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HomeMy WebLinkAboutMinutes-06-22-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 22, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Appeal, Zone Exception Case #987, Hearing cont'd to 7/12/71 1 9341 Firestone Blvd. -- Budget Fiscal Year 1971-72 Hearing Closed 2 (Resolutions -Page 13) Request for Hearing, Appeal, Zone Exception Hearing set for 7/12/71 4 Case #983, 10065 Newville Ave. Appt. Mrs. Linda K. Gluhak, City Beautification Committee Confirmed 4 Request for Hearing, Appeal, Zone Exception Case #991, 11607 Paramount Hearing set for 7/12/71 4 Appl. Rate Increase, So. Calif. Water Co. Ref, to C.M. for recommendation 5 Req. from Planning Commission for joint meeting on Sec. 9120.9 DMC Appt, of Councilmen to meet 5 Report of Legal Claims Received: Ref. #021, Mrs. Gwenda Boyd Ref. #022, Mrs. Michael Hayes No action 5 Request for Hearing, Appeal, Zone Exception Case #1009, 8855 Rosecrans Ave. Hearing set for 7/12/71 6 Ordinance #395, Amending DMC sections relating to Personnel System Adopted 6 Ordinance #396, Amending DMC adding section re Swap Meets (Emergency Ordinance) Report of Chief of Police 6 Adopted 8 Ordinance Amending DMC, adding section re Discharge of Water Upon Public Street Introduced 7 Resol. #2553, Req. Allocation of Eunds, County Aid to Cities Adopted 7 Resol. #2554, adopting Personnels Rules & Reg. Ref, to Pers. Adv. Bd. d C.M. 7 Resol. #2555, Reappt. Robt. Weglin, Park & Rec. Commission Adopted 8 Resol. #2556, amending Resol. #2539, D.I.P. #598 Adopted 8 Resolution #WS-744 (B Warrants) Adopted 9 CC #278, Patton Rd. S/o Stewart & Gray Rd., Plans, Specs, auth. to advertise Approved 9 CC #286, Misc. Repairs 1971-72, Plans, Specs., auth, to advertise Approved 9 CC #280, Tweedy Lane, S/o Bangle Rd. Award of contract Approved 9 CC #282, Second St., et al. Award of contract Approved 9 CC #287, Annual Sidewalk Constr. Award contract Approved 10 CC #198, Foster Bridge Blvd. Acceptance of Improvements, extra work Approved 10 Page 1 of 2 Table of Minute Actions Council Minutes 6/22/71 CC #274, Tree Removals, Various Locations Award of contract Sidewalk Matching Funds Sidewalk Matching Funds, Commercial Areas Annual Co -Operative Gasoline Purchase Contract Co -Sponsored Agreements - Art Museum; Children's Theatre, DJAA, Symphonic Society Revisions, Golf Course Policies, Procedures & Fees Theater Rules and Regulations 24-Acre Park, Letter of Intent re Federal Funds Civil Def. & Disaster E.O.P. Report on Santa Ana Freeway Widening Resol. #2557, Adopting Annual Budget Resol. #2558, Reappropriating Special Gas Tax Monies Resol. #2559, Implementing Revised Classif. Plan for Misc. Employees Resol. #2560, Adopting Revised Classif. Plan for Police Resol. #2561, Adopting Revised Classif. Plan for Fire Resol. #2562, Revising Classif. Plan for Management & Supervisory Employees Resol. #2563, Revising Compensation Plan for City Manager Resolution re Retirement Plan Page 2 of 2 ACTION: PAGE NO. Approved 10 Approved 10 Held over 10 Approved 11 Approved 11 Approved 11 Approved 12 Approved 12 Approved 12 Held over 12 Adopted 13 Adopted 13 Adopted 14 Adopted 14 Adopted 14 Adopted 14 Adopted 15 Ref, to Adj. Meeting 6/28/71 15 'q MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 22, 1971 The City Council of the City of Downey held a regular meeting at 8:00 a.m., June 22, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Carl Newton, Acting City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning Ray Lake, Director of Building & Safety William Harper, Theatre Manager, Parks & Recreation Robert W. Gain, Fire Chief Loren D. Morgan, Police Chief H. J. Henriksen, City Engineer Jeanne Cook, Deputy City Clerk Judy McDonnell, Executive Secretary Reverend Alvin P. Young, Messiah Lutheran Church, delivered the invocation, followed by the Flag Salute led by Councilman Hollis. Mr. Ervin Spindel, Director of Public Works, reported that William A. Ralph, Associate Civil Engineer, a City Employee since 1958, had received his Bachelor of Science Degree in Civil Engineering from California State College of Long Beach on June 12, 1971. Mayor Ferris commended Mr. Ralph for this achievement while maintaining his family and going to school nights for eleven years. Mayor Ferris stated that a plaque is being prepared and will be presented at a later date in a private ceremony. The Mayor and City Councilmen extended their congratulations. Mayor Ferris declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #987, 9341 Firestone Blvd., which was continued from the regular meeting of June 14, 1971. City Attorney Carl Newton reported there are two issues before the City Council at this time. The first, he said, is the matter of jurisdiction, whether the Zone Excep- tion Requirements apply to this case. He stated if the City Council finds the facts surrounding this case establishes the fact that the Woodruff Inn remained in use and did not cease to operate or discontinue its operations for a period of six months prior to March 11, 1971, the prohibition of Section 9120.9 of the Downey Municipal Code would not apply, and the case before the City Council would be moot and could be withdrawn. He stated it would be appropriate for the City Council to review the evidence they have and to take any evidence the