralph has indicated he would be willing to go out and talk to the residents. AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 2 Council Members: Cormack, Davila Citywide Transportation Needs Assessment It was moved by Councilwoman Boggs and seconded by Councilman Barb to approve recommendation No. 1 only for authorizing transmittal of LACTC Proposition A funding application in the amount of $50,000. (See motion to table.) Councilwoman Boggs indicated she will be watching the funds very closely and had hoped staff would be able to conduct the study. Councilman Barb cannot see spending money for the study and feels staff can determine transportation needs for senior citizens and handicapped or groups that will utilize it the most. He is not in favor of putting together a full- scale bus program, and he would like to see staff conduct a limited study of the needs discussed. Councilwoman Boggs pointed out that Proposition A money is available, and she would like staff to look into the type of bus service for moving citizens within Downey to take care of their basic needs. She would prefer to see a survey for less than $50,000. Mr. Jarrett responded to questions regarding the Dial -a -Ride program. Councilman Barb feels an expanded Dial -a -Ride service would meet the needs. Mayor Pro Tem Santangelo does not want to authorize funds for study by a consultant without having first received preliminary information from staff on the Dial -a -Ride system and whether it is being utilized to full extent. Mr. Roger Lawrence, 9627 Cheddar, mentioned the Council is hesitating on spending $50,000 for a study but he has seen no long range plan on how the City will spend the Prop A funds it continues to receive. It was moved by Councilwoman Boggs, seconded by Councilman Barb, and so ordered to table. Mr. Jarrett explained the Council has received two reports, one of which was a survey of other cities and what they are doing in developing their own system, and the other was an analysis of the City's system including its deficiencies. From staff's perspective it is felt there are four -to -five areas that should be improved in expanding hours, more flexible scheduling, and same day service. Mayor Pro Tem Santangelo asked that any future report include a copy of previous reports and what equipment the City has now. It was noted the motion to table included all three recommendations. Council Minutes 9/24/85 -4- Councilman Barb said he is requesting an analysis of the transit system from an efficiency standpoint, how many people are being transported, how a regular route would be handled. The Downey Rose Float Association - Construction Loan Request was continued to the meeting of October 22, 1985. It was moved by Councilman Barb, seconded by Councilwoman Boggs, and passed by the following vote to approve an Unscheduled Equipment Purchase of a tractor in the estimated amount of $6,652.50 and authorize a budget appropriation in a like amount from the Golf Course Enterprise Fund unappropriated reserve. AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 2 Council Members: Cormack, Davila It was moved by Councilwoman Boggs, seconded by Councilman Barb, and passed by the following vote to approve Modification of Library Entrance Doors and appropriation of funds in the amount of $15,000 from the General Fund Reserves. Councilwoman Boggs would like the architect to take a look at the flaw in design of locating the computer next to the doorway. Councilman Barb suggested installing a barrier rather than two additional doors if it will solve the problem. AYES: 3 Council Members: Boggs, Barb, Santangelo ABSENT: 2 Council Members: Cormack, Davila ORAL COMMUNICATIONS - Staff Members Mr. Ralph said the comments made by the speakers on Cash Contract No. SS 396, Via Amorita Avenue/Susan Avenue is an exaggeration of what has taken place over the last several years. ORAL COMMUNICATIONS - Audience Mr. John Gonzalez, 12350 Orizaba, spoke regarding the Resolutions on Fees for Copies of Documents and Fees for Research and Investigation Documents and questioned the proposed fees and mentioned there was a Judge's ruling on the Downey CARES matter in which it was stated the City could not charge more than 10 cents a copy. Mr. Newton advised there was a ruling of the Court in that the Judge confirmed the structure of fees for documents the City was utilizing, and the claim on this matter was denied by the Court. Mr. Gonzalez said it should be up to the taxpayers as to whether they are for or against this, and he commented on the difficulty he has had in obtaining copies of documents necessary in the lawsuit the City has pending against him. Mr. Newton explained that in litigation matters, if the City receives a Motion to Produce or subpoena, no charge is made for those documents. Charges imposed by the proposed resolutions would have no relation. Mr. Gonzalez feels the proposed Ordinance establishing a Moratorium on Satellite Dish Antennas should have been advertised in the newspaper. ORAL COMMUNICATIONS - City Council Mayor Pro Tem Santangelo commented on receipt of a letter regarding Assembly Bill 365 concerning a Prosecutable Definition of Obscenity. Councilwoman Boggs has requested the Council's secretary to obtain a copy of the bill so that it can be reviewed prior to any decision by the Council. Councilman Barb mentioned he received a letter from Eleanor Lindenfeld regarding her water meter, and he requested a report for the Council with the possibility of making this an agenda item at the next meeting. Council Minutes 9/24/85 -5- ADJOURNMENT: 9:55 p.m. The meeting was adjourned to 5:00 p.m., October 1, 1985, for consideration of personnel matters, confidential information, and open session to consider any business that may come before the City Council. Robert L. S & d', City Qlerk-Treasurer —Jame5 S. Santang", Mayor Pro Tem Council Minutes 9/24/85