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Home My WebLink AboutMinutes-03-26-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 26, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT• ACTION: Service awards to citizens Ordinance #453, Adopting Uniform Fire Code Adopted Minutes, March 11, 1974 Approved Legal Claims (for Council action) Ref. 4148, V.M. Lee Ref. #154, D.A. Kelland Ref, #155, D.K. Kelland Ref. #156, S.E. Kelland Ref. #158, M.T. Pestello Ref, #159, M.G. Meador Ref. #160, M.M. Howell Accepted Ref. #146, T. Nieves Ref. #149, Hertz Corp. Ref. #152, H.S./M. Cave Ref. #153, J. Steward Denied Ordinance #454 (Emergency), Declaring Moratorium on Issuance of Bldg. Permits for Const. of Bldgs. within cert. portions of R-1 Zone in City Adopted Ordinance #455, Amending DMC re Illegal Prkg. Adopted Resolution #2918, Auth. Filing of Local Transp. Fund Claim. with SCAG for Imprvmt. of Bicycle Facilities Adopted Resolution #2919, Ordering Canvass of Gen. Mun. Election of 9th day of Apr. 1974 to be Made by City Clerk Adopted Resolution #2920, Supporting Helpline Youth Counseling Adopted Resolution #2921, Endorsing Concepts of Unified Transp. Assistnc. Act & Urging Congress to amend Proposed Act to Clarify Intent & Provide for fair & equitable distribution of funds Adopted Resolution #2922, Endorsing Proposition W Adopted General Warrants #30054 - 30195 #30196 - 30296 Approved CC #340, Second St., WileyBurke to Rives - Award of contract Approved CC #348, Cleta St. Relief Sewer - Award of contract, subj. to deposit of Coca Cola; waive bond irregularity; transfer of funds Approved CC #SS-299, WileyBurke-Florence to Lubec; Guatemala-Dinsdale to Lubec - Award of contract; waive bond irregularity Approved CC #SS-255, Dolan Ave., Davis St. to SPRR; DIP #653A & B - Auth. initiation of voluntary Chapter 27, trans. of funds; auth. to adv. Approved CC #SS-278, Alameda St. - Acceptance of improvements Approved Sidewalk Matching Funds, various locations Approved PAGE NO. 1 2 2 2 2 3 3 3 4 4 4 4 5 5 5 5 5 5 5 Page 1 of 2 COUNCIL MINUTES, MARCH 26, 1974 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: DIP #643A & B, Susan St. bet. Via Amorita & Irwingrove - Auth. Dept. Comm. Dev. to initiate Chapter 27 & paveout match. funds Approved DIP #636, Koopman & Pivot - Establish amounts for future if access onto Pivot Approved Seismic Safety & Noise Elements of the General Plan - Auth. solicitation of proposals from consultants Approved Request for Bldg. Permit for Apartments, 11718 Coldbrook Ave. Approved Agreement for Acquis. of Property @ 12354 Bellflower Bldg. - Auth. Mayor to sign; appropriation of funds Approved Pro Shop Agmt. @ Downey Rio Hondo Golf Course - Auth. City Manager to go out for bids, incl. driving range Approved Utility Users Tax Preliminary report Gasoline Marketing Plan - Applications for "C" stickers in Police Department Information only Municipal Court, Downey Judicial District - Auth. letter to County Bd. Supervisors & designate Cn. DiLoreto as committee to follow up Approved PAGE NO. 6 7 7 8 8 8 8 9 t Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 26, 1974 The City Council of the City of Downey held a regular meeting at 8:00 a.m., March 26, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Thomas H. Morton, Richard M. Jennings ABSENT: Councilmen: Joseph E. DiLoreto (arrived at 8:04 a.m.) Donald H. Winton (arrived at 8:05 a.m.) ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance William A. Coggin, City Planner Ray Lake, Building Official Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Lyle H. Wilkenson, Battalian Chief, Fire Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Kenneth E. Peterson, Christ Lutheran Church, followed by the Flag Salute led by Fire Chief Edwin Wood. With the assistance of Councilman Thomas Morton, Mayor Richard Jennings pre- sented Service Awards to the following citizens for their services to the City: Mrs. Leona Aldridge, 15 years - Park d Recreation Commission, Sanitation Committee and Sister City Committee Mrs. Lillian Goldstein, 10 years - Sister City Committee Mr. Morton D. Saltman, 5 years - Tax Study and Legislative Study Committee Mr. Marion Arnold, 10 years - Civil Disaster Committee Councilman Joseph DiLoreto arrived at the meeting at 8:04 a.m. Councilman Donald Winton arrived at the meeting at 8:05 a.m. Councilman Thomas Morton expressed his appreciation to both Mrs. Goldstein and Mrs. Aldridge from his district and complimented them for having served the community for many years. He commented on some of their achievements during the years and further expressed his appreciation to them for their support. Mayor Richard Jennings declared that this is the time and place for the public hearing on Proposed Ordinance Adopting the Uniform Fire Code. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Thomas Morton, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections against the Ordinance, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the proposed Ordinance, and there was no response. He inquired if there was anyone present who wished to speak in favor of any modifications of the Fire Code as presented, and there was no response. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to close the hearing. Council Minutes 3/26/74 -1- �rf-,-7E ORDINANCE NO. 453 ' o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 3300 THROUGH 3394.4 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 3300 THROUGH 3331 ADOPTING THE UNIFORM FIRE CODE, 1973 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION AND PROVIDING FOR ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE The Ordinance 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 Ordinance No. 453. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of March 11, 1974. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Communication from Chubb/Pacific Indemnity Group regarding Personal Injury Liability. Ordered filed. Communication from Public Utilities Commission regarding Elimination of Grade Crossings. Ordered filed. Communication from Public Utilities Commission regarding Application of Greyhound Lines, Inc., for Increase in Interline Express Rates and Intrastate Passenger Fares. Ordered filed. Mayor Richard Jennings noted it has been the Council's policy to write in opposition to any increases in public utilities. Communication from Public Utilities Commission regarding Application of General Telephone Company for Authority to Increase Rates, Telephone Answering Service. Ordered filed. Communication from Mr. and Mrs. Gibson regarding Appreciation to Fire Department. Ordered filed. Communication from Automobile Club of Southern California regarding Appreciation to Fire Department. Ordered filed. LEGAL CLAIMS (for Council action) Ref. #148, Violet M. Lee Ref. #154, Dellene Ann Kelland Ref. #155, David K. Kelland Ref. #156, Susan E. Kelland Ref. #158, Mabel T. Pestello Ref. #159, Malcolm G. Meador Ref. #160, Morris M. Howell City Attorney Royal Sorensen advised that the claim can be acted on indi- vidually or all at once. He said according to the insurance carrier, acceptance of a claim is not treated as an approval or allowance but is simply accepted for negotiation purposes. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to accept the Legal claims of Violet M. Lee, Dellene Ann Kelland, David K. Kelland, Susan E. Kelland, Mabel T. Pestello, Malcolm G. Meador, and Morris M. Howell. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Ref. #146, Thomas Nieves Ref. #152, Homer Sam Cave/Marion Cave Ref. #149, The Hertz Corp. Ref. #153, Joan Steward It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to deny the legal claims of Thomas Nieves, The Hertz Corp., Homer Sam Cave/Marion Cave, and Joan Steward. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Council Minutes 3/26/74 -2- !(",^ P "aw��a ORDINANCE NO. 454 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF BUILDINGS WITHIN CERTAIN PORTIONS OF THE R-1 ZONE IN THE CITY OF DOWNEY The Ordinance was read in its entirety by the City Clerk. It was moved by Councilman Walter Temple and seconded by Councilman Donald Winton to adopt Ordinance No. 454. City Planner William Goggin explained the description contained in the Ordinance is the description of an area to be studied. He said the entire tract is covered in the general description which gives the Council and the Planning Commission the right to study an area larger than just that land involved and would also give the people in the tract who have the same zoning configuration, but less square footage of property, the right to be included in the rezoning if they wish. Discussion followed. Mayor Richard Jennings said due to the scarcity of land, it is his opinion this property should not be zoned to a right 7500 square feet but should be zoned to accept a development based on design concept or excellence of design. He indicated he would be in favor of the interim emergency ordinance for four months only, but not to be extended, and if a design is submitted that the Planning Department or Planning Commission think is a good design, it should pre- vail at the end of the four months rather than a rigid 7500 square feet. Roll call vote: AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings City Attorney Royal Sorensen advised the ordinance cannot be extended without Council action. ORDINANCE NO. 455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING SECTION 3178 AND REPEALING SECTION 3153(b) OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO ILLEGAL PARKING The Ordinance 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 Ordinance No. 455. Councilman Joseph DiLoreto inquired regarding the highways involved. Community Development Director Ervin Spindel said the highways will be established by resolution. