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HomeMy WebLinkAboutMinutes-01-28-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 28, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Employee Five, Ten & Fifteen Year Awards Removal of Items from Consent Calendar Minutes, January 13, 1975 Approved as amended Agenda Correspondence Items Filed Denial of Legal Claims, Ref. #212 & 213 Approved CC #SS-297, Firestone at Old River School Rd. - Suspend req. beginning of work til 4/l/75 Approved CC #SS-274, Downey Ave., Imperial Hwy. to Gardendale St.: Accept improvements, resp. for maint, & approve contract changes Approved General Warrants #135905 - 136109 #201291 - 201317 Approved 1975 Weed Abatement Schedule Approved Ordinance Amending DMC re Traffic Committee Introduced Resolution #3075, Ascertaining General Prevailing Rate of Per Diem Wages Adopted Resolution #3076, Auth. Filing of an Appl. on behalf of SE Burglary Investgn. Team Adopted Resolution #3077, Opposing Proposed Regs. of Calif. Adm. Code re Licensing & Certifctn. of Comm. Care Facilities Adopted CC #370, 12324 Bellflower Blvd. - Appropriation & auth. inst. of street lights Approved CC #366, Wilderness Park, SW Parking Lot & Sidewalk at Florence Ave. Taken under submission Resolution #3078, re Deadline specified by State on EIS for Comm. Dev. Block Grant App1. Adopted CC #SS-298: Gardendale St., Lakewood to Hanwell; Foster Rd., Hanwell to Regentview - Plans, specs, & grant auth. to advertise Approved CC #SS-296, E/s Lakewood Blvd. at Stonewood Sts, Right -turn lane - Award of contract & transfer of funds Approved CC #350, Downey SE Park Tennis Courts - ---- Accept improvements, grant time extension & assess liquidated damages Taken under submission AD #109, Texas St., et al - Grant authority to poll property owners & auth. City payment of engineering & incidental costs Approved Sidewalk Matching Fund Policy Approved as submitted Driveway Repair - Finevale Avenue: City Attorney to review City's liability re trees planted in parkway & if method available for cost sharing of repair work on private ppty. Approved Sidewalk Matching Funds Approved in accord w/adopted policy PAGE NO. 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 Page 1 of 2 COUNCIL MINUTES, JANUARY 28, 1975 TABLE OF MINUTE ACTIONS SUBJECT: Acceptance of R/w Dedication in Exchange for Improvemants Public Transportation Projects - Apply for FAU Funds without fixed transportation system attached Computer Upgrade Proposal - Auth. Dir. Finance to lease data processing components SCAG Draft Regional Transportation Plan - Go on record as opposing designation of Type IV Arterials as Hwys. of Regional Significance Recognition of Employees Organizations for meeting and conferring Resignation of Michael Leeson from Personnel Advisory Board & Len Rullo from Disaster Plans Advisory Committee Resolution #3079, Appointing Mrs. Pat Cooper as Member of Personnel Advisory Board Feasibility Study - Municipal Electric Distribution System Closing of Dolan Avenue between 2nd & 3rd Streets on the evening of February 14th Indecent literature in newspaper racks Absence of State Senatorial Representation for City of Downey ACTION• Approved Approved Approved Approved Approved Adopted Dropped Approved; church to be notified & requested to perform activity in subsequent years on private property City Attorney to report back current status re other cities Mayor to write Governor re vacancy in Downey PAGE NO. 5 6, 9 7 7 7 7 8 8 8 8 9 Page 2 of 2 s MINUTES OF.THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 28, 1975 The City Council of the City of Downey held a regular meeting at 8:00 a.m., January 28, 1975, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Council Members: Walter S. Temple, Joseph E. DiLoreto, Donald H. Winton, Hazel N. Scotto, Richard M. Jennings ABSENT: Council Members: None ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance Loren D. Morgan, Police Chief William A. Goggin, City Planner Ray Lake, Building Official Ralph B. Hamilton, Acting Fire Chief Harald J. Henriksen, City Engineer William F. Harper, Acting Director, Parks & Recreation Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Dr. Milton Van Slyke, Associate Pastor, First Baptist Church, followed by the Flag Salute led by Councilman Temple. With the assistance of Councilwoman Scotto, Mayor Jennings presented Five Year Awards to the following employees: Thomas Ellis, Community Development Jeanette Guerin, Library David Stevens, Fire Department David Cluff, Fire Department Tommy Sammons, Fire Department Gary Morrow, Police Department William Gutierrez, Police Department David Miller, Police Department Ronald Dean, Police Department Pamela Hagwood, Police Department Charles Taylor, Public Works Robert Robuck, Public Works Rudy