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HomeMy WebLinkAboutMinutes-05-28-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 281 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Presentation to employees for completing Management Development Institute Course 1 Employee of the Year Awards 1 Request for Library Expansion by member of Library Advisory Board 1 Budget for Fiscal Year 1974-75 Hearing continued to 6/5/74 4 Increase in Room Rates and Salary Schedules for Downey Community Hospital Approved 4 Authorize City Manager to coordinate with Hospital Administrator re new parameters Approved 4 Amendment to Zoning Ordinance - Rl-8500 Single Family Residence Hearing set for 6/10/74 5 Zone Change Case IP122 (All of Tr #20921 E/o Brookshire & including 8572 Cherokee) Hearing set for 6/10/74 4 Proposed Rapid Transit Plan Councilwoman Scotto and City Manager directed to attend scheduled hearing 5 Comm. from Mayor Jennings re Appointment of Mr. Richard Bowen to Civil Defense Advisory Committee Ordered filed 5 Legal Claims (for information only) Ref. #173, John Miller Jr. Ref. #174, John Miller Sr. Ref. #175, Dorssie Miller Ref. #176, John David Miller No action 5 Legal Claims (for Council action) Ref. #166, State Farm Insurance Accepted Ref. #170, Thomas L. Salmons Rejected Ref, #171, Patricia E. Train Rejected 6 Ordinance #460, Amending DMC re Building Code to Define Term "Condominium" & to assign it Occupancy Classification Adopted 6 Ordinance #461, Amending & Adding Secs. to DMC re Subdivision & Condominium Projects & Amend Sec. 9127 re Parking Requirements Adopted 6 Resolution Amending Leave Policy Taken under submission 6 Resolution #2950, Amending Personnel Manual fe Pay for Board of Building Appeals Adopted 7 General Warrants #31196 - 31263 #31264 - 31419 Approved 7 CC #353, Annual Miscellaneous Sidewalk Const. - Specs & authority to advertise Approved 7 CC #354, Bicycle Ramps, Rio San Gabriel Channel - Plans, specs & authority to advertise Approved 7 Page 1 of 2 COUNCIL MINUTES MAY 28, 1974 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. CC #345, Misc. Repairs - Award of contract Approved 7 CC #340, Second St., Wiley Burke Ave. to Rives Ave. - Acceptance of improvements Approved 7 CC #SS-299, Wiley Burke Ave. - Florence to Lubec; Guatemala Ave. - Dinsdale to Lubec - Acceptance of improvements Approved 7 Railroad Safety Gates, Firestone at Old River School Rd. - Agreement with Southern Pacific Transportation Co. Approved 8 Sidewalk Matching Funds, various locations Approved 8 Sidewalk Matching Funds, M.F. dk286,287,288 Denied 8 DIP #655, N/s Cheyenne bet. 1st Alley E/o Paramount & Brock - Auth. Chapter 27 Approved 8 DIP #656, S/s Adwen bet. Old River School & Julius - Auth. Chapter 27 & Sidewalk Matching Funds Approved 8 DIP #657, S/s Adwen bet. Julius & Rives - Auth. Chapter 27 Approved 8 DIP #658, N/s Adwen bet. Julius & Horton - Auth. Chapter 27 & Sidewalk Matching Funds Approved 8 DIP #659, N/s Adwen bet. Richeon & Horley - Auth. Chapter 27 & Sidewalk Matching Funds Approved 8 DIP #660, E/s Old River School Rd. bet. Adwen & Brookmill - Auth. Chapter 27 & Sidewalk Matching Funds Approved 8 Workmen's Compensation Insurance, Alternate Method Taken under submission 9 Request for Refund of Business License Fees by Beach's Market - Reimbursement of overpaid tax Approved 9 Earthquake Response Planning Project Presented for information only 10 Purchase Contract #187, Fencing and Gates - Wilderness Park - Taken under submission 10 Rio Hondo Golf Course - Bid proposal for operation & maint. of pro shop, instructional services & driving range - Auth. Mayor to sign Approved Page 2 of 2 11 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 28, 1974 The City Council of the City of Downey held a regular meeting at 8:00 a.m., May 28, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Joseph E. DiLoreto, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: Donald H. Winton 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 James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief William A. Goggin, City Planner Ray Lake, Building Official Lyle H. Wilkenson, Battalian Chief, Fire Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Mayor Richard Jennings informed the Council that pursuant to doctor's orders, Councilman Donald Winton will not be present at this meeting. The Invocation was delivered by Reverend Donald Diegelman, Associate Pastor, United Methodist Church, followed by the Flag Salute led by Councilwoman Hazel Scotto. Lt. Col. Brian Decker of the U. S. Army Reserve in Bell, commented on the vocational training that is offered to young men living in the community, and he asked for the community's support. He, in turn, offered the support of the Army Reserve through its diverse programs including survey parties, surveying Girl Scout camps, physical examinations to Boy Scouts before they go to summer camp, or anything that can be tied in with the type of training of the