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Home My WebLink AboutMinutes-01-22-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 12, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Cn. Santangelo re Agenda Items XI-B-lb, Request resignation re Court decision re Redevelopment Commission participation by Commission Santangelo 1 Ken Miller clarified rewording of Agenda Item XI-B-1-b would not limit discussion 1 Removal of Items from Consent Calendar 1 Minutes: Reg. Mtg., 12/8/87; Adj. Reg. Mtg., 12/8/87; & Reg. Mtg., 12/22/87 Approved CC #556, Tree Trimming, Citywide: Apry specs & grant authority to advertise f/bids Approved 1 CC #SS-361, Florence Av./Fairford Av.-Storm Drain: Approve extra wk & accept improvements Approved 1 CC #SS-413, Misc. repairs & Gallatin Rd. & Old River Sch. Rd. Sidewalks: Appropriate addl. Gas Tax Funds to be used f/Proj. & award contract Approved 2 Misc. Project #221, Topographic Survey -Rio Hondo Golf Course: Approve & authorize Mayor to execute Consultant Agreement Approved 2 General Warrants #35832-35834; & #35988-36975, $3,359,379.96 Approved Approved 2 1988-89 Budget Process -Budget Calendar Approved 2 1988 Investment Policy Approved 2 Appointment of Cn. Reps. f/(a) Water Improvement Financing (Cn. Boggs & Barb); & (b) Water Quality (Cn. Cormack & Paul) Approved 2 Appeal, Z.V. #532, 7363 Stewart & Gray Rd/ Sets Hrg. 1/26 2 Florence Av. Water Main Extension f/Lesterford Av. to Studebaker Rd.: Amend Budget & auth. Agreement with Developer Approved 2 Res. #4956, Calling & Giving Notice of Holding Gen. Muni Election 6/7/88 Adopted 2 Res. #4957, Req. Condsolidation of City Gen. Muni Election with 6/7/88, Statewide Primary Election Adopted 2 Res. #4958, Adopting Regulations f/Candidates' Statements f/Gen. Muni Election 6/7/88 Adopted 2 Res. #4960, Apprg. Submission of Proposal under CA Beverage Container Recycling & Litter Red. Act Adopted 2 Res. #4961, Proposing to Annex, Ltg. Maint. Dist. AD 121 & Ord. Eng's Rpt-Laureldale Av. Adopted 3 Res. #4962, Apprg. Eng's Rpt f/Ltg. Maint. Dist. AD 121-Laureldale Av. Adopted 3 Page 1 of 2 COUNCIL MINUTES, JANUARY 12, 1988 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION PAGE NO. Res. #4963, Decl. int. to Annex, Ltg. Maint. Dist. AD 121 & Maintain & Furnish Electrical to St. Ltg. Fixtures on Streets & Public Places- Laureldale Av. Adopted; Hrg. 2/9 3 Res. #4964, Designating Washburn Rd. a through St. at its Intersection w/Pangborn Av. Adopted 3 Ord. #864, Amending Sections 9110.08 (i) & 9114.06 (a) of DMC re Garage Sales Adopted 3 Ord. amending Article IV, Chap 6 of DMC by Adding Section 4601 re Police Services Con't 3 Exchange of $100,000 of Prop A Funds w/West Hollywood Approved 4 Res. #4955, Appointing City Attorney Adopted 4 Res. #4959, Granting Appeal & Denying Plot Plan #428, 12516 Dolan Av. Adopted 4 Reclassification of Sr. Water Technician to Principal Water Technician Con't 5 Spelling Change-Shelleyfield Rd. Con't 5 Cn. Santangelo re Agenda Items XI-B-1-a & XI-B-1-b 5 Table Agenda Items XI-8-1-a & XI-B-1-b Approved 5 Cn. Barb & Cn. Santangelo re disappointment in not being able to discuss Agenda Items XI-B-1-a & XI-B-1-b 5 Mr. Santangelo urged Mayor not adjourn Mtg. 5 Mtg, recessed at 8:35 p.m. & reconvened at 8:45 p.m. 5 Mtg. Adj. in Memory of Ernest E. McCallum, Century 21 Realty; To 4:00 p.m., January 19, 1988 in the Council Chamber of Downey City Hall 6 Page 2 of 2 �3-:) --I li- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 12, 1988 The City Council of the City of Downey held a regular meeting at 7:54 p.m., January 12, 1988, 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 M. Thorson, 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, Police Chief Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Kevin Carrigan, Administrative Assistant Jim Kuhl, Administrative Assistant William McCulloch, Motor Officer William Makshanoff, Building Official Greg Mayfield, Water & Sanit. Superintendent Jake Wager, Redevelopment Manager Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS: None HEARINGS• None ORAL COMMUNICATIONS - Items not on Agenda