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HomeMy WebLinkAboutMinutes-07-23-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 23, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Presentation of Five, Ten & Fifteen Year Awards to City Employees Presentation of Five & Ten Year Awards to Citizens Weed Abatement Assessments (Lot Cleaning Program) Affirmed Minutes, July 8, 1974 Approved Comm. from Mayor Jennings re Apptmt. of Mrs. Sylvia Linden to Rose Float Comm. Filed Comm. from Councilwoman Scotto re Apptmts. of Mrs. Eileen Holman & Mrs. Shirley Niemand to San. & Health Comm; Mrs. Evelyn Richards to Traffic Comm.; & Mrs. Mary Molander to Civil Defense & Disaster Comm. Filed Comm. from Naftali Deutsch re Hearing -Appeal, Zone Exception Case #1174, 10829-35 New St. Set for 9/9/74 Apptmt. of Mr. Alfred D'Alessandro to Health & San. Comm. Resolution #2981, Req. Members of Calif. Legislature to Repeal 8 Amend Sec. of Cal. Gvmt. Code re State Employee Retiremt. Systm. for State Legislators no longer Serving Adopted Ordinance Repealg. Sec. 4118.1 DMC re Posting Signs & Notices on Public Ppty. Introduced Resolution #2982, Awarding Contract to Improve Adoree Ave. & Other Streets Adopted - Bid Bond (AD #117) irregularity waived Resolution #2983, Ordering Street Lighting Reorganization report Adopted Resolution #2984, Decl. Int. to Dissolve County Ltg, Dist. & Annex Areas to Appropriate zones of proposed City wide Lighting District Adopted (Hrg. 9/9/74) Resolution #2985, Decl. Int. to Annex Entire City Area to City Wide Ltg. Dist. Adopted (Hrg. 9/9/74) Resolution #2986, Ordering Report (Annex. 74/2 thru 74/12) Adopted Resolution #2987, Decl. Int. to Annex. to City Ltg. Dist. (Annex. 74/2 - 74/12) Adopted (Hrg. 8/27/74) Resolution #2988, Apprvg. Apptmt. of Mrs. Margo Hoffer to Personnel Adv. Bd. Adopted Resolution #2989, Amending Classification Plan Adopted Page 1 of 2 PAGE NO. 1 2 2 2 2 2 2 2 3 3 3 4 4 4 5 5 5 5 COUNCIL MINUTES OF JULY 23, 1974 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Resolution #2990, to Adopt Multi -City Agmt..for Fire Dispatch Services Adopted 6 General Warrants #32080 - 32213, #32214 - 32302 Approved 6 CC #354, Bicycle Access Ramps, Rio San Gabriel Channel - Award of contract & appropriation of funds Approved 7 CC #350, Tennis Courts, Bellflower Blvd. - Award of contract; transfer of funds Approved 7 Tract #30909, Rio Hondo Dr. n/o Pellet - Acceptance of In Lieu fees for Park purposes & improvements completed Approved 7 Report on status of Public Works Projects, 6/30/74 Information only 8 Sidewalk Matching Fund Policy Taken under subm. to 8/27/74 8 Downey Private Contract #91, Byers St. w/o Brookshire Ave. - Accept dedication & improvements completed. Approved 8 Report on Weekly Street Sweeping Information only 8 Request for Three Additional Detectives for Downey Police Department Taken under submission 8 Report on Dispensing of Alcoholic Beverages in Downey Theatre - Comm. Center Complex Taken under subm. to 8/27/74 9 Joint Powers Agmt. for Membership in SCAG - Auth. Mayor to execute Approved 9 Judicial Challenge to Fair Labor Standards Act - Appropriate, for participate. to be forwarded to Nat'l League of Cities Approved 9 Masonry Subcontractor - Fire Station #1 Accepted 10 Judicial Challenge to Fair Labor Standands Req. for copies of all briefs Act to keep City Atty. apprised 10 Resolution #2991, Amending Memo of Undrstndg. w/Fire Assn. & Changing Salary Schedules for Battalion Chiefs Adopted 10 Increase in revenue to offset salary increases - Report & recommendation on possibility of taking over So. Calif. Edison power distribution within City Referred to City Manager 11 Page 2 of 2 r�4 pT 6A MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 23, 1974 The City Council of the City of Downey held a regular meeting at 8:00 a.m., July 23, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Joseph E. DiLoreto, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: Walter S. Temple, Donald H. Winton ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray Lake, Building Official Harald J. Henriksen, City Engineer Robert E. Griffin, Manager of Financial Systems Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Frank Peters, Chaplin, Downey Community Hospital, followed by the Flag Salute led by Police Chief Morgan. With the assistance of Councilman DiLoreto, Mayor Jennings presented Five, Ten, and Fifteen Year Awards to City Employees and extended appreciation of the City Council to the following for their service to the City: Five Year Award Roger Senstad, Community Development Department, Building & Safety Division Barbara Howard, Finance Department Cecilia Sanchez, Finance Department Rose Baumgras, Finance Department Ronald Boan, Fire Department David Hatt, Fire Department Ronald Davis, Police Department William Gough, Police Department Barry Halderman, Police