Army that can be of assistance to the community. He pointed out that a primary function of one of their groups is surveying and production of maps and could assist as an extension of the City Engineer's office in giving the City the manpower and equipment to do survey map making photography. With the assistance of City Manager Charles Thompson, Mayor Richard Jennings presented certificates to the following employees for completing the Management Development Institute Course conducted by the State Personnel Board: Janet Pina, Senior Librarian William Huyck, Street Maintenance Foreman Charles Guerin, Forestry Foreman Michael McCullough, Business License Inspector Richard Redmayne, Assistant Civil Engineer Dwaine Jones, Mechanic Sub -Foreman Betty Christensen, Senior Accountant Russell Reynolds, Manager of Procurement Frances Saurenman, 7621 Shadyoak Drive, appearing on behalf of the League of Women Voters of Downey, presented to the City Council results of a survey focused on Local Government in California and Citizen Participation. With the assistance of Mayor Richard Jennings, Community Development Director Ervin Spindel presented Employee of the Year Awards to Manuel Hernandez of the Water Division and Kenneth Sem of the Physical Services Division. Mr. Charles Jones, 7848 Brookmill Road, Downey, representing the Library Advisory Board, commented on the history of the library since it began in 1958, the shortage of space; inadequate facilities, the recommended standards for number of book volumes and space requirements to meet the needs of Downey's population pro- jected to 1990; and the spiraling costs involved in the proposed expansion of the library. He discussed the urgent need for expanded library facilities. Mr. Jones said he quoted from standards of the American Library Association and related organizations. Council Minutes 5/28/74 -1- :. aC.�aeaC:J Councilman Joseph DiLoreto thanked Mr. Jones for his presentation. He stated since he has been on the City Council he has been acutely aware of the deficiency of the Library, and before he will approve of any additional capital improvement projects, such as a new City Hall or other improvements, he will stand up and ask that this Council approve the expansion of the library as the Council has indicated it has wanted to do for years. Councilman DiLoreto commented that learning and the learning process and education is the number one source of recreation. Councilwoman Hazel Scotto expressed her appreciation to Mr. Jones for his dedi- cated service and asked if he would make a copy of his address available to her. Mr. Jones complimented the library staff on the job they are doing for the City under very adverse conditions. Mayor Richard Jennings declared that this is the time and place for the public hearing on City of Downey Budget for Fiscal Year 1974-75. 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 Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavit. City Manager Charles Thompson explained the annual Budget represents a balanced presentation of the community needs as a result of studies and analyses. He said the first thing that should be indicated in regard to the annual Budget is the national economic climate at this time and the impact the national economy is play- ing on local finances and programs, with the energy crisis and rising costs of construction being carried throughout the Budget as far as all municipal services are concerned. Mr. Thompson presented a series of graphs and commented on each as follows: Graph 1 - A pie chart showing the amount or percentage of funds received by the City from various sources estimated for the 1974-75 fiscal year: Utility Users Tax - 10.6 percent, or $1,296,000 Sales Tax - 28.6 percent, or $3,450,000 State Apportionments - 19.7 percent, or $2,288,000 Federal Revenue Sharing Funds - $502,000 Enterprise Revenue - $1,533,000 Property Tax - 9.8 percent, or $1,183,600 All other revenue sources - 14.6 percent, or $1,771,000 Graph 2 - A comparison of the major sources of revenue to the General Fund, including taxes, licenses, permits, fines and forfeitures, investments, intergovernmental revenue, current service charges, and all other, amounting to $8,131,250 for the projected fiscal 1974-75. These are classified by major sources broken down into itemized detail and do not include the opening balance for 1974-75. The ending balance for this year is estimated to be $764,200. Graph 3 - The five major functional areas for the City: Public Safety, Community Development, Physical Environment, Culture and Recreation, and General Government. The General Budget is broken down into four major docu- ments: Operating Program, Capital Improvement Program, Enterprise Funds, and Equipment Management Program. There are over 100 operating programs repre- sented in the Budget itself and each indicate a specific major activity area of the City (services performed by the City). The detail of the Budget document is broken