applicant may have on this first issue. Secondly, if the City Council determines that there was a cessation of operations for more than six months prior to March 11, 1971, it is appropriate for the Council to proceed to hear the Zone Exception Case on its merits, with the regular processing of the appeal thereafter. The City Attorney referred to the Language in Section 9120.9 (b), ".....so Long as said establishment remains in use. In the event any such establishment ceases to operate or discontinuesoperation for six (6) months, then the provisions of this paragraph (b) shall not apply." He said, in his opinion, "operation" would mean the conduct of business in any form; "and remains in use", the use would be continuing to serve alcoholic beverages. He stated facts that establish the use was continued, or on converse, that it was not discontinued, could be a basis for a finding that the use did remain in existence, and in his opinion, Section 9120.9 would not apply to the applicant. Director of Planning William Coggin reported that the basis for the Department's requirement for a Zone Exception was that after investigation with the ABC whose records indicated the License was surrendered to them on September 2, 1970, the September loth date would make it Longer than six months. Mr. Robert J. Chamberlain, 11738 Adenmoor, Downey, in response to questions by the City Council, said the previous operator, Mr. Nogle, stated the last sale of alcoholic beverages was September 15th. He stated that as to sale and operation, this raises the question as to whether the IRS seizure and sale of the remaining alcoholic beverages Council Minutes 6/22/71 -1- and remaining food stuffs, was "operation". He said that after the date of surrender, the Federal Bankruptcy Trustee had the right to re -open the premises, the Debtor had the opportunity of filing a Plan of Arrangement, and upon proof of the creditors or accept- ance by the creditors, they could have re -opened the business. He said it was unfortunate there was the problem between the IRS, the Debtor and the Bankruptcy Court where this was held in abeyance. He said Judge Rifkind made his decision in late December, and at that point, the Plan of Arrangement could have been filed through the middle part of January and the business re -opened. During that period of time, the fee owner of the land could not sell the land, could not release it, because the IRS and Bankruptcy Court had yet to make the determination as to who owned the Liquor License, who owned the assets. Mr. Chamberlain requested the City Council to take into consideration the time involved in the Bankruptcy procedures, the fact that he had made his first attempt to buy the business in November, and that beyond the surrender of the Liquor License on September 2nd, only the Trustee had the right upon application of the ABC to re- establish the business that he had up until March when he sold the License. In response to a comment by City Attorney Newton regarding an inconsistency he noted between the September 2nd date and the testimony of Mr. Byhower at the hearing held May 10th who stated that on September 18th the IRS seized the Liquor License, the Director of Planning reported that the date the License was surrendered to the ABC was September 2nd. City Attorney Newton stated there is a question in his mind as to whether the License, which was in the ABC's possession between September 2nd and September 18th, was retrievable on some basis. If it was, he said he believed there could be a technical finding that the use was not discontinued so long as the power existed on the part of the owner to retrieve the License and continue operations. He stated there must also be a determination as to whether the cessation of operations was voluntary or involuntary. Councilman Jennings commented relative to the matter of when the operation could be considered to be "closed" and the need for more complete facts in order for the Council to make a determination on the two questions before it. Councilman Morton also commented relative to the need for additional facts as to the date of the actual release of the License, as well as whether the License was retrievable. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered that the matter be taken under submission until the matters discussed at this meeting have been reviewed by the City Attorney and the Staff and reported back to the City Council. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #987, 9341 Firestone Blvd., to 7:30 p.m., July 12, 1971. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris declared that this is the time and place for the public hearing on Budget for Fiscal Year 1971-72, which was continued from the regular meeting of June 14, 1971. Councilman Morton stated that even though he was unable to be present at the last meeting when there was discussion on the Budget, since that time and prior to that time he had reviewed the proposed Budget for Fiscal Year 1971-72 in extensive detail and had no questions at this time with regard to the Budget. Mayor Ferris stated that since there was a public hearing on June 14, 1971, the - discussion time would be limited to two minutes per person. He inquired if there was anyone present who wished to speak on the matter. Mr. Kenneth J. Miller, 7336 Cleargrove Drive, Downey, appeared before the City Council and questioned items that he stated were not on the copy of the Budget that was available for review. Councilman Winton took exception to remarks of Mr. Miller regarding deceptive tactics of the City Council. He stated the copies of the Budget available for review in the City Hall were identical to those in the City Council's packets. Council Minutes 6/22/71 -2- Mayor Ferris advised Mr. Miller that, with the exception of the Council's work sheets, all papers on the Budget were available for review by the public. He asked Mr. Miller to address his comments to the matter of the Budget. In response to a request by Councilman Winton, City Manager Thompson reported on the totals of the Budget, even though the Budget is identical to that presented June 14, 1971. The City Manager reviewed the Proposed Budget Summary as follows: General Fund $ 7,647,210 Capital Improvement Fund 497,790 Gas Tax Fund 6731000 Enterprise Funds Water 1,158,940 Golf 502,900 Street Lighting 143,520 Total all Funds $10.623.360 Prior Year Gas Tax Projects S 420.400 Mayor Ferris stated the above is the Budget for each fund within the City operations and that the salary range is $300,000. Mr. Miller stated that everyone wants the essentials of good Police and Fire protection and Departmental services, and he believes that it is the prime function of the Government to provide these services. He questioned the expansion of the Park System. The Mayor inquired if there was anyone else who wished to speak on the matter. Mrs. Sharon Ketzenbarger, 13147 Lakewood Boulevard, Downey, thanked the Director of Finance, Robert L. Shand, and City Manager Charles W. Thompson for time given her in helping her to understand the Budget. She expressed concern regarding the Argus Program and the development of the Wilderness Park. She suggested if the Park is developed that there be an area that could be used for mini -bikes. The Mayor inquired if there was anyone else who wished to speak on the matter. There was no response. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to close the hearing on the Budget for Fiscal Year 1971-72. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris stated there are several personnel matters that must be discussed rela- tive to the Budget due to Last-minute negotiations and asked that at this point in time the Council defer action on the Resolutions until the end of this meeting, at which time he would ask for a recess to Executive Session prior to action on Resolutions relative to the Budget. Mayor Ferris stated the City's financial status and Budget status this year is one of solid structure from a cash flow standpoint. He said the cash flow estimate for all funds at the end of this year will be approximately $1,700,000, and with the Budget as proposed, the ending balances for all funds this year will close with a positive balance; the Budget proposed for next year is within the scope of the City's revenue. He reported the Water Fund this year will be completing the cleaning of the lines in the northwest section of the City and starting on the first stage of the Reservoir project that has been required by MWD. Mayor Ferris stated the other special purpose fund, the Golf Course, even though a year ago a deficit of $23,000. was predicted for the eleven months of the fiscal year, it appears now that it will have a positive balance of about $6,350., or an improvement of about $30,000., and after the first eleven months of operation, it will be a self-sustaining operation which will yield a surplus, so where it was initially thought on the acquisition of the Golf Course that it would take five years of marginal deficit condition, the first year was not a deficit year but a positive year. In the second year, he said, the City is projecting a transfer of funds from the Golf Course into the General Fund to help support some of the administrative expense in the General Fund that is being spent on the Golf Course. Council Minutes 6/22/71 -3- Communication from Cecil W. and Eveline B. Sutton, 10065 S. Newville Ave., Downey, requesting a hearing on Appeal, Zone Exception Case #983. Councilman Morton requested the City Attorney review the letter with the Director of Planning and advise the City Council if the letter is in accordance with the Code requirements for setting a hearing for appeal on a zone exception case. The Mayor declared a recess at 9:00 a.m. The Meeting resumed at 9:30 a.m., with all members of the City Council in attendance. City Attorney Newton stated he had reviewed the communication from Cecil W. and Eveline B. Sutton and that it does constitute a notice of appeal within the requirements of the Downey Municipal Code. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #983, for 7:30 p.m., July 12, 1971. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton requested the City Attorney submit to the City Council prior to the next meeting an analysis as to exactly what a home occupation is, under what circum- stances it would be permitted under the City's Code, and whether or not the business that this particular applicant is involved in would be considered a home occupation. Communication from Supervisor Frank G. Bonelli enclosing Engineering Project Report, Foster Road. Mayor Ferris reported the two bound copies of this report were referred to the Department of Public Works for report back to City Council. Ordered received and referred to the City Manager for appropriate comments. Communication from Downey Junior Woman's Club regarding Helicopter Program. Ordered filed. Communication from Carl G. Renneberg, Yuba City, commending Detective Bill Carpenter, Downey P.D. Ordered filed. Communication from Mrs. Dorothy E. Lambson, 9215 Haledon Ave., Downey, regarding Tree Removal. Ordered filed. Communication from Mr. and Mrs. Harold J. Stone, 12632 La Reina Ave., regarding Tree Removal. Ordered filed. Communication from Mr. and Mrs. M. S. Miller, 8143 Adoree St., regarding Tree Removal. Ordered filed. Communication from Councilman Richard Jennings appointing Mrs. Linda Kay Gluhak, 12332 Chavers St., to the City Beautification & Development Committee to serve as repre- sentative in District Two. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to confirm the appointment of Mrs. Linda Kay Gluhak to the City Beautification & Development Commiteee. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from D & H Construction Co., Inc., 11607 Paramount Blvd., Downey, requesting a hearing on Appeal, Zone Exception Case #991. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #991, for 7:30 p.m., July 12, 1971. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 6/22/71 -4- Communication from Public Utilities Commission regarding Application for Rate Increase, Southern California Water Co. Referred to City Manager for recommendation. Communication from Mr, and Mrs. Kenneth Seymour, 7627 Finevale, Downey, expressing Appreciation for Daughters of American Revolution Presentations. Ordered filed. Communication from Robert F. Durkee, Chairman, City Planning Commission, requesting Joint Meeting with City Council for study of Section 9120.9 Downey Municipal Code. City Manager Thompson reported that at the request of the City Council, a set of potential guide lines or criteria has been prepared for the consideration of the cases that arise out of either involuntary or actions beyond the control of the applicant with regard to the serving of liquor. He said the following ten points were established which could serve as the basis for a review by the City in such cases. 1. When bonifide restaurants serving liquor have ceased to operate for a period of six months because of destruction by fire, other disaster, or by actions beyond the control of the applicant, such cases may be continued subject to obtaining a zone excep- tion approval by the Planning Commission. 2. A bar shall be an ancillary use in conjunction with a bonifide restaurant serving full course luncheons and dinner meals, licensed as a Type 47 use by the ABC. 3. Food establishments serving specialty food items and shall offer only table service for alcoholic beverages. 4. The property fronts on a major or secondary highway as defined by the adopted Master Plan of Streets and Highways. 5. Property is located in the C-1, C-2, C-3, C-4 or M-1 and M-2 zones. 6. The exits from any building or an area within a building to be occupied shall not be within 300' of normal walking distance of any R-1 or R-2 zoned property. (The distance requirement of 300' would be measured by the exit.) 7. Parking needs conform to Section 9127. 8. Complete improvements of the public right of way. 9. Regulations of all outside lighting and advertising. 10. The Planning Commission, without further public notice or hearing, reserves the right to modify or add such conditions as it deems necessary to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. Councilman Morton, referring to Item #6, stated the purpose of the original Ordinance requiring a distance of more than 300 feet from a residential property was to protect the residential area; it was not just pedestrians coming into and going from such an establish- ment that created the original problem, but the noise emanating from it. He said that measuring the 300 feet from an exit means the establishment could be within 100 feet of a residential area and there could be a tremendous amount of noise. At the request of Councilman Morton, Mayor Ferris appointed Councilmen Donald Winton and Giles Hollis to review Item #6 and to meet with the Planning Commission. REPORT OF LEGAL CLAIMS RECEIVED Ref, #021, Mrs. Gwenda Boyd, 9630 Quinn St. Ref. #022, Mr. and Mrs. Michael Hayes, 10925 Pangborn Ave. Communication from William Anderson, Attorney, requesting a hearing on Appeal, Zone Exception Case #1009, 8855 Rosecrans Avenue. Mr. Anderson, representing Atlantic Savings and Loan Association, recorded owner, appeared before City Council and requested the hearing be held at a special meeting due to the element of time. City Attorney Newton advised the City Council that the applicant had contacted City Attorney Sorensen the previous day relative to the possibility of holding the public hearing at a special meeting prior to the July 12th meeting. He stated, in reviewing the Code sections relating to public hearings, it was determined that Section 9132.15 Council Minutes 6/22/71 -5- requires the City Council to hold the hearing on an appeal to a zone exception case not less than 10 days from time of filing of the appeal, nor more than 40 days from the time of