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HomeMy WebLinkAboutMinutes-06-11-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 11, 1973 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Budget, Fiscal Year 1973-74 Formal hearing set 6/26/73 1 Resolution #2804, Confirming Assessment for Chapter 27, DIP #635, Site 2, 12070 Patton Rd. Adopted 4 Resolution #2805, Confirming Assessment for Chapter 27, DIP #637, E/s Orizaba S/o Orange Adopted 4 Correction to Minutes, 5/14/73; Minutes, 5/22/73 as corrected Approved 4 Resignation of Cecil Parish from Parking Accepted with regret; Cn. Jennings Place Comm. to write letter of appreciation 5 Request of J. Robinson for approval of Apartment House Building Permit requested under Emergency Ordinance #435 Approved Legal Claims (for Council action) Ref. #106, Dale A. Gentry, Sr. Ref. #109, Shirley A. Roush Rejected Ref. #110, Judy Johns Ref. #111, Olga J. Schultz Accepted Legal Claims (for information only) Ref. #112, Steve Bubalo Construction Co. Ref. #113, Emma J. Wormley No action Ordinance #436, Prohibiting Conversion of Existing Apartment Bldgs. into Condominium Ownership, except from auth. of Planng. Comm. during study of condominium dev. (Emergency) Adopted Resolution #2797, Requesting Allocation of County Aid to Cities Funds for Maintenance of Select System Streets Adopted Resolution #2798, Ordering Dir. P.W. Make Report (Annex. 73/19) Adopted Report, Annex. 73/19 Accepted Resolution #2799, Declaring Int. to Annex to City Lighting Dist. (Annex. 73/19) Adopted Resolution Approving Final Subdivision Map Tr #19664 Apprvg. Agmt. with Subdividers & Acceptance Letter of Credit for Cash Taken under submission; Deposit (Tweedy Lane, S/o Lubec St.) square foot cost approved Resolution #2800, Apprvg. Final Subdivision Map Tr #24092, Acceptg. Dedication therein; Apprvg. Agmt. w/Subdividers & Acceptance of Cash Deposit (Sarabeth St. & Julius Ave.) Establishment of Park Land Fee Resolution #2801, Reappointing LeRoy Rodenberg to Personnel Advisory Board Resolution #2802, Approving Reappointment of Charles V. Jones to Library Advisory Board Page 1 of 2 Adopted Approved Adopted Adopted 6 7 7 7 7 7 8 8 8 8 9 9 9 9 COUNCIL MINUTES OF JUNE 11, 1973 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Resolution #2803, Approving Reappointment of J. Art Johnson to Parks d Recreation Comm. Adopted 10 Resolution #2796, Authorizing Cooperative Personnel Service Contract Adopted 10 - Payroll Warrants #05398 - #05930 General Warrants #25138 - #25330 General Warrants #25331 - #25560 Approved 10 Miscellaneous Project #118, Landscaping Stewart d Gray Rd. e/o Lakewood Blvd. Approved 10 DIP #639, Sideview Dr. Site 5, Matching Fund #496 Not approved 11 Reciprocal Use of Facilities Agreement - Authorize Mayor to sign Approved 11 Agreement with Downey Police Officers' Assn. (Memorandum of Understanding) Taken under study 11 Renewal of Line Credit on Subdivision Tr #30909- Authorize Mayor to sign Approved 11 Meeting adjourned to 7:30 p.m., June 20, 1973 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 11, 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., .June 11, 1973, in the Council Chambers of the Downey City Hall, Mayor Thomas H. Morton presiding. PRESENT: Councilmen: Richard M. Jennings, Walter S. Temple, Richard M. Jennings, Thomas H. Morton ABSENT: Councilmen: Joseph E. DiLoreto ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works William A. Goggin, Director of Planning Richard D. Patton, Director of Finance Ray T. Lake, Director of Building & Safety Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Harald J. Henriksen, City Engineer James Jarrett, Recreation Supervisor Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk The Invocation was delivered by Reverend Robert W. Gerhart of the Immanuel Mennonite Church, followed by the Flag Salute led by Councilman Donald Winton. Mayor Thomas Morton declared that this is the time and place for the informal public hearing on Budget for Fiscal Year 1973-74. He inquired if City Clerk Robert Shand had the Affidavit of Publication, to which Mr. Shand responded in the affirmative. Mayor Morton called upon the City Manager to review the Budget. City Manager Charles Thompson stated the General Fund as recommended to the City Council reflects a 7% increase compared with the 1972-73 Budget; that the expenditures from the Budget compared to actual appropriations this year should amount to about 3.6% less than the actual budgeted amount. He said based upon the program for the coming year 1973-74 the estimated ending balance as of June 30, 1974 will run between $100,000 and $150,000. Mr. Thompson pointed out that a number of desirable programs have been stricken from the departmental requests, including the Aerial Surveillance