down into a program area, prepared with Budgetary Request Forms #1, #2, #3, and #4: Form #1 is a summary of the program area; Form 4k2 is an indication of objectives of that particular program; Form 3 is a comparison of expenditures; and Form #4 is a breakdown of all the object expenditures of the Budget. Graph 4 - Shows the summary of the General Fund for 1974-75. As indicated, the opening balance is expected to be $764,200; the estimated revenues during 1974-75 will amount to $8,131,250; transfers that occur between funds such as Gas Tax Fund, Traffic Safety Fund, County Road Improvement Fund, and Employee Benefits Fund amounting to $828,000, or a total of $8,959,250. This makes available $9,723,450 for appropriations. Graph 5 - Shows the various major departments of the City, the estimated current year 1973-74 and recommended 1974-75 Budget, and the percent of Council Minutes 5/28/74 -2- increase or decrease of the various departments. Six less people are requested totally for the General Fund Operating Programs due to the combination of the No. 1 and No. 5 Fire Stations, reduction of the position of Deputy Chief in the Fire Department, request for reduction of one employee in the Community Development Department, and increase of one employee in the Public Works Department. Mr. Thompson reported on the Paramedic Agreement with the City of Santa Fe Springs. He indicated if the Budget request is approved, the City of Downey will then be able to release some of its emergency crew from the Fire Department for Paramedic training. Mr. Thompson stated there is hope for a refund of cost of the program through the Cranston Act. Mr. Thompson discussed a Budget proposal to vitalize a joint communications program with a number of surrounding cities who have their own fire departments, at no cost to the City other than the establishment of the lease lines and communica- tion equipment involved. He said this program will result in a net operating savings of between $25,000 and $30,000 annually for the City, and the Cities of Sanfa Fe Springs, Montebello, South Gate, Lynwood, and perhaps Whittier are interested in this program. Commenting on the Public Works Department, Mr. Thompson stated the Budget reflects a $50,000 increase in fuel cost. He said reorganization in the Physical Services Division will result in reduction of one supervisory personnel and a net savings or reduction in cost of about $5,000; and an additional Maintenance Leadman is requested for a concrete crew. Referring to the Community Development Department, Mr. Thompson said there is a request for an additional Principal Planner in the Planning Division which would permit the City to move ahead with certain kinds of current and advance planning. He indicated there is a request for reorganization in the Building Division with the elimination of the Assistant Building Official position, the creation of a Building Inspection Supervisor, and the reduction of one Building Inspector, all of which would result in a cost reduction of close to $15,000. Mr. Thompson reported there is a request for the continuation of reorganization in the Finance Department that began two years ago and would result in about $2,000 increased cost. He said there is a further request for the inclusion of upgrading some computer hardware at the total cost of about $2,700. In regard to the Enterprise Programs, which include Water Service, Mr. Thompson stated the Budget includes $104,000 for depreciation of facilities and would bring the City's program in accordance with accepted standards for municipal - type Enterprise Activities. Further, Mr. Thompson said, it is recommended that one Maintenance Leadman position be eliminated at a cost reduction of about $10,000. Mr. Thompson made comments regarding the Golf Course. He indicated the Budget reflects the continuation of the existing program which includes some support from the General Fund. Speaking to the matter of the Equipment Maintenance Fund, which is an inter- governmental service fund and provides for the replacement and operating cost of equipment, Mr. Thompson said the fund is self-sustaining except for the purchase of new capital equipment. He mentioned new capital equipment as recommended in the Budget amounts to $119,000--the total operating costs to operate and maintain all office and field equipment for the entire City, all programs - all funds, amounts to $290,000. Mr. Thompson commented on some of the improvements included in the Capital Improvement Fund, and he made a specific recommendation that the Council take a long-term and overall view of the City's public facilities. He stated the moneys expended at this time, unless directed toward an overall master plan for civic center improvements and a long-term program, could result in very substantial losses or the failure to achieve total use of the money so expended. In explanation, Mr. Thompson said the City faces both short and long-term expansion needs