Council Member Santangelo stated that Agenda Item XI-8-1-b, Request resignation in reference to Court decision regarding Redevelopment Commission participation by Commissioner Santangelo, had been modified from the request by Council Member Barb on December 8, 1987 for resignation from the City Council. He, along with Mr. Ken Miller, 7336 Cleargrove Dr., clarified that the rewording would not limit anyone's conversation pertaining to this subject when it is considered at the end of the meeting. CONSENT CALENDAR Agenda Item VI-E-6, Agreement for Exchange of $100,000 Prop A Funds with the City of West Hollywood, was removed at the request of Council Members Cormack and Paul; Agenda Item VI-F-1, Appointing City Attorney (Peter M. Thorson) and providing for compensation, was removed at the request of Council Member Santangelo; Agenda Item VI-F-5, Denying Plot Plan No. 428, 12516 Dolan Avenue, was removed at the request of Council Member Paul; Agenda Item VI-F-7, Reclassification of Senior Water Technician to Principal Water Technician, was removed at the request of Council Members Barb and Paul; and Agenda Item VI-F-9, spelling change - Shelleyfield Road to Shellyfield Road, was removed at the request of Council Member Santangelo. Regular Meeting, December 8, 1987; Adjourned Regular Meeting, December 8, 1987; and Regular Meeting, December 22, 1987: Approve. Cash Contract No. 556 - Tree Trimming, Citywide: Approve specifications and grant authority to advertise for bids: Approve. Cash Contract No. S.S. 361 - Florence Avenue/Fairford Avenue - Storm Drain: Assess liquidated damages in the amount of $4,500; approve extra work in the amount of $750; accept the improvements constructed; and accept maintenance responsibility for improvements: Approve. Council Minutes 1/12/88 -1- 83� 5 Cash Contract No. S.S. 413 - Part I - Miscellaneous Repairs (Account Nos. 26-16413 and 26-16414); Part II - Gallatin Road (Account No. 25-13020); and Part III - Old River School Road (Account No. 52-17526): Authorize transfer of funds in the amount of $13,400 from Account No. 26-16412 to Account No. 25-13020 for use on Part II of project; and award unit price contract, totaling $58,393.25, to Pinco Construction Company: Approve. Miscellaneous Project No. 221 - Topographic Survey - Rio Hondo Golf Course (Account No. 52-17525): Appropriate additional funds in the amount of $2,100 from Golf Fund balance and award a consultant contract, totaling $14,600 to Olson & DeTilla Associates: Approve. General Warrants #35832 - 35834; and #35988 - 36975, $3,359,379.96: Approve. 1988-89 Budget Process - Budget Calendar: Approve. 1988 Investment Policy: Approve. Appointment of Council Subcommittee Representatives for (a) Water Improvement Financing (Council Members Boggs and Barb); and (b) Water Quality (Council Members Cormack and Paul): Ratify formation of the Water Subcommittees and the appointment of members: Approve. Appeal, Zone Variance No. 532, 7363 Stewart & Gray Road: Set Public Hearing for 1/26/88: Approve. Florence Avenue Water Main Extension from Lesterford Avenue to Studebaker Road: Authorize that the 1987-88 budget be amended to reflect a capital improvement project titled "Florence Avenue Water Main Extension", in the amount of $150,000, and authorize contract with Pace Inc. for the engineering and construction: Approve. RESOLUTION NO. 4956 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE SEVENTH DAY OF JUNE, 1988, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY RESOLUTION NO. 4957 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF DOWNEY GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON JUNE 7, 1988, PURSUANT TO SECTION 23300 ET SEQ. OF THE CALIFORNIA ELECTIONS CODE RESOLUTION NO. 4958 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES, STATEMENTS FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 7, 1988 RESOLUTION NO. 4960 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SUBMISSION OF A PROPOSAL UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT Council Minutes 1/12/88 -2- RESOLUTION NO. 4961 (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 