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HomeMy WebLinkAboutMinutes-09-22-87-Regular MeetingMINUTES OF THE CITY COUNCIL 8325 OF THE CITY OF DOWNEY SEPTEMBER 22, 1987 The City Council of the City of Downey held a regular meeting at 7:50 p.m., September 22, 1987, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Robert G. Cormack Mayor Pro Tem Randall R. Barb Roy L. Paul James S. Santangelo ALSO PRESENT: Don Davis, City Manager Peter Thorson, Acting City Attorney Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Pete Stone, Acting Police Chief Lee Powell, Director of Administrative Services Scott Field, Attorney/Burke, Williams & Sorensen Sylvia Garcia, Communications Specialist Mark Huebsch, Community Development Counsel Victoria Jenkins, City Librarian William Makshanoff, Building Official Robert Mason, Communications Intern Greg Mayfield, Water & Sanit. Superintendent William Mcculloch, Motor Officer Richard Redmayne, City Engineer Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Boggs presented to Mr. and Mrs. Pete Martin and their family a Proclamation selecting their family as Hispanic American Family of the Year. Mayor Boggs read into the record a Proclamation declaring the week of October 4-10, 1987, as Fire Prevention Week; and that October 8, 1987, be declared Firefighters Day. Mayor Boggs acknowledged Appreciation to Mr. Douglas Baker as the City's representative to Southeast L.A. Area Private Industry Council. Mayor Boggs acknowledged Appreciation to Mr. Steve Chang, Eagle Scout Badge Recipient - Troop 2, Boy Scouts of America. HEARINGS Mayor Boggs opened the Public Hearing for Introduction of an Ordinance Granting Consent to Transfer of Existing Cable Television Franchise to American Cablesystems of California, Inc. Joyce Baker, on behalf of the City Clerk, affirmed the Proof of Publication and stated that there was no correspondence received on this matter. Hearing no objections, proof was received and filed. Scot Yotsuya, Assistant to the City Manager and Scott Field, Attorney from Burke, Williams & Sorensen, submitted the staff report and background on this transfer of franchise from Rogers Cablesystems, Inc. of Toronto to American Cablesystems of California, Inc. Mayor Boggs called for those in the audience who wished to speak in favor of this Franchise Ordinance. Council Minutes 9/22/87 -1- MM Mr. Terry Soley, 5731 Buckingham Park Place, Culver City - representing American Cablesystems; Mr. John Kennedy, 9957 Brookshire Ave., Downey -Chairman of the Cable Committee; and Vic Pascarelli - General Manager of American Cablesystems of California, Inc., responded to Council questions later in the meeting. Mayor Boggs called for those in the audience who wished to speak in opposition to this Franchise Ordinance. Mr. John Gonzalez, 12350 Orizaba Ave., complained that he believed some Council Members and Department Heads received free cable television from Rogers Cablesystems, Inc. Mr. Lennie Whittington, 8542 Manatee St., stated that all supporting — documents were not submitted along with the Agenda Friday before this meeting at the Library; some documents were submitted as late as today. He also complained that he believed that Council Office and various City Departments received free cable television in their offices and homes. It was moved by Council Member Cormack, seconded by Council Member Santangelo, and unanimously carried that the Public Hearing be closed. Council as a body recognized the amount of dedication and work put into this transfer. Council discussed and amended the proposed Ordinance as follows: It was moved by Council Member Santangelo, seconded by Mayor Boggs, and carried 3-2 (Mayor Boggs and Council Member Paul voting no) to amend on Page 20, Section 7.2, by deleting the last sentence (The City may grant an extension of time for the removal of the tower upon a showing of good cause by Grantee). It was moved by Council Member Santangelo, seconded by Mayor Boggs, but failed 1-4 (Council Member Santangelo voting yes) to remove the words "Upon reasonable notice," from Section 22(d), 5th line on Page 27. It was moved by Council Member Barb, seconded by Mayor Boggs (but withdrawn later with consent of second) to amend Page 7, Section B to retain 25%. The meeting recessed at 9:13 p.m. and reconvened at 9:25 p.m. with all Council Members present. It was moved by Council Member Barb, seconded by Council Member Santangelo, and carried unanimously to amend Page 7, Section 4.B to delete the words following the last comma (or more then fifty percent of Grantee's parent's ownership stock) and to insert the words or actual voting control of Grantee's parent. It was moved by Council Member Barb, seconded by Mayor Boggs (and withdrawn later with consent of second) to amend Page 19, Section 19 B (b) in the forth and fifth line changing two to three. It was moved by Council -Member Barb, seconded by Council Member Santangelo, and carried 4-1 (Council Member Paul voting no) to amend Page 20, Section 19 B (b) to delete the last sentence (Grantee may change this service if technology or market demand warrants). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY (1) GRANTING CONSENT TO THE TRANSFER OF AN EXISTING CABLE TELEVISION FRANCHISE TO AMERICAN CABLESYSTEMS OF CALIFORNIA, INC.; (2) AMENDING ORDINANCE NO. 679; (3) AMENDING ORDINANCE NO. 644; AND (4) CONCERNING RELATED MATTERS The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and unanimously carried to waive further reading and to introduce this Ordinance as amended. Council Minutes 9/22/87 -2- 8327 ORAL COMMUNICATIONS - Items not on Agenda Mr. John Gonzalez, 12350 Orizaba St., re difficulty in completing his home improvements due to City requirement for $100,000 insurance and requirement that he replace curb. Mr. Lennie Whittington, 8542 Manatee St., asked to speak later on policy for Oral Communications item. Request granted. CONSENT CALENDAR Agenda Items"`VI-E-1, Street Sweeping Contract; VI-F-2, Parcel Map No. 18461, 12000 Woodruff Avenue; and VI-F-4, Approving Owner Participation Agreement between Community Development Commission and Barry and Bonnie Murdock- 12006 Regentview Avenue, were removed at the request of Council Member Santangelo. Agenda Item VI-C-I, Cash Contract No. 553, Construct Bus Shelters at Various Locations, was removed at the request of Mayor Boggs. Mr. Lennie Whittington, 8542 Manatee St., also requested the removal of Agenda Item VI-E-1, Street Sweeping Contract, which was removed above by Council Member Santangelo. Minutes: Adjourned Regular Meeting, September 8, 1987; and Regular Meeting, September 8, 1987: Approve. General Warrants #33441 - 33633 and #33644 - 33735, $1,199,968.90: Approve. Zone Change Case #239 for Property Located at 7190-7244 Firestone Boulevard - Planning Resolution No. 1059: Set Public Hearing for October 13, 1987: Approve. Grant Award for Children's Materials Collection Development in Urban Areas: Accept grant award and approve the expenditure of $5,000 for children's library materials: Approve. Renewal of Agreement for Five -City Joint Communication Center: Approve renewal of agreement. Approval of Project Area Committee Members: Approve the appointment of Ms. Georgia Benadom and Mr. James Crawford. Final Payment - Archiplan - Demonstration: Approve final payment to Archiplan in the amount of $12,450.55 leaving a remainder of $12,356.98. RESOLUTION NO. 4932 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF RICHARD M. JENNINGS AS A MEMBER OF THE GOLF COURSE AUTHORITY FOR COUNCILMANIC DISTRICT TWO RESOLUTION NO. 4934 (ADOPT) 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 87/64 - SANDY LANE FROM 100 FEET SOUTH OF DEVENIR STREET SOUTHERLY TO THE FREEWAY FRONTAGE ROAD RESOLUTION NO. 4935 (ADOPT) 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 87/64 - (SANDY LANE FROM 100 FEET SOUTH OF DEVENIR STREET SOUTHERLY TO THE FREEWAY FRONTAGE ROAD) Council Minutes 9/22/87 -3- MW RESOLUTION NO. 4936 (ADOPT) 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 87/64 - SANDY LANE FROM 100 FEET SOUTH OF DEVENIR STREET SOUTHERLY TO THE FREEWAY FRONTAGE ROAD) (Public Hearing set for October 27, 1987) It was moved by Council Member Cormack, seconded by Council Member Santangelo, and carried by the following vote to approve the remainder of the Consent Calendar as recommended: AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs ORDINANCES Administrative Services Director Powell with some assistance from Bond Counsel Greg Harrington of Orrick, Herrington & Sutcliffe, submitted this Water Bonds Implementing Ordinance and responded to questions by Council. Greg Mayfield, Water Superintendent, was also in attendance to answer questions by Council. Mr. Powell advised Council that the City Attorney wanted to make two minor changes in the Ordinance; first, was to insert the word "or" on page 1, line 2, Section 2., between the words the "Mayor" and "City Manager"; insert the word "or" on page 2, line 2, Section 3, between the words "Mayor" and the "City Manager". Council Member Santangelo clarified that this project has no special material effect to his property over that of any other citizen. Mr. Lennie Whittington, 8542 Manatee St., noted spaces which are not filled in on the Agreements. Bond Counsel responded that those will be entered after — receipt of the Official Report and that the Ordinance is in substantial form. Mr. Powell affirmed that it would be necessary to request a water rate increase and indicated that report/request would be before the Council in the near future. Council Member Santangelo indicated concern as to the unknown figures which will be necessary to formulate this water rate increase. Council Member Paul discussed the fact that the proposed inprovements were related to improving pressure and quantity in an antiquated system as opposed to water treatment which is not required at this time. Mr. Powell noted that our water rates have been lower than surrounding cities in the past. Council Member Barb asked staff to do a comparison of water rates in surrounding cities for Council information. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT AND AN INSTALLMENT PURCHASE AGREEMENT RELATING TO AN INSTALLMENT PURCHASE FINANCING AND APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH The Ordinance was read by title only. It was moved by Council Member Paul, seconded by Council Member Barb, and carried 4-1 (Council Member Santangelo voting no) to waive further reading and to introduce. Council Minutes 9/22/87 -4- 8329 RESOLUTIONS RESOLUTION NO. 4938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE SALE OF $12,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF DOWNEY CERTIFICATES OF PARTICIPATION (WATER SYSTEM IMPROVEMENT PROJECT) The Resolution was read by title only. It was moved by Council Member Barb, seconded by Council Member Paul, and carried 4-1 (Council Member Santangelo voting no) to waive further reading and to adopt. The meeting was recessed at 10:40 p.m. and reconvened at 10:48 p.m. with all Council Members present. ADMINISTRATIVE REPORTS A Report Entitled Draft "No Smoking" Ordinance for City Council Discussion and Direction - dated September 22, 1987 from Office of the City Manager was submitted along with attachments which outlined activities in other cities related to smoking in public places and a "middle of the road" sample Ordinance. Council agreed that they would like the business community involved with a survey to get more ideas and feeling for the final "strictness" of an ordinance. A newspaper survey was suggested and a survey in the Chamber of Commerce Mailer. The business license listing could also be used to obtain addresses for mailing the survey. ITEMS REMOVED FROM CONSENT CALENDAR Cash Contract No. 553, Proposed Bus Shelters at Various Locations Mayor Boggs asked if there were pictures available to show how the proposed bus shelters would look? City Engineer Redmayne advised when the bids come in from each company, renderings will also be submitted. Council discussed locations as approved by the Keep Downey Beautiful Committee and also whether shelters were approved on a high usage basis. It was moved by Mayor Boggs, seconded by Council Member Santangelo, and unanimously carried to approve the Plans and Specifications for Cash Contract No. 553, and grant authority to advertise for bids. Street Sweeping Contract - Citywide: Award of Contract City Engineer Redmayne summarized the staff report and recommended that a contract be awarded to R. F. Dickson Co. Inc. on the basis of $218,503.60 for 12 months to be pro -rated for the actual months to be swept this year. It will be necesary for the R. F. Dickson Co. to purchase one additional sweeper in order to perform this service in the City. They believe it can be obtained bythe middle of October. Mr. Lennie Whittington, 8542 Manatee St., questioned the method of advertising for the subject contract and the price of the contract, and urged — readvertising. He introduced the following businessmen who indicated that they had submitted letters to the City advising them of their interest in bidding on street sweeping: Mr. Bill Jones, Universal Sweeping Services, P.O. Box 5993, San Jose Mr. Joe Samolyan, Joe's Sweeping Company, 11908 Firestone Blvd., Norwalk Council Member Santangelo clarified that the service the City is considering is "street vacuuming" as opposed to street sweeping. Council advised the above citizens that although letters are received by the City, the City must respond only to official bids as advertised. Council Minutes 9/22/87 -5- fi 1 It was moved by Council Member Cormack, seconded by Council Member Paul, and carried 4-1 (Council Member Barb voting no) to reject the street sweeping bid as submitted and re -advertise. Council Member Santangelo indicated he removed the following two items in order to abstain. RESOLUTION NO. 4933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 18461 (12000 WOODRUFF AVENUE) The Resolution was read by title only. It was moved by Council Member Paul, seconded by Council Member Barb, and carried 4-0 (Council Member Santangelo abstaining) to waive further reading and to adopt. -- RESOLUTION NO. 4937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AND AUTHORIZING EXECUTION OF AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND BARRY MURDOCK AND BONNIE MURDOCK The Resolution was read by title only. It was moved by Council Member Paul, seconded by Council Member Barb, and carried 4-0 (Council Member Santangelo abstaining) to waive further reading and to adopt. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: None Council Members: Council as a whole briefly discussed the upcoming (September 26, 1987) Bi-Centennial Faire, and invited the Community to attend the celebration. Council Member Cormack: 1. Asked that staff draft an ordinance requiring covers on trash bins. Mayor Boggs: Policy for Oral Communications 1. Mayor Boggs submitted her recommendation that in order to accomplish all business of the City in a timely manner, she would recommend the Policy for Oral Communications during meetings, other than the Regular City Council Meeting, shall have a time limitation of one (1) minute unless extended by the Mayor. Mrs. Eleanor Lindenfelt, 8846 Manzanar Ave., representing the League of Women Voters, favored the present policy of five minutes. Mr. Lennie Whittington, 8542 Manatee St., opposed any less than a five-minute policy and mentioned if the City's policy changes, the American Civil Liberties Union might become involved. Council discussed this recommendation with varied preference in a change to the present five-minute policy. No action at this time. Mayor Boggs stated that the meeting would recess to closed session for personnel matters under Government Code Section 54957. The meeting recessed at 11:46 p.m, and reconvened at 12:10 a.m. (Wednesday, September 23, 1987) with all Council Members present. Council Minutes 9/22/87 -6- 8331 ADJOURNMENT: 12:10 a.m. (Wednesday (September 23, 1987) The meeting was adjourned in Memory of Connie Morgan Headley and Obera Hooker; To: 7:30 a.m., September 28, 1987, in the Council Chamber of the Downey City Hall. Jen oung,, ity Clerk-Trea rer Diane P. Boggs, Mayo Council Minutes 9/22/87 -7-