in terms of facilities which are needed to maintain current operations at a high Level of public service. He pointed out before embarking on this kind of a program, he believes the City should finalize all cooperative possibilities with the Downey Unified School District. Mr. Thompson further explained it is important to look at all the needs of all the departments and services of the City, and he does not Council Minutes 5/28/74 -3- ,#'� believe it is wise at this time to single out one specific major area at the expense of dropping other major programs or facility needs of the City. Mr. Thompson stated non -departmental aspects of the Budget do cover the City's insurance needs, etc., and he specified that under Professional Services, membership in Southern California Area of Governments (SCAG) is recommended. He said there are additional funds for the Second Century Foundation for its support activities for the upcoming Bi-Centennial. Mr. Thompson remarked the special Projects of the General Fund and Co -sponsored Agreements are available, and specific recommendations will be forthcoming on itemization of those particular areas. In closing, Mr. Thompson urged a review of all aspects of the Budget and total picture, rather than an individual area. He expressed appreciation to the Finance Department for a superior job of accounting and Budget preparation. Mr. Thompson said the City's overall financial position is probably as strong or sound as it has been since he came to the City of Downey. He further commended the City Council for its long-sighted work in Budget work and Budget planning. Mayor Jennings inquired if there was anyone present who wished to speak to the Budget for Fiscal Year 1974-75. Mr. Ken Miller, 7336 Cleargrove Drive, Downey, discussed revenues and depart- mental expenditures. Mr. Thompson explained the funding procedures used in the City's accounting methods. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to continue the public hearing on the Budget for Fiscal Year 1974-75 for 5:30 p.m., June 5, 1974, in the Green Room of the Downey Theatre. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Richard Jennings declared a recess at 9:25 a.m. The meeting resumed at 9:35 a.m. with Councilmen Temple, DiLoreto, Scotto, Jennings present; Councilman Winton absent. Mayor Jennings asked the Council to consider at this time the Budget and Increase in Room Rates and Increase in Salary Schedule for the Downey Community Hospital. Councilman Walter Temple stated he does not feel the Downey City Council is in any position to actually approve or disapprove the Budget for the Downey Community Hospital, and the City Manager has enough problems reviewing the City's Budget. He recommended that in the coming year the City Manager and Staff review the agreement with the Hospital and see if there is some other way the Council can be able to review the Budget and make sure the City will receive its loan guarantee, rather than having the Council specifically approve the Community Hospital Budget. It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel Scotto, and passed by the following vote to approve the 1974-75 Room Rates and Salary Schedules as presented by the Downey Community Hospital. Councilman Joseph DiLoreto agreed with Councilman Temple, however, he stated the City is still obligated under the bonds as the guarantor. He said it has been exceedingly difficult to obtain financial information from the Hospital, and as long as the City Council is obligated as the guarantor to the Hospital bonds, it at least has a right to receive answers to its questions. Councilman DiLoreto indicated he is not criticizing the way in which the Hospital is run or administered, but is criticizing the way in which information is given to the Council. Discussion ensued. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings called for a motion to instruct the City Manager to coordinate with the Hospital Administrator to come up with a different set of parameters for the City Council. Council Minutes 5/28/74 -4- The motion was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Amendment to Zoning Ordinance - R1-8500 Single Family Residence Mayor Richard Jennings reviewed this matter. It was moved by Councilwoman Hazel Scotto, seconded by Councilman Walter Temple, and passed by the following that the City Council amend the Comprehensive Zoning Ordinance of the Downey Municipal Code to include R1-8500 single family residence zoning as recommended by Resolution No. 141 of the City Planning Commission, and that a public hearing be set for 7:30 p.m., June 10, 1974, in the Council Chambers of the Downey City Hall. Mayor Jennings stated the City has zones for R1-5000, R1-7500, and R1-10,000, and now because of a special interest group, R1-8500 is proposed for one piece of property. He said pretty soon the City will have five different size residential zones, and he is very much against it. AYES: 3 Councilmen: Temple, DiLoreto, Scotto NOES: 1 Councilmen: Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilwoman Hazel Scotto, seconded by Councilman Walter Temple, and passed by the following vote to set a hearing on Zone Change Case No. 122 (All of Tract No. 20921 east of Brookshire Avenue and including 8572 Cherokee Drive) for 7:30 p.m., June 10, 1974, in the Council Chambers of the Downey City Hall. AYES: 3 Councilmen: Temple, DiLoreto, Scotto NOES: 1 Councilmen: Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to approve the Minutes of the Special City Council Meeting of May 8, 1974. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Communication from Southern California Rapid Transit District regarding Proposed Rapid Transit Plan. Ordered filed. Councilwoman Hazel Scotto suggested the City appear at the hearing and state the rapid transit plan will not adequately serve the needs of the City. She offered to attend the hearing. City Manager Charles Thompson indicated he would appear if the Council so directs with any member of the Council. He mentioned he has received Phase 2 and Phase 3 reports of various consultants, which are voluminous and very comprehensive, and these reports have been forwarded to the Director of Community Development and Traffic Engineer. Mr. Thompson said he agrees there are some very questionable benefits as far as the City of Downey is concerned. Councilwoman Scotto and Mr. Thompson were directed to attend the public hearing on the proposed Rapid Transit Plan. Communication from Mayor Richard M. Jennings regarding Appointment of _.... Mr. Richard Bowen to the Civil Defense Advisory Committee. Ordered filed. Mayor Jennings reminded the Council there are some vacancies on this committee. He said every year the City receives moneys to offset salaries of certain people in the City who are involved in Civil Defense, and he feels it is quite important the Council fill these vacancies. LEGAL CLAIMS (for information only) Ref. #173, John Miller, Jr. Ref. #174, John Miller, Sr. Ref. #175, Dorssie Miller Ref. #176, John David Miller Council Minutes 5/28/74 -5- LEGAL CLAIMS (for Council action) ,�_, � Y�� Ref. #166, State Farm Mutual Insurance Co. Ref. #170, Thomas L. Salmons Ref. #171, Patricia E. Train It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to accept Legal Claim Ref. #166, State Farm Mutual Insurance Co., as submitted by the carrier, and reject Legal Claim #170, Thomas L. Salmons, and #171, Patricia E. Train, as submitted by the carrier. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton ORDINANCE NO. 460 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE RELATING TO THE BUILDING CODE TO DEFINE THE TERM "CONDOMINIUM" AND TO ASSIGN IT AN OCCUPANCY CLASSIFICATION The Ordinance 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 Ordinance No. 460. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton ORDINANCE N0, 461 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9200.05 AND ADDING SECTIONS 9248 THROUGH 9248.8 TO THE DOWNEY MUNICIPAL CODE RELATING TO SUBDIVISIONS AND CONDOMINIUM PROJECTS AND TO AMEND SECTION 9127 RELATING TO PARKING REQUIREMENTS The Ordinance 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 Ordinance No. 461. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING LEAVE POLICY 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 and seconded by Councilman Joseph DiLoreto to adopt the Resolution. Councilman Walter Temple said he would like to have this Resolution changed, or at least the detail of the Personnel Advisory Committee. Referring to Section 6, of the Personnel Manuel, wherein it is proposed that the City Manager may grant leave of absence "with or without pay", he indicated he is concerned about "with pay" and it should say "with Council approval". Councilwoman Hazel Scotto pointed out that she did not receive the Personnel Advisory Board Minutes of May 16th and would like to read the Board's comments before deciding on this Resolution. Following discussion, the Resolution was taken under submission. Council Minutes 5/28/74 -6- RESOLUTION NO. 2950 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL REGARDING PAY FOR THE BOARD OF BUILDING APPEALS 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 Councilwoman Hazel Scotto, and passed by the following vote to adopt Resolution No. 2950. City Manager Charles Thompson advised this Resolution merely establishes com- pensation for the Board of Building Appeals. He said the Board would receive compensation the same as other boards and commissions in the amount of $7.50 per meeting, except the Planning Commission. Discussion followed. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve General Warrants #31196 - #31263, $40,598.30, and #31264 - #31419, $4362430.37. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve specifications and grant authority to advertise for bids on Cash Contract #353, Annual Miscellaneous Sidewalk Construction. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #354, Bicycle Ramps, Rio San Gabriel Channel. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Following a summation of bids, it was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to award Cash Contract #345, Miscellaneous Repairs, in the amount of the unit prices bid to Damon Construction Company, the lowest and best bidder, reject all other bids, and waive the Bid Bond irregularity. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #340, Second Street, Wiley Burke Avenue to Rives Avenue, and accept the responsibility for maintenance thereof. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #SS-299, Wiley Burke Avenue - Florence to Lubec Guatemala Avenue - Dinsdale to Lubec, the responsibility for maintenance thereof, and approve extra work. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Council Minutes 5/28/74 -7- It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve an agreement with the Southern Pacific Transportation Company for the installation and maintenance of Railroad Safety Gates, Firestone Boulevard at 01d River School Road. Responding to questions regarding the City's share of the costs for this pro- ject, Community Development Director Ervin Spindel said because of the nature of the intersection at Firestone Boulevard and 01d River School Road, the State is paying one-half the cost, with the rest being shared by the railroad and the City. Therefore, he said, the City's share will be about one-fourth of the cost. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve Sidewalk Matching Funds for sidewalk construction in the amount of $1,019, and to deny Sidewalk Matching Funds for sidewalk construction in the amount of $648, as follows: Estimated M.F. No. Address (R-1 Zone) City Cost 277 11050 Leibacher Avenue $ 194.00 278 9205 Stoakes Avenue 90.00 279 7022 Dinwiddie Street 110.00 280 7527 Corey Street 74.00 281 7607 Corey Street 112.00 282 12714 Brock Avenue 109.00 283 8517 Eucalyptus Street 125.00 284 7709 Arnett Street 112.00 285 7548 Adwen Street 93.00 Total Estimated City Cost $ 1,019.00 nsrimarea M.F. No. Address (R-3 Zone) City Cost 286 7978 Farm Street $ 449.00 287 7974 Farm Street 100.00 288 7964 Farm Street 99.00 Total Estimated City Cost $ 648.00 AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Joseph DiLoreto, seconded by Councilwoman Hazel Scotto, and passed by the following vote to authorize initiation of Chapter 27 proceedings for the construction of sidewalks on the following projects: Downey Improvement Project No. 655 North the first alley east of Paramount Bouleva Sidewalk Matchinz Funds in the amount of side of Avenue between e, and approve Downey Improvement Project No. 656 South side of Adwen Street between 01d River School Road and Julius Avenue, and approve Sidewalk Matching Funds i the amount of $264.00; Downey Improvement Project No, 657 South side of Adwen Street between Julius Avenue and Rives Avenue; Downey Improvement Project No. 658, North side of Adwen Street between Julius Avenue and Horton Avenue, and approve Sidewalk Matching Funds in the amount of $31.00; Downey Improvement Project No. 659, North side of Adwen Street between Richeon Avenue and Horley Avenue, and approve Sidewalk Matching Funds in the amount of $226.00; and Downey Improvement Project No. 660, East side of 01d River School Road between Adwen Street and Brookmill Road, and approve Sidewalk Matching Funds in the amount of $342.00. Council Minutes 5/28/74 -8- It was noted both sites on Downey Improvement Project No. 655 are zoned R-2 but the land use is R-l. Councilwoman Scotto inquired if the property owners on Cheyenne Avenue are absentee owners, and if they are, perhaps they could be required to put in side- walks without the City paying half the cost. Discussion followed regarding the City's sidewalk matching fund policy. Community Development Director Ervin Spindel reported both properties on Cheyenne are owner -occupied. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Workmen's Compensation Insurance for Alternate Method of Insurance City Manager Charles Thompson reported several years ago the City instituted a comprehensive safety program with improvements made in safety practices and pro- cedures of the City, and as one of the principal results of this program last year, the City was awarded first place in the State for its safety program, receiving one of the largest refunds a City had ever received from its Workmen's Compensation Insurance. He said as a result of some recent Court cases, this year the State Compensation Fund is not making refunds, and it is felt the City could improve its program greatly by going to a self-insurance program. Mr. Thompson stated by insuring itself, the City would be administering its own program under the same laws it is now administered at a savings of $100,000 a year or more. He made the follow- ing recommendations to the City Council: (1) To approve the ending of premium pay- ments to the State Compensation