Program, which has been recommended but is not contained in the Budget submissions pending some determination, not only by the Council Study Committee, but pending a report from the City's request for matching funds. He said cuts have been made in most departmental budget requests, including additional requests for personnel --an additional Planner in the Planning Department and additional secretarial help in several departments; that several requests for reclassification have either been deleted or deferred pending a more detailed study. Mr. Thompson stated certain capital outlay and capital improvement requests have been cut from the departmental requests, and he commented the Operating Budget contains two things that are somewhat different in its approach than in previous years: The Operating Budget this year includes funds for miscellaneous street and sidewalk repairs which have been previously carried as projects in the Gas Tax Fund but is offset by the same amount of transfer from the Gas Tax Funds. He said there is no difference in the amount of the program --it is a different way of listing. Mr. Thompson explained an Equipment Revolving Fund has been established, whereby all equipment needs from the standpoint of replacement costs, as well as operating costs, are budgeted in each department and transferred to a revolving fund out of which the costs are met for all equipment. He said this should give a better control over equipment and maintenance costs. Mr. Thompson remarked that in the Public Safety field, the changes in the Budget compared to the current year are in the Fire Department, where there will be a decrease of approximately five people. He said this comes about as a result of the program to combine two fire stations. Regarding the Police Department, Mr. Thompson stated there is a recommendation for a continuance of the Thug Diversion Program on a test basis, the inclusion of a Technical Services Supervisor, and the change of a part-time photographer to full time duty. Council Minutes 6/11/73 -1- .6�L Commenting on the Physical Environment Section of the Budget, Streets Division, Mr. Thompson mentioned there is a recommendation for a two -man concrete crew to do all forms of sidewalk curb repair by the City, and it is estimated this would result in an annual savings of about $10,000. He said there is also a recommendation for a mechanic to do work in the Street Department to handle all of the repair needs of the City in a combination of the Parks and Streets equipment. Mr. Thompson explained in the Culture and Recreational field, the principal changes are to prepare for the opening of the Wilderness Park and reflect the needed additional maintenance that is required in the Theatre. Mr. Thompson said under Community Development there is very little change, and the request for an additional Planner has been deleted, although it is a needed item. Commenting on General Government, Mr. Thompson stated there has been some part- time help requested in Personnel and the City Managers office, there has been some increase in the City Attorney°s retainer, and a provision has been made in the Finance Department, looking forward to the Data Processing Program and overall operation of the Finance Department, Mr, Thompson explained the Budget includes a provision for additional auditing costs and a provision for State mandated programs for the General Plan, such as seismic safety and noise elements. He said the Budget also includes provisions for salary increases as per the existing agreements with the Fire Department, Miscellaneous Employees, and General Management Personnel, as well as a recommended agreement with the Police Department, Mr. Thompson commented Capital Improvements include $375,000 for a fire station and $141,000 for continuance of a program to develop the 24-Acre (Wilderness) Park. He said provisions are included for a Residential Rehabilitation Program planned for implementation this fall at $210,000. He said Capital Improvements also provides for a reserve for the addition to the Library at $200,000, street projects at $213,000, recreational programs at $58,000, and an addition to Brookshire Park at $25,000. In conclusion, Mr. Thompson reported there is a re -cap of the expenditures for the Budget and a breakdown of all department recommendations as to personal services, supplies, operating charges, equipment rental, and totals for all of the General Fund items; that charts are on display and anyone interested can view them at any time. He stated the charts contain the revenue and expenditure side of the Budget and a General Fund analysis. Mayor Morton explained that much of the Budget material has just been made avail- able in detail to the City Council; that Study sessions will be