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE FILING OF A LOCAL TRANSPORTATION FUND CLAIM WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) FOR THE IMPROVEMENT OF BICYCLE FACILITIES The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt Resolution No. 2918. Council Minutes 3/26/74 -3- Councilman Temple requested a memo from the City Manager to the Council re- garding bicycle routes, including a study of the possibility of using railroad right-of-way as a secondary bicycle route connecting to the river with other streets from residential areas to the north and south, which in turn would connect to the County bicycle path. He asked that the report be brought back to the Council prior to budget review so that the Council can consider whether or not it wishes to continue into a program of this nature. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 9th DAY OF APRIL, 1974, TO BE MADE BY THE CITY CLERK OF THE CITY OF DOWNEY 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. 2919. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING HELPLINE YOUTH COUNSELING The Resolution was read by title only. City Manager Charles Thompson informed the Council that a revised resolution has been submitted, which is the correct one. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Thomas Morton, seconded by Councilman Walter Temple, and passed by the following vote to adopt the revised Resolution No. 2920. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING CERTAIN BASIC CONCEPTS EMBODIED IN THE UNIFIED TRANSPORTATION ASSISTANCE ACT NOW BEING CONSIDERED BY CONGRESS AND URGING CONGRESS TO AMEND THE PROPOSED ACT TO CLARIFY INTENT AND PROVIDE FOR A FAIR AND EQUITABLE DISTRIBUTION OF FUNDS 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. 2921. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING PROPOSITION W The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to adopt Resolution No. 2922. Council Minutes 3/26/74 -4- Mayor Richard Jennings asked why a revenue bond issue has to go to the voters. City Attorney Royal Sorensen replied it requires the majority vote. He stated revenue bonds are payable solely out of revenue, and the only obligation of the issuing agency is that it take the steps necessary to provide rates; that if it has to make certain deposits ahead of time according to the bond covenant, there is no obligation for general tax levy if there is a failure of revenue to serve the bond debt. Mr. Sorensen indicated the law requires that it go out to vote, and it re- quires the majority vote. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve General Warrants #30054 - 30195 $453,198.67, and #30196 - 30296 $99 977.72. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Following a summation of bids, it was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract #340, Second Street - Wiley -Burke Avenue to Rives Avenue, in the amount of the unit prices bid, to Sully -Miller Contracting Company of Long Beach, the lowest and best bidder, and reject all other bids. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSTAIN: 1 Councilmen: Temple (Employer Corporate Relationship) Following a summation of bids, it was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract #348 Cleta Street Relief Sewer, in the amount of the unit prices bid to Munoz & Sons of East Los Angeles, the Lowest and best bidder, reject all other bids, subject to deposit by Coca Cola Bottling Company covering their share of the cost; waive the bid bond irregularity; and approve the following transfer of funds: Amount From To $4,000 Sewer Connection A/C #72-13895 Fund Balance (Fund 72) AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Following a summation of bids, it was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to award Cash Contract#SS-299, Wiley -Burke Avenue - Florence to Lubec: Guatemala Avenue - Dinsdale to Lubec, in the amount of the unit prices bid, to John W. Tiedemann Company of Whittier, the lowest and best bidder, reject all other bids, and waive the bid bond irregularity. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize initiation of voluntary Chapter 27 Proceedings with a waiver of the 30 and 60-day notice requirements on Cash Contract #SS-255, Dolan Avenue, Davis Street to SPRR: Downey Improvement Proiect No. 653 A and B; authorize the following transfer of funds; and grant authority to advertise for bids. Amount From To $8,000 General Fund Balance A/C #7115004 AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements completed in conjunc- tion with Cash Contract #SS-278 Alameda Street, and accept the responsibility for maintenance thereof. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton to approve Sidewalk Matching Funds. Councilman Walter Temple inquired if the two properties on Stewart & Gray Road would be eligible for sidewalk matching funds if the zoning ordinance had previously been adopted. He said these properties will be zoned for apartments. Council Minutes 3/26/74 -5- City Planner William Goggin said he would have to check on this. Councilman Winton agreed with Councilman Temple and said some strength is needed with regard to commercial receiving the benefits of these particular funds. Councilman Temple indicated he feels strongly that the Council should follow its adopted policy. Discussion followed. The motion was seconded by Councilman Thomas Morton and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 254 7930 Stewart & Gray Road $ 98.00 255 7936 Stewart & Gray Road 107.00 256 7435 Stewart & Gray Road 145.00 257 7441 Stewart & Gray Road 105.00 258 12701 Barlin Avenue 175.00 259 8229 & 8231 Gardendale Street 165.00 260 7939 Quill Drive 110.00 261 8259 Stewart & Gray Road 108.00 262 11937 Orizaba Avenue 101.00 263 7702 Arnett Street 478.00 264 9662 Telegraph Road 463.00 265 9322 Tweedy Lane 195.00 Total Estimated City Cost $2,250.00 AYES: 4 Councilmen; DiLoreto, Winton, Morton, Jennings NOES: 1 Councilmen: Temple Downey Improvement Project Nos. 643A and 643B, Susan Street between Via Amorita and Irwingrove Drive Community Development Director Ervin Spindel noted the amount of the City's contribution of the matching funds to be approved should be corrected from $3300 to $720 total, or $360 each. It was so noted. Councilman Walter Temple referred to a response received from one of the property owners indicating the cost would be a financial burden even if prorated over ten years, and he inquired as to the amount involved. Mr. Spindel replied the amount for one site is $1190, and the other is $1370. He reported on the improvements involved and mentioned there will be a public hearing on this matter before any work is ordered, however, requests have been received from other citizens to initiate these proceedings. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Community Development to initiate Chapter 27 Proceedings and approve paveout matching funds in the amount of $360 each for Downey Improvement Project Nos. 643A and 643B, Susan Street between Via Amorita and Irwingrove Drive. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Downey Improvement Project No. 636, Koopman Avenue and Pivot Street Mr. Dick Raabe, 8117 Phlox Street, requested permission to address the City Council and present information pertinent to this matter. The City Attorney advised the Mayor if the information is not offered either for or against or as an objection, but is offered simply as information to assist the Council, then it would be appropriate. Using the blackboard, Mr. Raabe drew a sketch of the area involved. He commented on the paving of Pivot Street prior to the City's incorporation and stated the City did not maintain Pivot Street after it was dedicated. Mr. Raabe said through an error in engineering the City raised the elevation of Phlox Street at the Koopman Avenue intersection, blocking the normal flow of water. He indica- ted he cannot see why the citizens should have to pay for this error --it should be taken care of out of the general fund. Mr. Raabe mentioned he has researched this matter back to 1924. Council Minutes 3/26/74 -6- Mayor Jennings cautioned that Mr. Raabe did not abide by the advice rendered by the City Attorney. Also, he said, Mr. Raabe should have presented his infor- mation at the time of the hearing. Mr. Raabe said he did not want to become involved with the "street department" at that time, and if the matter is investigated, the Council will find that a bad mistake was made. Councilman Donald Winton commented the Council was told no pavement existed, yet research back to 1924 indicates pavement did exist. Community Development Director Ervin Spindel mentioned no records could be found previous to incorporation wherein the County had accepted paving on the street in question. He said the grade on Phlox Street was not a mistake --it was absolutely necessary in order to provide proper drainage on the Phlox Street improvement because of the flat grade and the need to keep water from standing on private property. Discussion followed. It was moved by Mayor Richard Jennings, seconded by Councilman Thomas Morton, and passed by the following vote to approve the following amounts to be paid in the future if access is taken from Pivot Street on Downey Improvement Project No. 636, Koopman Avenue and Pivot Street. Site #2 - 8107 Phlox Street (Rechin) Construction Engineering & Administration (25%) Total Site #3 - 8113 Phlox Street (Wellman) Construction