Insurance Fund after June 30, 1974; (2) To approve a program of self-insurance for Workmen's Compensation liability effective July 1, 1974, the City being legally uninsured as far as the State Compensation Insurance Fund is concerned; (3) Authorize and approve the contract with the firm of R. L. Kautz d Co. to act as administrator for the City self -insured program; and (4) Direct the securing of re -insurance for excess liability. Mr. Thompson expressed his appreciation to the Director of Finance and his staff for their outstanding work on this program. City Attorney Royal Sorensen requested if the Council moves to approve the contract, that it do so subject to the City Attorney's review and approval of the contract. Discussion followed regarding the services to the City as covered in the pro- posed service fee to R. L. Kautz d Co. Councilwoman Hazel Scotto asked about this matter going out to bid. Mr. Thompson replied different companies who provide this service have been explored, and it is felt this firm was the most outstanding of anyone available for this service. Finance Director Richard Patton advised there are other firms that do this, but they also handle other forms of business, and R. L. Kautz is by far the world's largest, has been in the business longer than anyone, and has easily the best reputation because in the past all they have done is administer Workmen's Compensa- tion Plans. He said he can conceive of no one who could offer the services they do at the price they do. Discussion ensued. Mayor Jennings asked about the refunds received in previous years from the State Compensation Fund. Mr. Thompson replied it was felt this year the City would receive as much or more of a refund as it did last year, however, due to a court ruling on a heart case, the State Compensation Fund felt there was uncertainty and did not want to make a refund this year. Further discussion followed. Councilman Joseph DiLoreto suggested other companies should be contacted regarding Workmen's Compensation coverage and additional re -insurance coverage. There being no objections, the matter was taken under submission. Council Minutes 5/28/74 -9- It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to approve the Prisoner Care Agreement with the City of South Gate and authorize the Mayor to sign on behalf of the City. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Request for Refund of Business License Fees Finance Director Richard Patton reported there was an adjustment of the sales Beach's Market had reported for the past two years, and it was re -adjusted for the State Board of Equalization also. Following questions and discussion by the Council, the Director of Finance was requested to contact the License Inspector for providing further information. General Plan Presentation City Manager Charles Thompson commended the City Planner on the General Plan and said there was a substantial savings in the printing costs. City Planner William Goggin distributed to the Council a comparison of printing costs as projected three -to -four years ago and the costs of today. He said if the work had been contracted out, the cost would have been approximately $10,000 greater. Mr. Goggin directed the Council's attention to the display in the West Conference Room, consisting of what goes into making up the General Plan. Referring to the Request for Refund of Business License Fees, City Manager Charles Thompson indicated the basic question raised earlier was the adjustment that was requested by Beach's Market for its business license for 1972-73, which was an adjustment in gross, and why the liquor sales were deducted and included in the gross for purposes of the business license. Mr. Terrence Middlebrooke, Manager of Revenue, explained the liquor sales and sales tax are excluded from gross receipts due to the fact that the City receives a rebate from the State on all liquid sales and, therefore, the City is prevented from basing any part of its license fee upon the gross of alcoholic beverage sales. He said there is no gross on the liquor sales. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to authorize Reimbursement of the overpaid Business License Tax by Beach Grocery in the amount of $154.40. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Earthquake Response Planning Project was presented for information only. It was moved by Councilwoman Hazel Scotto and seconded by Councilman Walter Temple to approve the low bid by Aeroline Fence Company, Alhambra, in the amount of $5,570 for the installation of approximately 1600 lineal feet of fencing and gates on Purchase Contract #187, Fencing and Gates - Wilderness Park. Councilwoman Scotto spoke in favor of the fencing and gates. Mayor Richard Jennings questioned the extent of the City's liability in the event a private individual's vehicle hit a child in this area since it is City property. City Attorney Royal Sorensen said there are many factors that would go into determining the liability. Responding to questions by the Council, Mr. Sorensen further stated the mere fact that a person is given the opportunity to operate a vehicle over City property, he does not believe would necessarily impose liability upon the City in the event someone were injured. He indicated, however, if there were conditions created that were found by the court to be dangerous, such as permitting vehicles to travel over a portion of City property that ordinarily is not used and immediately adjacent to a child's playground, if not separated, then theCity might be deemed to have created a dangerous condition. Discussion followed. Mayor Jennings asked how the Parks & Recreation Department obtained the authority to offer gates to the residents and if it was by City Council approval. Council Minutes 5/28/74 -10- Parks $ Recreation Director James Ruth replied there was no formal Council approval other than hearings that were held with residents in the area on two different occasions in which the City Councilman from that district, the City Manager, and Department Heads were in attendance. He said the question was raised on both occasions by residents whether they would be allowed access onto the back of their property, and at that time a commitment was made by a Councilman from that district that accessibility would be allowed into the back of their property. Mayor Jennings stated his objection to the residents having a gate on the end of a City park for vehicle access. Discussion followed. City Manager Charles Thompson asked the Council to hold this matter so as to enable him to review and report back to the Council at the next meeting. Mayor Jennings placed the matter under submission. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the bid proposal of William C. Barlow for operation and maintenance of the golf professional shop, instructional services, and driving range at the Rio Hondo Golf Course, and authorize the Mayor to execute the necessary agreement on behalf of the City. The Council discussed the basis upon which the successful bidder will be compensated. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton City Manager Charles Thompson extended recognition to retired employee, Mr. Bill Fritsche, former Deputy Building Official, who was present in the audience. ORAL COMMUNICATIONS Mr. Ken Miller, 7336 Cleargrove Drive, Downey, asked for information regarding former Group Hospitalization and Medical Insurance Carrier. City Manager Charles Thompson reviewed history of the former group insurance carrier and any outstanding claims pending reimbursement. Finance Director Richard Patton elaborated on the status of unpaid claims. Councilman Walter Temple inquired if the Planning Commission has started to hear the new Zoning Ordinance. City Planner William Goggin replied the ordinance will be submitted to the Commission in approximately two weeks for study prior to hearing. Mayor Richard Jennings said if the Zoning Ordinance contains a section on child day care centers, which is a matter pending before the City Council, it would behoove City Administration to notify the people who attended previous meetings to be in attendance when this matter is heard. Discussion ensued. Councilman Joseph DiLoreto commented on the City Budget regarding the Council's commitment made last year to retain the reserve established in 1973 and to also try to increase the reserve in the next Budget. He said if the proposed 1974-75 Budget is adopted as presented, not only would the established reserve policy be eliminated, but the additional reserve policy would come to a screeching halt. City Manager Charles Thompson replied that the reserve is an ending balance of operations for this year and a carryover would be made at the year end as in past years. Discussion followed. Councilman DiLoreto asked if "$750,000"ending balance reflected in the new Budget is a portion of the amount considered to be the reserve. Mr. Thompson said yes, reserve would be included in the figure. Council Minutes 5/28/74 -11- Councilwoman Hazel Scotto asked the City Clerk if any information would be forthcoming regarding Assessment District #117 petitions received at last Council meeting. City Clerk Robert Shand said petition data will be compiled in an analysis report after all signatures have been confirmed by the Community Development Department. Councilwoman Scotto asked for the status on Bicycle Route Maps. Community Development Director Ervin Spindel said the maps are in progress and will be available in the next couple of weeks. Councilwoman Scotto commented she had attended the California Cities New Mayors and City Council Institute, which was very rewarding. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to adjourn the meeting at 11:16 a.m. to 5:30 p.m., Wednesday, June 5, 1974, in the Green Room of the Downey Theatre. Robert L. Shand, City Clerk -Treasurer Joseph iLoreto, Mayor Pro Tem Council Minutes 5/28/74 -12-