88/01- LAURELOALE AVENUE BETWEEN GOLDEN STREET AND PRICHARD STREET AND DEMPSTER AVENUE BETWEEN GOLDEN STREET AND PRICHARD STREET) RESOLUTION NO. 4962 (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 88/01 - (LAURELDALE AVENUE BETWEEN GOLDEN STREET AND DEMPSTER AVENUE BETWEEN GOLDEN STREET AND PRICHARD STREET) RESOLUTION NO. 4963 (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 88/01- LAURELOALE AVENUE BETWEEN GOLDEN STREET AND PRICHARD STREET AND DEMPSTER AVENUE BETWEEN GOLDEN STREET AND PRICHARD STREET) (Public Hearing set for February 9, 1988) RESOLUTION NO. 4964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING WASHBURN ROAD A THROUGH STREET AT ITS INTERSECTION WITH PANGBORN AVENUE 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 ORDINANCE NO. 864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9110.08 (i) AND 9114.06 (a) OF THE DOWNEY MUNICIPAL CODE (CHAPTER 1, ARTICLE IX) AS SAID SECTIONS PERTAIN TO GARAGE SALES The Ordinance was read by title only. It was moved by Council Member Cormack, seconded by Council Member Santangelo, and unanimously carried to waive further reading and to adopt. Prior to the foregoing vote, Council Member Paul confirmed that staff was going to bring back alternatives set forth in a report to Council which might remedy any unfair burden on R-3 Zoned properties within 90 days. City Manager Davis affirmed an amendment would be brought back to Council within this time frame. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE IV, CHAPTER 6 OF THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 4601 THERETO PERTAINING TO THE USE OF POLICE SERVICES Police Chief Stone presented the staff report as set forth in Agenda Memo dated January 12, 1988, entitled "Proposed Ordinance - Loud Party/Disturbance/ Public Safety Service Fee". Chief Stone related this specifically relates to a procedure for establishing a public safety service fee when officers are called Council Minutes 1/12/88 -3- t3-�_"-1- to the scene of a disturbance, such as a party, loud music, or any disruption of the peace, a second or third time in a twelve-hour period. He further recommended that a Public Safety Service Fee for any second or third response be set at $50.00 minimum. Council discussed vague and ambiguous areas in the Ordinance; how does the City bill offending persons; definition of number of Police Officers needed to quiet a disturbance; collection department fee or court case costs; and inclusion of another section to the Ordinance to provide for refusal to comply being treated as a misdemeanor. City Attorney Thorson confirmed that if a crime has been committed on a disturbance call, the Police are not precluded from making an arrest. There being no objection, Mayor Boggs continued this item to a future meeting. RESOLUTIONS: None (See Consent Calendar) ADMINISTRATIVE REPORTS: None ITEMS REMOVED FROM CONSENT CALENDAR Exchange of $100,000 of Prop A Funds with West Hollywood Council Member Paul stated objection to sale of Proposition A Funds and encouraged local projects. Council Member Cormack agreed, and along with other Members of the Council referenced an RTD Memo which offers sixty cents on the dollar exchange. Finance Director Powell stated that he called the Transportation Commission which must approve any exchange of funds with RTD, and the Commission has disapproved this item on every occasion. It was moved by Council Member Cormack, seconded by Mayor Boggs, and carried 4-1 (Council Member Paul voting no) to approve the Exchange of $100,000 of Proposition A Funds to West Hollywood as recommended, and asked that staff spend the funds locally in the future. Appointing City Attorney (Peter M. Thorson) and providing for Compensation Council Member Santangelo pulled this item from the Consent Calendar indicating displeasure and questioning authority in not receiving materials directed to other Council Members by the City Attorney. He requested from Mr. Thorson a copy of the confidential memo that went to the four other Council Members relative to his legal fees. Mayor Boggs urged approval of Mr. Thorson's