Engineering & Administration (25%) Total Site #4 - 8117 Phlox Street (Raabe) Construction Engineering & Administration (25%) Total Site #5 - 8121 Phlox Street (Parks) Construction Engineering & Administration (25%) Total $ 711.12 177.78 $ 888.90 plus interest $ 711.12 177.78 $ 888.90 plus interest $ 552.52 138.13 $ 690.65 plus interest $ 415.60 103.90 $ 519.50 plus interest AYES: 3 Councilmen: Winton, Morton, Jennings NOES: 2 Councilmen: Temple, DiLoreto It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize solicitation of proposals from consultants for preparation of the Seismic Safety and Noise Elements of the General Plan. Councilman Temple inquired if this will result in the noise ordinance for the General Plan, and the City Manager replied yes. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Request for Building Permit in conformance with Interim Ordinance No. 440 for Stage Construction of Apartments to be located at 11718 Coldbrook Avenue City Planner William Goggin stated the concerns of the Planning Division have been remedied. He said the applicant came back with plans defining the recreational area, which will be screened off by a wall and which meets all of the requirements of the Apartment House Committee's report, including off-street visitor parking. Council Minutes 3/26/74 -7- Councilman Joseph DiLoreto pointed out when the Apartment House Survey Committee filed its report, it not only stated there should be areas designated for visitor parking but the area should be posted for that purpose. He said when per- mits are issued, a provision should be made that the parking space actually be posted for that use. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the Request for Building Permit for stage construction of apartments to be located at 11718 Coldbrook Avenue, in conformance with the requirements of the Apartment House Committee and approved plot plan, as recommended by the City Planner. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the Agreement for Acquisition of Property at 12354 Bellflower Boulevard, authorize the Mayor to sign, and approve the appropriation of $170,000 from Fund 40 - Capital Projects Fund, and $3600 from the Water Fund, Fund 51 - Fixed Assets. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings CITY MANAGER'S REPORT City Manager Charles Thompson reported a letter has been received from Mr. Laning Andrews that he is moving from the City and is desirous to terminate the Pro Shop Agreement at the Downey Rio Hondo Golf Course. He requested authoriza- tion from the City Council to go out for bids for the pro shop agreement, including combining the pro shop and the driving range operations. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the City Manager to go out for bids for the Pro Shop Agreement at the Downey Rio Hondo Golf Course. Mayor Richard Jennings requested the Golf Course Committee be included in any decisions that are made. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Mr. Thompson gave a preliminary report on questions raised regarding the Utility Users Tax levy as to reducing the levy to four percent or fixing the rate at a given time on the utility rates as existing at that prior time. He said all of the utility companies have been contacted, with replies being re- ceived from all but one, and all replies were unanimous in stating they do not believe it would be practical to fix the existing rate at the utility rates of a prior date. Mr. Thompson indicated, however, it would be a relatively simple matter to reduce the rate or fix it at any given percentage provided the reduction, increase, or change was not made retroactively. Mr. Thompson said a review of the Utility Users Tax since its inception shows the tax has increased at an average of about 8.9 percent per year to date, however, this has been largely offset by the inflationary trends which have averaged budget -wise about 7.3 percent. He noted the Utility Users Tax provides a little less than 17 percent of the total of the general operating fund budget revenues. Mr. Thompson mentioned all utilities have not increased at the same rate. He remarked: budget studies are in progress, which include revenue pro- jections and studies of trends and each particular aspect of the Sales Tax, and preliminary figures are available. However, he said, he would like to wait until the first quarter figures are available in April before making any further judgment on this. Councilman Thomas Morton inquired if any requests have been received from employee groups to re -open contracts. - Mr. Thompson replied yes. He said all of the employee contracts are mid -year contracts provided to be re -opened as to salary only if the cost of living exceeded 150 percent of the increases given. He said inasmuch as it appears the cost of living