Department Michael Miller, Police Department Van Saltzman, Police Department David Wright, Police Department Bette Farwell, Police Department Earl DeGrafft, Parks & Recreation Department Walter Lee, Community Development Department, Engineering Division John Clarish, Public Works Department, Physical Services Division Pat O'Brien, Police Department Ten Year Award Robert Shand, City Clerk Dennis Chelstrom, Police Department James Bergus, Public Works Department, Physical Services Division Lillian Carr, Community Development Department, Building & Safety Division Fifteen Year Award Caroline Strutz, Community Development Department, Planning Division Fred Gallagher, Fire Department Donald Bray, Police Department Don Stodard, Public Works Department, Physical Services Division Elizabeth Christensen, Finance Department Wayne Wallace, Fire Department Robert DeSio, Public Works Department, Physical Services Division Council Minutes 7/23/74 -1- Ft C" r- n With the assistance of Councilwoman Scotto, Mayor Jennings presented Five and Ten Year Awards to the following citizens for their service to the City: Mr. Gano Culwell - Ten years service on Personnel Advisory Board. Mr. Frank R. Gasdia - Five years service on Hospital Commission and Golf Course Authority. Mr. Ford Dickerhoff - Five years service on Hospital Commission and Golf Course Authority. Mayor Jennings welcomed Mr. Kenneth Miller. Mayor Jennings declared that this is the time and place for the public hearing on Weed Abatement Assessments (Lot Cleaning Program). He inquired if the City Clerk had the Affidavit of Mailing or Posting, to which the City Clerk responded in the affirmative. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the Weed Abatement Assessments (Lot Cleaning Program), and there was no response. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to close the hearing. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to affirm Weed Abatement Assessments (Lot Cleaning Program). AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to approve the Minutes of the City Council Meeting of Julv 8. 1974. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Communication from Mayor Jennings regarding Appointment of Mrs. Sylvia Linden to the Rose Float Committee. Filed. Communication from Councilwoman Scotto regarding Committee Appointments: Mrs. Eileen Holman and Mrs. Shirley Niemand to the Sanitation and Health Committee Mrs. Evelyn Richards to the Traffic Committee; and Mrs. Mary Molander to the Civil saster Committee. Filed. Councilwoman Scotto introduced Mrs. Evelyn Richards and Mrs. Eileen Holman. Communication from Downey Elks Lodge No. 2020 regarding Appreciation to the Fire Department. Filed. Communication from Naftali Deutsch requesting Hearing on Appeal, Zone 1174, 10829-35 New Street (Care Home for the Abed). Case It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to set a hearing on Appeal, Zone Exception Case No. 1174, for 7:30 p.m., September 9, 1974, in the Council Chambers of the Downey City Hall, and that the appellant be notified. Councilman DiLoreto appointed Mr. Alfred D°Alessandro to the Health d Sanitation Committee. Councilwoman Scotto introduced members of the League of Women Voters present in the audience. Council Minutes 7/23/74 -2- RESOLUTION NO. 2981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING MEMBERS OF THE CALIFORNIA LEGISLATURE TO REPEAL AND AMEND THOSE SECTIONS OF THE CALIFORNIA GOVERNMENT CODE PERTAINING TO THE STATE EMPLOYEE RETIRE- MENT SYSTEM FOR STATE LEGISLATORS WHO ARE NO LONGER SERVING DUE TO LOSS OF ELECTION OR APPORTIONMENT The Resolution was read by title only. Councilman DiLoreto commented on the recent enactment of legislation awarding large pensions to State Legislators up to age 65. He requested a copy of the Resolution be sent to all cities in the State, together with a letter from the Mayor requesting like action on their part. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2981. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTION 4118.1 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO POSTING SIGNS AND NOTICES ON PUBLIC PROPERTY The Ordinance was read by title only. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to introduce the Ordinance. City Attorney Sorensen discussed a recent Supreme Court decision and explained the purpose of this Ordinance. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AWARDING CONTRACT TO IMPROVE ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY, IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 2914 (A.D. NO. 117) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2982 and waive the bid bond irregularity. At the request of Councilwoman Scotto, City Attorney Sorensen explained the purpose for waiving the bid bond irregularity. Discussion followed regarding the difference between the City's estimate and the proposals received. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Council Minutes 7/23/74 -3- RESOLUTION NO. 2983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A STREET LIGHTING REORGANIZATION REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2983. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton The Director of Community Development rendered a report on the proposed dissolution of the Downey County Lighting District and the establishment of a City-wide Lighting District, pursuant to Resolution No. 2983. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to accept and file the written report. RESOLUTION NO. 2984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO DISSOLVE THE COUNTY LIGHTING DISTRICT AND CONCURRENTLY ANNEX ITS AREAS TO APPROPRIATE ZONES OF THE PROPOSED CITY WIDE LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHT- ING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2984. City Manager Thompson stated this will be a considerable change in the method by which the City is proceeding with the street lighting assessments --it would simplify the operations and would be more equitable in distributing the cost of street Lighting. He said this is being presented early to allow the Council sufficient time for consideration, and the entire City would have to be posted since the entire City is effected by this proposal. Discussion followed regarding the hearing date which by this Resolution would be set for September 9, 1974. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX THE ENTIRE CITY AREA TO A CITY WIDE LIGHTING DISTRICT WITH ZONES AS HEREIN DESCRIBED AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2985. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Council Minutes 7/23/74 -4- �:,a'ar.., 6r RESOLUTION NO. 2986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATIONS 74/2 THRU 74/12) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2986. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton The Director of Community Development rendered a report on the lights to be annexed into the Downey City Lighting District, pursuant to Resolution No. 2986. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to file the written report. RESOLUTION NO. 2987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 74/2 THRU 74/12) The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2987. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. MARGO HOFFER AS A MEMBER OF THE PERSONNEL ADVISORY BOARD The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2988. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CLASSIFICATION PLAN The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2989. City Manager Thompson explained in going into this Joint Fire Dispatch Communication System, the plan is to have non -uniformed communications operators, and a classification for a miscellaneous employee in this category substituting for a uniformed employee is necessary. Council Minutes 7/23/74 -5- Fire Chief Wood commented this classification plan will be identical with that of the Police Department. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO ADOPT A MULTI -CITY AGREEMENT FOR FIRE DISPATCH SERVICES The Resolution was read by title only. City Attorney Sorensen explained one of the Cities objected to some of the language contained in the agreement previously approved by the City Council, language which required that each City indemnify and hold harmless Downey from any liability imposed for injury or claim of injury appearing by reason of any- thing done or admitted to be done. He said the objection was that this would require the other Cities to indemnify Downey even though the injury or claim of injury was caused by negligence or claimed negligence of the City of Downey, and for that reason, he has modified the language to meet the objection, which says the other Cities will indemnify Downey except for injury or claim of injury im- posed by reason of negligent acts of Downey officers or employees. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 2990. Referring to Page 2 of the Agreement which deals with the pro rata percentage assessed against the various cities, Councilman DiLoreto inquired if the popula- tion figures were correct. Fire Chief Wood replied the figures were provided by the Finance Departments of each City. He explained further that the assessments will change as of next July 1st when the population figures change. Discussion followed regarding estimated and actual costs of the program and the acquisition costs of equipment. Mayor Jennings questioned the pro rata share of the Cities in the event some Cities withdrew from the agreement after one year in operation. Mayor Jennings declared a recess at 9:08 a.m. The meeting resumed at 9:16 a.m. with Councilmen DiLoreto, Scotto, Jennings present; Councilmen Temple, Winton absent. Chief Wood reported in the original proposal, it was indicated that $50,000 worth of equipment was expected to be needed, and Downey's portion of this was budgeted at $10,000, with the remainder being funded by the joint powers pact as the other Cities come into the agreement. He recommended that Downey not make any expenditures of the $10,000 until all of the Cities come in, and then after all the Cities enter into the agreement, it will be necessary to expend $50,000. Further discussion ensued. Roll call vote: AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Mayor Jennings commended Chief Wood in his negotiations with the neighboring Cities trying to put this package together. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to approve General Warrants #32080 - 32213, $460,176.57, and #32214 - 32302, $254 685.95. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Council Minutes 7/23/74 -6- Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and passed by the following vote to award Cash Contract #354, Bicycle Access Ramps, Rio San Gabriel Channel, in the amount of $12,843 to G & G Equipment Company of Covina, the lowest and best bidder; to reject all other bids; and approve the following appropriation of funds: Amount From To $15,000 Fund 40 Fund Balance A/C #13917 Councilwoman Scotto inquired about the difference between the appropriated amount and the actual cost. Community Development Director Spindel,stated part; of the appropriation is for engineering, and if the amount is not spent, it will go back into the Fund Balance of the General Fund. He commented on the bid as compared to the Engineer's estimate. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and passed by the following vote to award Cash Contract #350, Tennis Courts, Bellflower Boulevard, in the amount of the unit prices bid, to ARTOMCO Construction Corporation of Downey, the lowest and best bidder; to reject all other bids; and approve the following transfer of funds: Amount From To $19,500 Fund 40 Fund Balance A/C #40-17008 City Manager Thompson commented there are modifications that can be made in the fencing and plumbing, which would result in approximately $7,000 reduction in costs. - City Attorney Sorensen advised there is no way to award a contract on the modification of plans; that if the Council wants to award on that basis, it would have to reject these bids and call for new ones. He said in the specifications the City does reserve the right to make such change orders as it may determine, but the effective savings which may be accomplished, or the effective addition, is determinable either by the City and the Contractor in accordance with either a formula set up and specifications of the contract, or as mutually agreed upon. Community Development Director Spindel stated the contractor is agreeable to the change orders. Mr. Sorensen further advised he does not believe the City can get a commitment ahead of time from the contractor because in effect it would be changing the call for bids. Mayor Jennings raised the question of using asphalt for paving the tennis courts. Parks & Recreation Director Ruth explained the asphalt is a different process and is acceptable and being used throughout the State. Also, he said, it is more economical than concrete. Discussion followed regarding the total cost for the tennis courts, including lighting and nets estimated at $150,000, plus the cost of the land. Roll call vote: AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to accept the In Lieu fees for park purposes and the improvements completed in Tract No. 30909 Rio Hondo Drive North of Pellet Street. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Council Minutes 7/23/74 -7- Report on Status of Public Works Projects, June 30 1974. Presented for information. City Manager Thompson stated pursuant to Council direction, a proposed Policy regarding Sidewalk Matching Funds is being presented for consideration. He said the major items of concern were how to treat properties used for residential pur- poses and zoned for some other use, and how to treat a two-family residence where owner -occupied since it is not R-1. He indicated the proposal has considered where the person lives is his home, regardless of what the zoning is, and if owner - occupied, it would be considered, or if zoned R-1, these would be eligible for matching funds. Secondly, he said, the same principal would apply if it is a duplex, but it would be eligible for 25 percent matching funds. Mayor Jennings mentioned he would like to have Councilman Temple present when this matter is considered because of his interest in Sidewalk Matching Funds. The matter was taken under submission to August 27, 1974. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and passed by the following vote to accept dedication and improvements completed under Downey Private Contract No. 91, Byers Street west of Brookshire Avenue. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Report on Weekly Street Sweeping. Presented for information. Councilman DiLoreto inquired about the purchase of a new type of vacuum sweeper. Community Development Director Spindel advised this matter is still being studied as to whether the purchase would be warranted, inasmuch as they are very expensive, and the bid on the conventional -type sweeper now used by the City has increased over what it used to be. He said even though indications are that the cost for a new vacuum sweeper is more expensive, maybe over a ten year period the annual cost would be equal because of greater time life on amortization and also less maintenance. Mr. Spindel answered questions and explained the difference between street sweeping once -a -week and bi-weekly is not that great. Discussion followed regarding restricting parking during street sweeping hours throughout the City. Mayor Jennings read a letter from Mr. and Mrs. Schumaker pertaining to the lack of street sweeping in front of their home due to parked vehicles. Mayor Jennings mentioned his request made at a previous meeting for the cost to revive weekly street sweeping. He said one method to improve street sweeping is to appropriate enough money for posting signs and a gutter flushing truck. Request for Three Additional Detectives for Downey Police Department Mayor Jennings indicated due to the pending programs in the Police Department, which will bring more policemen in, this matter should be taken under submission until it is known exactly what the manpower situation will be after these programs are approved. City Manager Thompson explained there are two programs pending: One for a Police Planning Grant, and the other is a Diversion Program. He said each program would take approximately one person from the City's existing force which would be replaced. Discussion followed regarding the comparisons used in the report. Mr. Thompson mentioned the Gonzalves Bill, which was passed without the City's knowledge, provided the County of Los Angeles, in contracting its police services, could not charge certain overhead items to the contract cities. He said that means independent cities, such as Downey, have to pay the County for these costs along with the rest of the cities. The matter was taken under submission. Council Minutes 7/23/74 -8- Referring to the Report on Dispensing of Alcoholic Beverages in the Downey Theatre - Community Center Complex, Mayor Jennings indicated he had requested the ordinance pertain only to champagne or champagne punch. Parks & Recreation Director Ruth said if approved, the ordinance would be changed to the Council's direction. The matter was taken under submission to August 27, 1974. CITY MANAGER'S REPORT City Manager Thompson presented a Joint Powers Agreement for Membership in the Southern California Association of Governments (SCAG), and said the $1,207 membership dues were approved by the City Council in the 1974-75 Budget. He indi- cated the general provisions as submitted in his report require the naming of a City representative from the City Council and an alternate member to SCAG, and the membership can be dropped by not paying the dues or by a 30-day notice of such intent. Mr. Thompson requested the Council to authorize the signing of the formal agreement. Mayor Jennings appointed himself, as Mayor, as the official representative to SCAG and Mayor Pro Tem DiLoreto as the alternate to the General Assembly. The City Manager was requested to forward these names to the Executive Director of SCAG. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and passed by the following vote to authorize the Mayor to execute the Joint Powers Agreement for Membership in SCAG. Councilman DiLoreto commented on the cities that are not members of SCAG because they did not get the kind of representation needed. He warned against the possibility of a new level of government coming into being that would possibly give SCAG the powers of taxation brought about by legislative action. City Attorney Sorensen informed the Council that his law firm represents SCAG. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Mr. Thompson discussed a Judicial Challenge to the Fair Labor Standards Act, which has been brought about by the passage of new amendments, bringing municipalities and municipal employees under provisions of the Act. He said there is concern that the Federal Government is now dictating the conditions of employment and all other matters relative to municipal employment. Mr. Thompson stated as a result of this and the concern expressed, several States, as well as the National League of Cities, have indicated their intent to further pursue entering into or making some kind of judicial challenge to certain aspects of the Act as it would apply to municipal governments. He recommended the City Council authorize participation in such a challenge through the National League of Cities and authorize the expenditure of $200 which would constitute Downey's payment as part of the challenge. City Attorney Sorensen commented on his conversations with the League of California Cities and also NIMLO relative to the whole problem surrounding the Fair Labor Standards Act and municipalities. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to appropriate $200 for participation in the Judicial Challenge - Fair Labor Standards Act, to be forwarded to the National League of Cities. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Mr. Thompson stated at the last City Council meeting he was authorized to approve the Masonry Subcontractor for Fire Station No. 1 and report back to the Council. He said the prime contractor, Mr. Leonard Bouas, has selected Bernhard Masonry of Anaheim as the new masonry contractor, and he requested Council concurrence. Council Minutes 7/23/74 -9- It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to accept Bernhard Masonry of Anaheim as the Masonry Subcontractor for Fire Station No. 1. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton Councilman DiLoreto requested that the National League of Cities and its attorneys supply Downey with opening, response, and closing briefs in the Judicial Challenge to the Fair Labor Standards Act, so that the City Attorney will be apprised of the status as this matter progresses. Mr. Thompson commented on meetings with the Firemen's Association and the Memorandum of Understanding concerning the re -opener provided in the existing agreement, which is effective through the fiscal year 1975-76. He said the agree- ment provides for a re -opener in the event the cost of living exceeds 150 percent of the previous increase for 1973-74, and the cost of living well exceeded that figure. Mr. Thompson discussed the provisions contained in the agreement and stated he considers this a fair agreement. He requested Council approval and adoption of the proposed Resolution. Mayor Jennings suggested as a part of this Resolution that the contract be re -written for the next year to more properly define what opens the contract and what does not. Discussion followed. RESOLUTION NO. 2991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PRESENT MEMORANDUM OF UNDERSTANDING WITH THE FIRE ASSOCIATION AND CHANGING THE SALARY SCHEDULES OF THE BATTALION CHIEFS The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and so ordered to waive further reading. Discussion ensued regarding the effective date of the agreement. It was moved by Councilwoman Scotto, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 2991. AYES: 3 Councilmen: DiLoreto, Scotto, Jennings ABSENT: 2 Councilmen: Temple, Winton ORAL COMMUNICATIONS Councilwoman Scotto inquired about the current status of the Bike Route System. Community Development Director Spindel advised approximately 75 maps have been turned in, and the Bike Committee is still conducting meetings. Councilwoman Scotto inquired about the Elk's proposal for an Ecology Program. City Manager Thompson replied he does not have anything to report at this time, however, he has conversed with the owner of Calsan, who is agreeable to a meeting on this matter. Councilwoman Scotto asked for a reply to her inquiry regarding Senior Citizens Taxi Service. Mr. Thompson stated he has requested a letter on the details, however, he has not received a response. Councilwoman Scotto reported on meetings with Assemblyman Gonzalves and all of the Transit Districts in Los Angeles County in an attempt to get some of the funds from the one percent Sales Tax on the November Ballot back into the Cities to be used for local circulation, transportation, and feed into the inter -cities services. Council Minutes 7/23/74 -10- Councilwoman Scotto inquired about the Removal of Discarded Furniture. Mr. Spindel said a ten-day notice is required prior to removal by the City. Councilwoman Scotto also commented on Trash adjacent to the Freeway Fences. Mr. Spindel stated he has written to the State regarding this problem. Mayor Jennings called for an Increase in Revenue to offset the 8-1/4 percent salary increases to Firemen plus other appropriations made during the year. He said a new form of revenue is needed so as to avoid the future possibility of raising City taxes. He requested the City Manager to prepare a preliminary report and to recommend a consulting firm to advise the Council on the possibility of taking over Southern California Edison power distribution within the City as a revenue producer. He said the program would be similar to what was done in Anaheim last fall. There being no further business to come before the 'City Council, the meeting was adjourned at 10:36 a.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 7/23/74 -11- Richard M. Jennings, DVr