scheduled; and, accord- ing to the City Charter, the Budget must be adopted by the end of June. He then called on Councilman Donald Winton, who had served with Councilman Joseph DiLoreto on the Budget Study Committee. Councilman Donald Winton said a change was made on Page 8 of the Building Services Section. of the Budget, Committee Report, third sentence from the bottom of Building Services paragraph: Insert the word "new" between "some" and "methods". He stated that Councilman DiLoreto was unable to be at this meeting; that the final report will be contingent upon any changes that Councilman DiLoreto may wish to discuss; and, the report was done from their mutual minutes and dictation left by Councilman DiLoreto. Councilman Winton commended the City Manager and the Staff for the development and implementation of the Revenue Analysis, as well as the Budget Guide utilized this year. He said some of the items upon which the Budget Committee recommended deletion were also recommended for deletion in the City Manager's recommended Budget, Councilman Winton recommended further study in certain areas of the new Budget, as noted in the recommendations. Mayor Morton inquired if members of the City Council could meet in open Council on June 18th to study the new Budget. After discussion, June 20th was set for the study meeting to convene at 7:30 p.m. in the Council Chambers and then adjourn to another area. Mayor Morton inquired if any Councilmen has questions on the new Budget as pre- sented by the City Manager. Councilman Walter Temple commented he felt everyone involved had done a good job and put a lot of work into its preparation. Mayor Thomas Morton asked if there was anyone present who wished to address the City Council with regard to the City Budget, realizing the City Council has not had the opportunity to study this recommendation in depth. Council Minutes 6/11/73 -2- I Mrs.Hazel Scotto, 9203 Cord Avenue, Downey, representing the League of Women 4F Voters, inquired about a Public Transportation Study, which they had requested. F Mayor Thomas Morton replied the City Manager's office had prepared and presented an analysis which has not as yet been studied by the City Council. He said Mrs. Scotto could obtain a copy of the analysis. Mrs. Betty Rupp, 12724 Berlin Avenue, Downey, commented that she was in favor of all of the protection that can be given to the Fire and Police Departments and the citizens of Downey. She urged the Council to consider the program of Air Surveillance. Mr. Robert Garstang, 10361 Chaney Avenue, Downey, spoke in opposition to an Air Surveillance Program. Mrs. Leslie Moore, 8120 Priscilla Avenue, Downey, inquired about the item of Residential Rehabilitation in the amount of $210,000 and asked what form the Rehabilita- tion will take. City Manager Charles Thompson replied details of the final report should be completed within another month and the general concept of this program would be to attempt to identify all areas within the City that require or should receive some residential improvement; that they could be considered neighborhood amenities. He said this would include a check of the streets, alleys, utilities, drainage, recreational needs, and any other problems that might be detrimental to good housing and maintenance and might include an investigation and study of the size and conditions of lots and structures, the age, population composition --looking ahead to what might be done to im- prove that kind of situation. In response to additional requests asked by Mrs. Moore, Mayor Morton advised that the City would certainly be happy to let her know when the report is available. Mr. Art Hansen, 9023 Farm Street, Downey, spoke with regard to the Drug Rehabilita- tion Program. Councilman Donald Winton commented that if the Program could save three people annually, the Program would be worthwhile. Police Chief Loren Morgan invited Mr. Hansen to visit him in his office and discuss the Program in detail. Mr. Robert A. Gonzales, 12621 Dolan Avenue, Downey, spoke regarding Aerial Surveillance and Drug Rehabilitation and commented he is in favor of any program that could save lives or prevent crime in the City. Mayor Thomas Morton asked if anyone else would like to speak with regard to the Budget, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to set a Formal Budget Hearing for 8:00 a.m., June 26, 1973, in the Council Chambers of the Downey City Hall. It was noted said date is the next regular Council Meeting. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No. 635, Site 2, 12070 Patton Road. He inquired if City Clerk Robert Shand had the Affidavit of Posting of Notice and Affidavit of Mailing, to which Mr. Shand responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests or ob- jections to the improvements, and Mr. Shand replied he had not. Public Works Director Ervin Spindel reported that all of the work required under the provisions of Chapter 27 of the 1911 Act has been satisfactorily completed, and he described the costs to the property owners. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to accept the Engineer's Report. Mayor Morton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No. 635, and there was no response. Council Minutes 6/11/73 -3- 1;_ 3 �A It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No, 635, RESOLUTION N0, 2804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 635, SITE 2, 12070 PATTON ROAD The resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No, 2804, AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No, 637, East Side Orizaba Avenue South of Orange Avenue, Sites 1, 2, and 3. He inquired if City Clerk Robert Shand had the Affidavit of Posting of Notice and Affidavit of Mailing, to which Mr. Shand responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavits, Mayor Morton inquired if the City Clerk had received any written protests or ob- jections to the improvements, and Mr. Shand replied he had not, Public Works Director Ervin Spindel reported that all of the work required under the provisions of Chapter 27 of the 1911 Act has been satisfactorily completed and he described the costs to the property owners for Site 1--12280 Orizaba, Site 2--12288 Orizaba Avenue, and Site 3--12292 Orizaba Avenues It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to accept the Engineer's Report. Mayor Morton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No, 637, and there was no response, It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No, 637, Sites 1, 2, and 3, RESOLUTION N0, 2805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT N0, 637, EAST SIDE OF ORIZABA AVENUE SOUTH OF ORANGE AVENUE The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No, 2805, AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Di Loreto It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to approve the Correction to Minutes of the City Council Meeting of Mav 14, 1973, and the Minutes of the City Council Meeting of May 22, 1973, as corrected, Mayor Thomas Morton acknowledged a communication from Helpline Youth Counseling Center and stated they have requested permission to make a presentation to the City Council with regard to the services they render, Council Minutes 6/11/73 -4- Dr. Patrick O'Connor, Directorof Helpline Youth Counseling Centers addressed the City Council and stated that law enforcement, crime prevention, and juvenile delinquency are primarily their tasks. He said they service eight cities in the Cerritos College area, and they are partially funded by State and Federal law enforcement agencies, Dr. O'Connor introduced his administrator and business manager, Mr, Ron Lostrom, who explained the proposed contract with the City of Downey. It was noted the request for Helpline Youth Counseling is for $1,476,41, based on 81.2C per hour of counseling to a young person and $200, for Hot Line Drug Counseling Services, Mr. Lostrom said that due to a difference in fiscal year endings, they are asking for a cash advance of $880.20 as soon as the contract is ratified, Councilman Donald Winton inquired if the County of Los Angeles is contributing to this program, Mr„ Lostrom replied they are not doing so because of the limitations of their grant, Councilman Winton stated he would like to see more details on this matter to determine if the City of Downey is picking up part of the County's responsibility, Communication from City of Lynwood regarding Death Penalty Resolution, Ordered filed. Communication from Cecil Parish regarding Resignation from the Parking Place Commission. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to accept the resignation of Mr. Cecil Parish with regrets. Mayor Thomas Morton asked if Councilman Richard Jennings would write a letter of appreciation to Mr. Parish, and Councilman Jennings responded in the affirmative. Communication from Public Utilities Commission regarding Investigation of Rules ning Construction and. Maintenance of crossing at grade of Railroads with Public is . Communication from Public Utilities Commission regarding Application of Southern California Gas Company for Rate Increase. Ordered filed. Communication from Public Utilities Commission regarding Methods of Compliance with the Environmental Quality Act of 1970. Ordered filed. Communication, from Director of Planning, William Goggin, regarding Apartment House Building Permit Approval requested under Emergency Ordinance No. 435. Planning Director William Goggin stated in conformance with Ordinance No. 435' Section 1.3, he has reviewed the preliminary plans for a seventeen (17) unit apartment building proposed to be constructed by William Lehman and Jack Robinson on property lo- cated at 11841 Old River School Road. He said the property is presently zoned R-3 and complies with all of the development standards of the Zoning Ordinance; that in addition., the recommendations of the Apartment House Committee have been reviewed with Mr. Robinson; and Mr. Robinson disagrees with the following sections contained in the Apartment House Committee's recommendations: 1, Section II, subsections B, 2)--d) and a), Page 3, pertaining to sliding glass doors and windows. 