Berleth, Public Works Lawrence Crosson, Parks & Recreation Robert Griffin, Finance Department With the assistance of Councilman Temple, Mayor Jennings presented Ten Year Awards to the following employees: Ronald Moon, Finance Department Edna Armantage, Library Virginia Apmodoc, Library Edward Jones, Fire Department Gail Crook, Fire Department Jackie Jones, Fire Department William Courtney, Police Department William Layton, Police Department Harold Hugo, Police Department Ruth Saltman, Community Development Frederico Sanchez, Community Development Albert Rondinelli, Public -Works Burt Peterson, Public Works Mel Sander, Public Works Guillermo Solis, Public.Works Les Hasselbalch, Parks & Recreation With the assistance of Councilman Winton, Mayor Jennings presented Fifteen Year Awards to the following employees: Jeanne Cook, City Clerk's Office Bonnie Jones, Community Development William Erickson, Community Development Richard Redmayne, Community Development Witold Hryniewicki, Community Development William Ralph, Community Development Gilbert Lake, Fire Department Donald Robison, Administration Ralph Shea, Fire Department Dorthea Grimm, Library Roy Broxton, Police Department Ronald Foster, Police Department Ms. Beverly Inman, Director of the Downey Museum of Art, distributed a pamphlet listing the art organizations in Downey and presented a painting by Mrs. Jan Prentiss for Downey°s Sister City of Guadalajara. Mayor Jennings mentioned the painting will be displayed in the headquarters of the American Consulate in Guadalajara. Removal of Items from Consent Calendar The Minutes of the City Council Meeting of January 13, 1975, and Cash Contract #366, Wilderness Park Parking Lot, were removed from the Consent Calendar. Council Minutes 1/28/75 -1- Mayor Jennings noted the Minutes of the City Council Meeting of January must be changed to reflect the fact that the $17,500 voted to be appropriated Space Utilization Study --Civic Center, shall come from Revenue Sharing Funds. the change should be reflected in the fourth paragraph on Page 7. 1156 3, 1975, for the He said It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to approve the Minutes of the City Council Meeting of January 13, 1975, as amended. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve the remainder of the Consent Calendar: Communication from First Baptist Church of Downey requesting Permission for Use of Street for Church -sponsored activity. (See further action, Page 8, under City Manager's Report). L Claims: Ref. #212 sden, and Ref. 421 Cash Contract #SS-297, Firestone at Old River School Road: Suspend the required beginning of work until April 1, 1975. Cash Contract #SS-274, Downey Avenue, Imperial Highway to Gardendale Street: Accept the improvements completed in conjunction with the subject project; accept responsibility for maintenance thereof; and approve contract changes at a credit to the City of $1,500. General Warrants: #135905-136109 and #201291-201317 - $521 870.86. 1975 Weed Abatement Schedule. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Cash Contract #366, Wilderness Park, Southwest Parking Lot and Sidewalk at Florence Avenue Mayor Jennings discussed the purpose of the road and parking lot and stated his objections. City Manager Thompson explained the road and parking lot are part of the overall master plan for the park. Members of the Council inquired about the, Master Plan for the Park. The Director of Community Development sent for the Master Plan Maps. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 2410, 2411 AND 2412 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO TRAFFIC COMMITTEE The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 3075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3075. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 1/28/75 -2- RESOLUTION NO. 3076 r 50817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION ON BEHALF OF THE SOUTHEAST BURGLARY INVESTIGATION TEAM The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3076. Councilman Temple inquired if it will be necessary to hire additional personnel to replace the two police officers assigned to the team. City Manager Thompson replied the concept would be to assign two people to the team, and although the two people would be replaced, there would be a three-year period during which these people could be absorbed through attrition. He explained after the three-year funding of the program, it would be up to the joint cities to continue the effort or cancel the project. Mr. Thompson answered further questions of the Council. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 3077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, OPPOSING PROPOSED REGULATIONS UNDER TITLES 9, 17, AND 22 OF THE CALIFORNIA ADMINISTRATIVE CODE, RELATING TO THE LICENSING AND CERTIFICATION OF COMMU- NITY CARE FACILITIES The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, 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. 