has increased more than 150 percent, the Downey City Employees' Association has made a request to re -open in that regard, and as soon as he receives verifi- cation of the official figures, he will be meeting with them. Councilman Donald Winton expressed his views regarding the Utility Users Tax, pointing out the tax constitutes only 17 percent of the City's total budget. He said the tax may help to provide for some inflation felt relative to employees' Council Minutes 3/26/74 -8- contracts and things of this nature and also providing a minimum cushion which he feels the City should have. Councilman Winton stated he thinks the tax as it is set is a just tax, it is equitable, and he is in favor of retaining it just like it is. Mayor Richard Jennings commented on the excellent report of the City Manager. ORAL COMMUNICATIONS For information purposes, Police Chief Loren Morgan reported the Police Department now has the applications for "C" identification stickers on the Gasoline Marketing Plan, and the vehicles involved must be required for business or commercial purposes to conduct a business, profession, trade, or legally established organization, and must be driven an average of 100 miles or more per day to conduct the business trade activities. Councilman Joseph DiLoreto noted the lake on the north side of Wilderness Park has plant life growing through the sealant. Councilman DiLoreto expressed his concern regarding the future of the Municipal Court located in the City of Downey. He said it is his understanding there is presently a movement under way by the City of Bell Gardens to dedicate a certain portion of its land to the County in exchange for the creation of a new court house to be located in the City of Bell Gardens. Councilman DiLoreto mentioned the City of Downey has enjoyed the benefits of having the Court within its geological confines since Downey is the largest City served by the Downey Judicial District. He stated if the Court were moved to Bell Gardens it would create an additional financial hardship on the City of Downey with respect to police time and time necessary to travel from the City of Downey to the City of Bell Gardens, and the citizens of Downey who have traditionally been served by the Court would have to journey to a different city in order to conduct their business. Councilman DiLoreto requested approval of the City Council that a letter be directed and drafted by the Mayor to the County Board of Supervisors reiterating and encouraging them to maintain the Court in its present location upon the basis of the points he has brought forth. It was moved by Councilman Thomas Morton and seconded by Councilman Walter Temple that an appropriate letter be sent to the County Board of Supervisors and in addition to designate Councilman DiLoreto as a committee of one to represent the thinking and feeling of the City Council in this regard and maintain follow up on the matter. Councilman Donald Winton recommended consideration be given to additional parking. City Manager Charles Thompson said the County had made a decision and was looking in terms of the possibility of purchasing a lot for parking, however, that may have been suspended in view of Councilman DiLoreto's comments. He said he thinks it is appropriate that the City be working in this regard and perhaps looking into something in connection with its own civic center area development. There being no objections, the motion was so ordered. Councilman Donald Winton reminded the City Council of his request to be excused from the next Council meeting of April 8, 1974. Speaking to City Clerk Robert Shand, Councilman Thomas Morton commended him for accepting the responsibility of the error made in the Candidate's Statement of Qualification Mailout for the General Municipal Election to be held April 9th. He said he is impressed that Mr. Shand took the responsibility on his own shoulders and did not attempt to defend it on the basis of a typographical error of a secre- tary or somebody else in his office. Councilman Morton commented it takes a man of character and stature to admit his mistakes and accept the responsibility. Mayor Richard Jennings expressed his appreciation to Councilman Morton for his remarks because Mr. Shand has been in a rather beleaguered position. Mayor Jennings commented he has served on the City Council for almost four years and has helped to make decisions regarding Assessment Districts. He said he would like to think this Council in each assessment district decision tries to make a decision which is for the good of the people in general for the City of Downey. There being no further business to come before the City Council, the meeting was adj'o G;//fhe rued at 9:25 a.m. Robert and, City CLe 1c-Treasurer 4rd AM' enni g , MayorAr Council Minutes 3/26/74 -9-