2. Section II, subsection B, 2), Page 3, pertaining to screening of parking areas. 3. Section II, subsection C, f), Page 5, pertaining to P.V.C. waste lines in common walls. 4. Section II, G, 2), Page 7, relating to storage cabinets in garage. Mr. Goggin commented Mr. Robinson has met all of the requirements, except the four items specified. Discussion followed. Mr. Jack Robinson, office located at 8615 Florence Avenue, Downey, the applicant, requested permission to speak to the 'issue. He said the application was made prior to the enactment of the emergency ordinance and pointed out that the ordinance specifi- cally spoke to the issue of a Building Permit being issued, not a Building Permit being applied for. Mr. Robinson reviewed the four exceptions and stated he feels he was within the intent of items 1, 2, and 4; that as for item 3, this requirement can be met, Council Minutes 6/11/73 -5- I. 16b and he would rely solely on the Director of Building & Safety as to whether or not he was meeting the requirement. He discussed the proposed guest parking which was designed using the City of Paramount's ordinance as a guideline. Councilman Richard Jennings stated he is connected with a construction company that builds apartment houses and will withdraw from discussion at this time. Mayor Thomas Morton said he feels guest parking should be provided off public streets, inasmuch as many apartment houses are contiguous to residential areas. He commented in this case, since the application was prior to the emergency ordinance and this matter has not been discussed, the applicant should not be faulted because the Council has not made its study. He suggested the matter of guest parking be studied and evaluated. Mayor Morton declared a recess at 9:10 p.m. The meeting resumed at 9:15 p.m. with Councilmen Jennings, Temple, Winton, Morton present; Councilman DiLoreto absent. It was moved by Councilman Temple that a building permit for an apartment house located at 11841 Old River School Road be authorized; that the City Council finds said proposed development is in accordance with the proposed limitations, restrictions, and recommendations of the report filed on May 14, 1973; and that such proposed development will not be in conflict with the proposed zoning, subject to the following requirements: (1) The Director of Building & Safety authorize the doors and windows that will be used; (2) No gate will be necessary in this development; (3) The design of the building shall conform to the Committee recommendations on waste lines and be approved by the Director of Building & Safety; and (4) The storage cabinets be allowed with a minimum of 72 cubic feet. City Attorney Royal Sorensen thought the motion should indicate that a building permit for an apartment house located at 11841 Old River School Road be authorized, subject to the Director of Building & Safety approving the window locks to be used, as set forth in item No. 1, and that the P.V.C, design be approved by the Director of Building & Safety. Items 2 and 4 remain as stated in the principal motion. Mayor Thomas Morton inquired if it was Councilman Temple's intent that this be - established as a precedent for the final action of the City Council with regard to the Apartment House Survey. Councilman Walter Temple said No. Mayor Morton asked if it was not Councilman Temple's intent that this be established as a precedent with regard to curbside parking satisfying the guest parking requirements. Councilman Temple replied he strongly disagreed with curbside parking as guest parking. He said, however, there are two things that have to be considered --the date of the application permit, which was before the emergency ordinance, and the size of the development with regard to guest parking. The motion was seconded by Mayor Thomas Morton. Roll call vote: AYES: 2 Councilmen: Temple, Morton NOES: 1 Councilmen: Winton ABSENT: 1 Councilmen: DiLoreto ABSTAIN: 1 Councilmen: Jennings Clarifying his "no" vote, Councilman Winton stated he questions the fact that there was a recommendation relative to off-street guest parking on the premises, irrespective of the size of the development, and the