appointment. She also requested staff to work with Council on reassessment of how legal guidance for a City the size of Downey is obtained. RESOLUTION NO. 4955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING CITY ATTORNEY AND PROVIDING FOR COMPENSATION The Resolution was read by title only. It was moved by Council Member Cormack, seconded by Council Member Barb, and carried 4-1 (Council Member Santangelo voting no) to waive further reading and to adopt. Plot Plan No. 428, 12516 Dolan Avenue Council Member Paul pulled this item from the Consent Calendar so he could abstain from voting due to a possible conflict of interest. Council Minutes 1/12/88 -4- �3'1 8 RESOLUTION NO. 4959 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING THE APPEAL AND DENYING PLOT PLAN NO. 428 The Resolution was read by title only. It was moved by Council Member Santangelo, seconded by Council Member Cormack, and carried 3-1 (Council Member Barb voting no; Council Member Paul abstaining) to waive further reading and to adopt. Reclassification of Senior Water Technician to Principal Water Technician Council Member Barb pulled this item from the Consent Calendar and requested, with no objection from Council, that this item be placed for separate discussion at a personnel session. Spelling Change - Shelleyfield Road Council Member Santangelo pulled this item from the Consent Calendar as the Agenda Memo from Public Works dated January 12, 1988, recommended the change of the name of Shelleyfield Road to Shellyfield Road. Council Member Santangelo said this was opposite of what was requested at a prior Council Meeting. He further requested this item be continued so that it may be researched further. Hearing no objections, Mayor Boggs continued this item. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: None (listed here for continuity of reporting) Council Members: Council Member Santangelo: 1. Said he was advised by the City Attorney he should not participate in discussion on Agenda Items XI-B-1-a, Legal Expenses - Council Member Santangelo, and XI-B-1-b, Request resignation in reference to Court decision regarding Redevelopment Commission participation by Commissioner Santangelo. Council Member Santangelo was excused and approached the podium to address the Council as a citizen. City Attorney Thorson said he advised Council Member Santangelo that he should not speak on the Agenda Item relative to legal expenses but that he could participate in that item relative to resignation. Council Member Cormack advised that this is a very sensitive item in the Community and that the timing is ill-advised to be brought before Council at this time. It was moved by Council Member Cormack, seconded by Mayor Boggs, and carried 3-1 (Council Member Barb voting no; Council Member Santangelo abstaining) to table Agenda Items XI-B-1-a, Legal Expenses - Council Member Santangelo and XI-B-1-b, Request resignation in reference to Court decision regarding Redevelopment Commission participation by Commissioner Santangelo. Prior to the foregoing vote, Mayor Boggs clarified that an item that has been moved to be layed on the table, cannot be disputed, discussed, or amended. Mr. Santangelo stood at the podium and asked the Mayor to recognize him. At this time, Council Member Barb expressed disappointment and displeasure in not being able to discuss the items. Council Member Cormack clarified with Mayor Boggs that Agenda Items XI-B-1- a and XI-B-1-b have been put on the table. Mr. Santangelo (at podium) strongly urged that the Mayor not adjourn the meeting until he be heard on this matter. Other members of the audience stood to be recognized. The meeting recessed at 8:35 and reconvened at 8:45 p.m. with Council Members Boggs, Cormack, Barb, and Paul present (Council Member Santangelo excused). Council Minutes 1/12/88 -5- -S ci ADJOURNMENT: 8:45 p.m. The meeting was adjourned in Memory of Ernest E. McCallum, Century 21 Realty; To 4:00 p.m., January 19, 1988, in the Council Chamber of the Downey City Hall. Yo,_ Ci r�,reasurer iaA,;� 7'--' /��/ Diane P. Boggs, Mayor- — Council Minutes 1/12/88 -6-