filing. With respect to the requirement for publication of notice of hearing, City Council hearings may be published within the ten-day period prior to the date of hearing. He said the requirement for publication not less than ten days prior to the hearing as required under Section 9132.8 applies to hearings by the Planning Commission, not those by the City Council. Mr. Albert W. Seeburger, 6357 Lake Decatur, San Diego, applicant, also appeared before City Council and requested the hearing be held prior to July 12th because the business has been closed for more than a year and, with the increase in business during the summer months, it is important that they start operations at the earliest possible date. Mayor Ferris and Councilman Jennings indicated they would be opposed to the setting of a special meeting for hearing on the appeal as they believed it would be granting a special privilege. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1009, for 7:30 p.m,, July 12, 1971. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Attorney was requested to review the matters of law discussed at this meeting in preparation for the hearing on Appeal, Zone Exception Case #1009. ORDINANCE NO. 395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 2701, 2703, 2705, 2706, 2711 AND 2713 OF THE DOWNEY MUNICIPAL CODE, ADDING SECTION 2705.1 AND REPEALING SECTIONS 2702, 2709 AND 2714 OF SAID CODE, ALL OF WHICH SAID SECTIONS RELATE TO THE PERSONNEL SYSTEM The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to adopt Ordinance No. 395. AYES: 5 Councilmen: Morton., Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING PART 10 TO CHAPTER 5 OF ARTICLE VI RELATING TO SWAP MEETS Chief of Police Loren Morgan reported the Police Department has recovered a great deal of stolenproperty taken from this City at swap meets held in various other cities. He said he believes this type of business provides the opportunity to sell stolen property with little or no regulations on the seller. He requested that this Ordinance be considered as an Emergency Ordinance because there is an operation on the Aerojet property which in itself does not appear to be a swap meet operation but lends itself to being available for the swap meet type of operation, and he believed the Ordinance should be adopted prior to that operation. (Please refer to Pie 8 of these Minutes. Emergency Ordinance read in its entirety and adopted.) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 4117.1 RELATING TO THE DISCHARGE OF WATER UPON A PUBLIC STREET Council Minutes 6/22/71 -6- The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2553 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 Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2553. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING PERSONNEL RULES AND REGULATIONS The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2554. Councilman Winton stated he would vote "no" because he believes the Manual does not clearly state what the merit system is. He said the way it reads it is subject to interpretation of the individual and the City could find itself in litigation. Mayor Ferris stated he agreed with the comments of Councilman Winton, however, he felt Council should proceed with the adoption to get the Personnel Manual into effect and then have a revision brought back in 30 days. Responding to a question by Councilman Jennings, the City Manager stated if the Manual is adopted at this time, a recommended revision can be submitted to the Personnel Advisory Board for review at any time. He said relative to the merit system that he, the Personnel Advisory Board, and the City Attorney had gone over this specific revision and there are four statements and provisions in the Manual pertaining to the merit system. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 1 Councilmen: Winton ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to refer the Personnel Manual back to the Personnel Advisory Board and the City Manager for a revision of the merit system. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor declared a recess at 10:15 a.m. The Meeting resumed at 10:25 a.m., with all members of the City Council in attendance. Council Minutes 6/22/71 -7- ORDINANCE NO. 396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING PART 10 TO CHAPTER 5 OF ARTICLE VI RELATING TO SWAP MEETS (Refer to Report of Chief of Police, Page 5 of these Minutes.) The Ordinance was read in its entirety. It was moved by Councilman Hollis, seconded by Councilman Winton, and passed by the following vote to adopt Ordinance No. 396. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Jennings was excused from the Meeting at 10:30 a.m. Mayor Ferris stated that due to matters of personnel involved in the budget resolu- tions, he would recommend that toward the close of this Meeting the City Council recess to an executive session, after which the Budget resolutions will be considered. Councilman Hollis recommended the reappointment of Robert A. Weglin to the Park d Recreation Commission for a four-year term commencing July 1, 1971. RESOLUTION NO. 2555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF ROBERT A. WEGLIN TO THE PARKS AND RECREATION COMMISSION The Resolution was read in its entirety. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2555. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings The Director of Public Works reported a request had been received from a property owner to change the assessment on Downey Improvement Project No. 598 from 3 years to 10 years. He said the only change in cost would be on the interest to be collected over a 10-year period. He said this request is based on a financial hardship, and the assess- ment must be placed on the tax roll by July lst. For clarification, the City Attorney stated this would be a resolution amending Resolution No. 2539 to provide for payment of the assessment in ten annual installments. RESOLUTION NO. 2556 AMENDMENT TO RESOLUTION NO. 2539 CHANGING SECTION 3 AS ADOPTED JUNE 14, 1971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 598, STEWART AND GRAY ROAD The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2556. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Council Minutes 6/22/71 -8- I RESOLUTION NO. WS-744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 14895 - 15140 -- $164,049.55) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. WS-744. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #278, Patton Road, S/o Stewart and Gray Road. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve specifications and grant authority to advertise for bids on Cash Contract #286, Miscellaneous Repairs, 1971-72. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Mayor Ferris requested the Director of Public Works at the next Council Meeting to provide City Council with a report, listing the locations where the miscellaneous repairs will take place. Following a summation of bids, it was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to award Cash Contract #280, Tweedy Lane, S/o Bangle Road, to Sulley-Miller Contracting Co. of Long Beach,in the amount of the unit prices bid on the alternate proposal for construction of street improvements. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Cash Contract #282. Second Street. et al In reply to a comment by Councilman Winton, the Director of Public Works stated that before the contract is signed the contractor will provide a faithful performance bond. He said the principal of the company has indirectly done work under another name for the City, and it is known that he is a reliable contractor. Councilman Morton was excused from the Meeting at 10:40 a.m. Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #282, Second Street, et al, to Micca Construction Company of Long Beach, in the amount of the unit prices bid, waive the bid bond irregularity, and authorize the following transfer of funds: AMOUNT FROM TO $2,000. A/C 06 11311 A/C 06 11313 AYES: 3 Councilmen: Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Jennings Council Minutes 6/22/71 -9- Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #287, Annual Sidewalk Construction, to Micca Construction Co., Inc., of Long Beach, in the amount of the unit prices bid, waive the irregularity of the bid bond, and change the property owner's share of the cost for sidewalk construction under the Matching Fund Program from $0.40 per S.F. to $0.33 per S.F. without grading and $0.43 per S.F. with grading. AYES: 3 Councilmen: Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Jennings It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to accept the improvements completed on Cash Contract #198, Foster Bridge Boulevard, and approve extra work required. In response to a comment by Mayor Ferris, the Director of Public Works stated the additional items of correspondence received had nothing to do with this contract. Mayor Ferris requested the record to reflect that statement. AYES: 3 Councilmen: Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Jennings Cash Contract #274 Tree Removals at Various Locations (held from June 14, 1971 Meeting) Ervin Spindel, Director of Public Works, reported that the List of trees to be removed has been surveyed to meet the criteria set forth by the City Council at the Regular Meeting of June 14th, and 23 trees were removed from the list to meet this criteria. He reported that letters were sent to those involved advising them of the criteria set forth by the City Council for tree removal. Councilman Morton returned to the Meeting at 10:45 a.m. Following a summation of bids, it was moved by Mayor Ferris, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #274 Tree Removals at Various Locations, to Quick Tree Service of Los Angeles, in the amount of the unit prices submitted, and reject all other bids. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve Sidewalk Matching Funds for sidewalk construction at the following locations: ESTIMATED M.F. NO. ADDRESS CITY COST 58 12349 Brookshire Avenue $ 135.00 60 12841-12843 Downey Avenue 124.00 61 9040 Iowa Street 50.00 62 9227 Klinedale Avenue 89.00 63 7702 Phlox Street 69.00 64 9297 Klinedale Avenue 460.00 65 13261 Stanbridge Avenue 500.00 Total Estimated City Cost $ 1,427.00 AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings There being no objections, Sidewalk Matching Fund Program, Commercial Areas, was held over to the next Council Meeting. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to approve Annual Co -Operative Gasoline Purchase Contract July 1, 1971 through June 30. 