report did not indicate there would be a break relative to guest parking due to the size of the development. He discussed the problems of off-street guest parking in his district and said the application was received after the report from the Apartment House Committee. Commenting on his "aye" vote, Mayor Thomas Morton stated his vote is predicated on the fact that it has been made clear this is not setting a precedent, his feelings on this matter have been stated, and the Apartment House Study Report has not been approved by the City Council and is still under study. City Attorney Royal Sorensen requested time to consider the vote before giving a ruling and said he would contact the City Clerk on June 12, 1973. (NOTE: The City Attorney telephoned the City Clerk on June 12, 1973, and stated the City Council's vote (above) is an approval to authorize issuance of the permit.) Council Minutes 6/11/73 -6- .�.sp1�,.'ff' `1 - �_,'tJC LEGAL CLAIMS (for Council action) Ref. #106, Dale A. Gentry, Sr. Ref. #109, Shirley A. Roush It was moved by Councilman Donald Winton, seconded by Councilman Walter Templer and so ordered to reject the Legal Claims of Dale A. Gentry, Sr. and Shirley A. Roush, Ref. #110, Judy Johns Ref. #111, Olga J. Schultz It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to accept the Legal Claims of Judy Johns and Olga J. Schultz and approve in the amount of the claims specified. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto LEGAL CLAIMS (for information only) Ref. #112, Steve Bubalo Construction Company Ref. #113, Emma J. Wormley Councilman Richard Jennings voiced opposition to the first paragraph of the letter from Chubb/Pacific Indemnity Group regarding Legal Claims #106 and #109. He said he does not feel it is the intent of the City Council to force people who have honest and legitimate claims against the City to go through law suits to collect. Discussion followed. ORDINANCE NO. 436 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE CONVERSION OF EXISTING APARTMENT BUILD- INGS INTO CONDOMINIUM OWNERSHIP, EXCEPT FROM AUTHORIZATION OF THE PLANNING COMMISSION DURING A PERIOD OF STUDY OF CONDOMINIUM DEVELOPMENT The Ordinance was read in its entirety by the City Attorney. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Ordinance No, 436. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2797 __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 Richard Jennings, seconded by Councilman.Donald Wi%rtonf and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2797. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 ANNEXATION 73/19 Council Minutes 6/11/73 -7- - " The Resolution was read by title only. It was moved by Mayor Thomas Morton, seconded by Councilman Richard Jennings, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2798. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Public Works Director Ervin Spindel reported on the location of the annexation. He said the area shall be annexed into Zone 4 of the Downey City Lighting District for for 1974-75 and 1975-76 tax years and transferred into Zone 1 from July 1, 1976 until January 31, 1983, which is the expiration of the present City -Utility Contract. He commented the installation cost for 5 steel standards will be $548.75; the annual operating cost, $399. Mr. Spindel further reported on the payment schedule and stated a petition. was signed by 88% of the property owners in the district. Mr. Spindel requested the date for the public hearing, set forth in the resolution declaring intention to annex, be changed from July 24, 1973 at 8:00 o'clock a.m. to July 9, 1973 at 7:30 o'clock p.m. The change was noted. Mayor Thomas Morton asked that the proposed steel light at the southwest corner of Cedartree and Passons be deleted from the Assessment District and included under the safety lighting at intersections within the City, which will be picked up as a City cost in accordance with prior policy of the City Council. Mr. Spindel said the Engineer's Report should be amended to one (1) luminaire on existing wood pole and six (6) 7,000 lumen mercury vapor lights at an annual operating cost of $342, with no change in the assessment. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 2799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 73/19) The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2799. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen; DiLoreto RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 19664 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT FOR CASH ON DEPOSIT IN LIEU OF SURETY BONDS (TWEEDY LANE, SOUTH OF LUBEC STREET) The Resolution was read by title only. Planning Director William Goggin requested the Resolution be held until the next Council Meeting and asked the Council to set the Park Land Fees at this time. He ex- plained the purpose for the request. Discussion followed. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to approve the square foot cost of $1.85 and take the Resolution under submission. Council Minutes 6/11/73 -8- AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 24092 ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF A CASH DEPOSIT (SARABETH STREET AND JULIUS AVENUE) The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. Planning Director William Goggin informed the Council that fees must be set for Park Land. He recommended the Council set the fee at $1.50 and indicated a check in the amount of $3,785.15 is now on deposit. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2800. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote that $1.50 per square foot be established as a fair market value of the land in Tract No. 24092. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REAPPOINTING LE ROY RODENBERG TO THE PERSONNEL ADVISORY BOARD The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It %3as moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2801. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF CHARLES V. JONES TO THE LIBRARY ADVISORY BOARD The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2802. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF J. ART JOHNSON TO THE PARKS AND RECREATION COMMISSION Council Minutes 6/11/73 -9- The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2803, AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto RESOLUTION NO. 2796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING COOPERATIVE PERSONNEL SERVICE CONTRACT The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2796, AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to approve Payroll Warrants #05398 through #05930, $221,997.22; General Warrants #25138 through #25330, $315,901.93; and General Warrants #25331 through #25560, $186.071.31. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Public Works Director Ervin Spindel described the proposed landscaping on Miscellaneous Project 118, Landscaping Stewart and Gray Road, east of Lakewood Boulevard, Discussion followed regarding the 8' width of the proposed sidewalk. It was noted the Public Works Department would be maintaining the area. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the concept of landscaping on Miscellaneous Project 118, Landscaping Stewart and Gray Road, east of Lakewood Boulevard. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Downey Improvement Project ,$639, Sideview Drive Site 5, Matching Fund #496 Mayor Thomas Morton asked why the City does not remove a tree when the tree is on private property, the property owner has given his consent for the tree to be removed, and the tree is a menace to public safety and welfare, Public Works Director Ervin Spindel replied removal of a tree on private property is generally the responsibility of the property owner. He said if the City starts re- moving trees on private property there may be thousands of requests for the same service; that it would not be a proper expenditure of public funds. Councilman Richard Jennings stated Council policy a short time ago was against curving a sidewalk around an existing tree. Mr. Spindel responded that the other trees were in the parkway; that in this case if an attempt is made to root prune the tree and run the sidewalk straight, in about two years the sidewalk would be displaced again. Councilman Donald Winton inquired about the additional cost of the curb. Mr. Spindel replied it would be nominal. Mayor Morton asked what safety problems would be created by root pruning. Mr. Spindel answered that there is no safety problem, since the tree is an Evergreen Ash and has a large root system. Council Minutes 6/11/73 -10- Discussion followed. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to not approve Downey Improvement Project #639, Sideview Drive Site 5, Matching Fund #496. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto Councilman Donald Winton commented on the Reciprocal Use of Facilities Agreement and noted some minor changes as presented by the Director of Parks & Recreation. He said the major change recommended at this time and approved by the City -School Recrea- tion Committee is that the term of the Agreement be changed from September 1st through August 30th to the dates of July 1st through June 30th, to conform with most contractual agreements of this nature administered by both agencies. Councilman Winton stated an additional addendum $3 has been included, which refers to the existing Lease Agreement entered into by the City and the School District for the development and utilization of Alameda School as a mini park, and it was recommended by the Committee at its last meeting that the Agreement be approved. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to approve the Reciprocal Use of Facilities Agreement with the Downey Unified School District and authorize the Mayor to sign. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto CITY MANAGER'S REPORT City Manager Charles Thompson reported on the Agreement with the Downey Police Officers' Association. He stated for the past several weeks he has had meetings with the Police Committee and he is presenting a Memorandum of Understanding covering a two-year period, which is equitable and in the best interests of police service in the City of Downey, and is in general balance with the agreements reached last year with the Firemen's Association and Downey Miscellaneous Employees' Association. Mr. Thompson explained there would be a wage increase the first year averaging approximately 5.40. However, he said, base salaries go up to 8-1/4%, with three 2-3/4% salary increases during the year in July, November, and March. Mr. Thompson commented during the first year of the Agreement there would be an amendment to the present requirement of physical examinations. In addition, he said, each member of the Association agrees to waive six accrued days compensatory time or holiday time for 48 hours per man during the year and in the second year to waive four days. He stated these have been paid for in the past by the City and would be substan- tial reductions in City costs. During the second year of the Agreement, Mr. Thompson stated, there would be two salary increases netting approximately 4.5% for the year but consisting of two 2-3/4% salary increases, one in July and one in December of 1974. He remarked it also includes a 2% at 50 Retirement Plan effective January 1, 1975. Mr. Thompson explained in addition, the City would agree on January 1, 1975 to pay 100% on .the medical insurance coverage for the Police Association Members. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to take the Memorandum of Understanding between the City Manager and the Police Officers' Association under study in connection with the rest of the Budget. City Manager Charles Thompson reported that a request has been received from D d H Construction Company regarding Renewal of Line of Credit on Subdivision Tract #30909. He said this had previously been approved by the City, however, the time has expired and they are asking for an additional 12 months. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the request for Renewal of Line of Credit on Subdivision Tract #30909 and authorize the Mayor to sign. Council Minutes 6/11/73 -11- AYES: 3 Councilmen: Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: DiLoreto ABSTAIN: 1 Councilmen: Jennings City Manager Charles Thompson indicated he has filed with the City Council an Interim Report on the Dial -a -Ride Bus System, and further reports will be presented. ORAL COMMUNICATIONS Mr. Wendell Wiser, 10921 Paramount Blvd„ Downey, inquired regarding the progress of his recent request pertaining to Section 602 of the Penal Code dealing with Trespassing Law. Councilman Richard Jennings replied the Council has received a two -page memo from the City Manager regarding said section. He stated the memo contains a recommendation from the Police Chief and a statement from the District Attorney, He invited Mr. Wiser to read the memo. Mr, Wiser concurred with the hiring of Mr. Mike Testi and stated he believes Mr. Testi should be given an opportunity to help the youth in the community. Mayor Thomas Morton welcomed Fire Chief Edwin Wood. There being no further business to come before the City Council, it was moved by Councilman Richard Jennings and so ordered to adjourn the meeting at 10:10 p.m. to Budget Study Meeting at 7:30 p.m., June 20, 1973, in the Council Chambers of the Downey City Hall; that upon convening in the Council Chambers, the meeting will then be transferred to the Green Room at the Downey Theatre, ROBE T L. SHAND, CITY CLERK -TREASURER THOMAS H. MORTON, MAYOR Council Minutes 6/11/73 -12- _ M G72 CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 11, 1973 On Page 11 of the Minutes of the City Council Meeting of June 11, 1973, the second paragraph now reads: t'It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to not approve Downey Improvement Project #639, Sideview Drive Site 5, Matching Fund #496." The paragraph should read: "It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to not approve pruning the roots of a tree and constructing the sidewalk around the root area of the tree located at 9257 Sideview Drive, Downey Improvement Project #639, Sideview Drive Site 5, Matching Fund #496.11 Robert L. Shand, City Clerk -Treasurer Council Minutes 6/11/73 (Correction)