1972. Council Minutes 6/22/71 -10- AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings CITY MANAGER'S REPORT City Manager Charles Thompson submitted for approval Co -sponsored Agreements for 1971-72 with the following organizations: Downey Art Museum, Inc, Downey Children's Theatre, Inc. Downey Junior Athletic Association Downey Symphonic Society, Inc. The City Manager advised they have been approved by the Parks and Recreation Commission, who recommended modification of the agreements with Children's Theatre, Downey Junior Athletic Association and Downey Symphonic Society to include the following language which is presently included in the agreement with the Downey Art Museum, Inc.: "Agrees not to engage in any activities that would be harmful to the welfare or morals of the community, pursuant to the terms of this Agreement." "Agrees not to enter into any other agreement or contract which restricts their powers to effectively fulfill the conditions of this Agreement." It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve Co -sponsored Agreements, 1971-72 Fiscal Year with Downey Art Museum, Inc.; Downey Children's Theatre, Inc.; Downey Junior Athletic Association; Downey Symphonic Society, Inc.; and authorize the Mayor to sign the Agreements. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Golf Course Policies Procedures and Fees City Manager Charles Thompson presented the following revisions to the Golf Course Manual: Page 6 - Golf Course Green Fee Schedule. a, Add: "Tournaments Saturday, Sunday and Holidays - $5.00 per golfer". Presently all participants in tournaments are paying the regular green fee for 18 holes, which is $4.50. Most golf courses are charging the extra 50C per golfer for tournaments. b. Under "Student Fee". Instead of charging $1.00 per student per round of golf for the two high school golf teams, it is recommended that a fee of $400.00 per school per golf season be established. This is consistent with the adjusted Council policy relative to the two high school golf teams in November, 1970. Page 2 - After "Caddies" add a section on "Dress": "All players must wear shirts or blouses on the golf course at all times". It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the Golf Course Policies, Procedures and Fees as recommended by the Parks and Recreation Commission. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings City Manager Charles Thompson reported on proposed changes in the Theatre Rules and Regulations. Theatre Manager Bill Harper responded the liability of persons and organizations bond must be posted, and if the use results to questions of Councilman Winton regarding leasing the Theatre. He stated that a $100. in the requirement for more than normal Council Minutes 6/22/71 -11- maintenance, the cost would be deducted. In the case of major activities such as a concert, a $300,000. liability bond must be posted. Mr. Harper reported on activities scheduled for use of the Theatre in conjunction with the Recreation Center. Mayor Ferris reported on the favorable comments he received regarding the Gray Y Awards and Banquet, which was held in the Theatre in conjunction with the Recreation Center. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve Theatre Rules and Regulations as recommended. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings City Manager Charles Thompson reported regarding the proposed 24-Acre Park. He stated that at its meeting of June 15th, the Parks and Recreation Commission recommended pursuing the possibility of securing Federal grants to apply against the acquisition and development costs of this park, and specifically recommended that the City actively pursue, as rapidly as possible, all avenues of Federal funding available for the acquisi- tion and development of Wilderness Park, and in the event such funding is available under acceptable conditions, that they be utilized for this project. Councilman Morton stated that he had no objections to forwarding the Letter of Intent predicated on the basis that it is of exploratory nature only. He stated that, in conjunction with the Letter of Intent, he would want to see the written regulations that would govern the park and property within the City of Downey. He stated further that if the City entered into such an arrangement, it should agree to only those governing regulations that are in existence at the time the City entered into such agreement. City Manager Thompson stated that the Letter of Intent would not commit the City in any way but would provide a vehicle to ascertain the City's cost for such funding and to determine all conditions and requirements. A further recommendation could then be submitted for City Council action. It was moved by Councilman Morton, seconded by Councilman Winton, that the City Manager be authorized to submit the Letter of Intent subject to the conditions as set forth by Councilman Morton. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings City Manager Charles Thompson recommended approval of the Civil Defense and Disaster Emergency Operations Plan, which is reviewed every two years for necessary revisions. He said June 30, 1971 is the deadline date for updating this Plan, and the revisions in the Plan were made necessary by State Law requirements. He stated the only changes were changing the words "Civil Defense" to "Emergency Operations", which effect a broader aspect to the plan and are subject to specifications of the kind of emergencies that the City might experience, providing the organization pattern of response to these in the line of succession for the operation of the Civil Defense Plan. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve the Civil Defense and Disaster Emergency Operations Plan. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES. 0 Councilmen: None ABSENT: 1 Councilmen: Jennings At the request of Councilman Morton, Report on Santa Ana Freeway Widening by the Director of Public Works was held over, Mayor Ferris read from an article from the Southern California Research Council, quoting a statement by Dr. Samuel Rosen, New York Optologist, one of New York's great Ear Surgeons and a noise pollution expert, regarding the affects of noise pollution on the human body. After research, Dr. Rosen concluded that noise is a contributor to heart disease. Mayor Ferris stated the Council will recess to Executive Session, along with the City Manager and the City Attorney, for the purpose of discussion personnel matters. He said the only unresolved matter is the Budget, and the Council will take action on that when the Meeting resumes. Council Minutes 6/22/71 -12- e Mr. Kenneth Miller requested that he be allowed to speak to the Council. Mayor Ferris denied his request and said the Council will hear oral communications when they return to the Meeting. The Meeting was recessed to Executive Session at 11:15 a.m. The Meeting resumed at 1:05 p.m., with Councilmen Morton, Winton, Hollis, Ferris present; Councilman Jennings absent. Mayor Ferris announced that the City Council is ready to adopt the Budget for the Fiscal Year 1971-72. He stated the changes in the proposed Budget were the addition of a separate fund for carryover from the Gas Tax Fund for the purpose of clarity, and the addition of approximately $50,000. Capital Improvement Fund. RESOLUTION NO. 2557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENC- ING JULY 1, 1971, AND FIXING THE LIMITATIONS OF EXPEN- DITURES FOR THE SEVERAL FUNDS, FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS The Resolution was read by title only. The City Manager gave a summary as follows: Sub -Total General Fund - Operating Budget Available for Reserves and Salary Improvement Total General Fund - Operating Budget Recommended Operating Expense & Capital Outlay (Water Fund) Operating Expense & Capital Outlay (Golf Course) Public Works - Street Lighting Fund Public Works - Street Construction Capital Improvements Fund (General Funded) $ 7,346,230. 300.980. $ 7,647,210. $ 1,158,940. $ 502,900. $ 143,520. $ 673,000. $ 497,790. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2557. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REAPPROPRIATING SPECIAL GAS TAX MONIES FOR THE FISCAL YEAR COMMENCING JULY 1, 1971 AND FIXING THE LIMITATION OF EXPENDITURES FOR THE FUND, FUNCTION, DEPARTMENT AND ACTIVITY CARRIED UNDER SUCH FUND The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2558. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Council Minutes 6/22/71 -13- rot A , k..._p, RESOLUTION NO. 2559 A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF DOWNEY ADOPTING AND IMPLEMENTING A REVISED CLASSIFICATION PLAN FOR MISCELLANEOUS EMPLOYEES The Resolution was read in its entirety. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2559. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AND IMPLEMENTING A REVISED CLASSIFICATION PLAN FOR POLICE The Resolution was read in its entirety. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2560. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AND IMPLEMENTING A REVISED CLASSIFICATION PLAN FOR FIRE The Resolution was read in its entirety. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2561. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AND IMPLEMENTING A REVISED CLASSIFICATION PLAN FOR MANAGEMENT AND SUPERVISORY EMPLOYEES The Resolution was read in its entirety. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2562. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings RESOLUTION NO. 2563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AND IMPLEMENTING A REVISED COMPENSATION PLAN FOR THE CITY MANAGER The Resolution was read in its entirety. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2563. Council Minutes 6/22/71 -14- AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Jennings Mayor Ferris stated there is a resolution that will require action but is not available at this time, specifically regarding the Downey City Employees' Association. He said he believes it is the intention of the City Council to improve the Retirement Plan along the lines and equivalent to the requirements of Senate Bill 249. The City Manager was requested to review the alternate plans available to the City for implementing the changes in the Retirement Plan and to prepare a resolution to be adopted prior to June 30th. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to adjourn the Meeting to 5:00 p.m., June 28, 1971, in the Council Chamber of the Downey City Hall. There being no further business to come before the City Council, the Meeting was adjourned at 1:20 p.m. ELLEN C. DAVIS, CITY CLERK Council Minutes 6/22/71 -15-