3077. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve the following appropriation and authorize the installa- tion of street lights under Cash Contract #370, 12324 Bellflower Boulevard. Amount From To $2,000 Gas Tax Fund Balance (Fund 27) A/C #11352 AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Cash Contract #366, Wilderness Park, Southwest Parking Lot and Sidewalk at Florence Avenue The Director of Community Development posted the General Plan layout print (as provided by the architect) and proceeded to explain the plans for the proposed park- ing lot, Following discussion, Councilwoman Scotto suggested that this matter be taken under submission until the next Council meeting, at which time updated plan drawings could be provided showing the proposed changes. Taken under submission. RESOLUTION NO. 3078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO THE DEADLINE SPECIFIED BY THE STATE OF CALIFORNIA ON THE ENVIRONMENTAL, IMPACT STATEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3078. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 1/28/75 -3- A 50813 It was moved by Councilman Winton, seconded by Councilman Temple, and passed'by the following vote to approve the cooperative agreement between the City of Downey and the City of Bellflower; approve plans and specifications; and grant authority to advertise for bids on Cash Contract #SS-298: Gardendale Street - Lakewood Boulevard to Hanwell Avenue; Foster Road - Hanwell to Regentview Avenue. Community Development Director Spindel noted this is based on the actual quantities of construction on each side of the street. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman DiLoreto, and passed ----- by the following vote to award Cash Contract #SS-296 East side of Lakewood Boulevard at Stonewood Streets, Right -turn Lane, in the amount of the unit prices bid totaling $8,952.06, to Crowell & Larson of Baldwin Park, the Lowest and best bidder, and reject all other bids; waive the irregularity in the bid bond; and authorize the following transfer of funds: Amount From To $2,000 Fund Balance (Fund 26) A/C #26-16161 AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Temple and seconded by Councilwoman Scotto to accept the improvements completed under Cash Contract #350, Downey Southeast Park Tennis Courts, the responsibility for maintenance thereof, grant an extension time in the amount of 22 working days, and assess Liquidated damages in the amount of Mr. Raymond Carnahan, President of Artomco Construction, disagreed with the recommendation of assessing for penalty of four days and said the extra paving did cost the contractor but not the City. .He noted the courts were color -coated twice, and there was no charge to the City. Community Development Director Spindel noted the specifications did include color coating, but did not specifically state one or two coats. Discussion followed. Councilman DiLoreto said if the contractor did extra work and put on extra coat- ing to improve the job, he does not think it would be fair to penalize four days for liquidated damages. Mr. Spindel stated 16 extra days were allowed for the additional process. Mayor Jennings indicated he would like to take this matter under submission until the next Council meeting and suggested possibly a meeting could be arranged be- tween the City Manager, Director of Community Development, and general contractor to reach a conclusion. Commenting on the work performed, Councilman Winton said he feels it should be a matter of policy relative to a contract that it be followed diligently and a contractor be kept within the realm of reality that he cannot double the time on a contract with the City. Secondly, he stated, the Council should start thinking about establishing a policy relative to this type of operation. Cash Contract #350 was taken under submission. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to grant authority to poll the property owners and authorize City payment of engineering and incidental costs for Assessment District #109, Texas Street, et al. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Sidewalk Matching Fund Policy Responding to questions, Community Development Director Spindel explained the fund used will be the same fund for Chapter 27 construction, and as the assessments come in under Chapter 27, they are placed into that fund. It was moved by Councilman DiLoreto, seconded by Councilman Winton, and passed by the following vote to approve the Sidewalk Matching Fund Policy as submitted. Councilwoman Scotto said this procedure will involve more paper work, and she is in favor of applying this to all properties and then setting priorities. Council Minutes 1/28/75 -4- Discussion followed. AYES: 4 Council Members: Temple, DiLoreto, Winton, Jennings NOES: 1 Council Member: Scotto Driveway Repair - Finevale Avenue Councilman Temple commented on the damage to driveway approaches and driveways caused by trees in the parkway and suggested the property owners be given matching funds toward repair. He asked if this would be setting a precedent and said he would like to have a report from the City Attorney. Community Development Director Spindel said trees in the parkway technically belong to the City. Councilman Winton questioned whether the trees were planted by the County before the City incorporated. Mayor Jennings inquired if the street had been brought up to City or County standards at one time. Mr. Spindel replied yes, the street was developed with all asphalt driveways, and the City now requires concrete driveways. Mayor Jennings indicated he cannot see why the property should bear any of the cost if the damage was caused by a City tree. City Manager Thompson noted that the property owner will be paying the difference between asphalt and concrete. Councilman Temple stated the property owners involved are willing to share on a matching basis. City Attorney Sorensen asked for clarification regarding the request for a review of this matter. Mayor Jennings stated his objection to the City becoming involved in repairing private property. Discussion followed. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote that the City Attorney review the City's liability in regard to trees planted in the parkway and if there is a new method available to the City participating in cost sharing of any repair work done on private property. AYES: 4 Council Members: Temple, DiLoreto, Winton, Scotto NOES: 1 Council Member: Jennings Sidewalk Matching Funds Community Development Director Spindel noted M.F. #327 should be subject to the agreement under the new Sidewalk Matching Fund Policy adopted by the City Council, inasmuch as the property is currently zoned R-1 but on the General Plan will be zoned R-2 or R-3. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve Sidewalk Matching Funds at the following locations in accordance with the adopted policy: Estimated M.F. No. Address City Cost 327 11723 Bellflower Boulevard $ 76.00 328 8417 Dalen Street 68.00 Total Estimated City Cost $144.00 AYES. 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize Acceptance of Right -of -Way Dedication in exchange for Improvements: 8558, 8562, 8541 and 8557 Eucalyptus Street and 12413 Birchdale Avenue, AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 1/28/75 -5- Mayor Jennings declared a recess at 9:07 a.m. The meeting resumed at 9:18 a.m., with all Council Members present. Public Transportation Projects Councilman Temple inquired regarding the personnel costs involved and the need for a transportation planner. City Manager Thompson explained these are details that could be changed or re- solved at a later time. He said there is no guarantee that the City will receive the funds if the application is submitted. - - Councilman Temple indicated he is in favor of transportation but would like to know where the money is going to come from to subsidize it. Councilman DiLoreto said the first question to be answered before submitting applications and spending hours of staff time is whether or not the City is prepared to undertake such a project and commit tax funds. He stated as a member of the Council Transportation Committee he is opposed to this idea. Councilman DiLoreto commented on the abandonment of a former public transportation system in the City and the reasons it was abandoned. Councilwoman Scotto indicated the citizens of Downey pay between $600,000 and $700,000 a year to RTD for services they are not receiving. She said a portion of this should come back into the community, and if this were done, a better transporta- tion system would exist. Councilwoman Scotto stated this is a tentative program; it was put together rapidly because of funding restrictions on time; and other possibilities will be looked into further. She spoke in favor of the project. Discussion followed regarding the financing involved. Councilman Temple commented on the need of transportation for senior citizens. Mr. Thompson mentioned a special dial -a -ride service for the senior citizens should be given some consideration, plus one unit especially equipped for the handicapped. Councilman DiLoreto suggested getting together with other cities to bring a law suit against the RTD to compel them to provide services the cities are paying for, as opposed to going into competition with them. Councilman Winton commented on the lack of bus services by the RTD and suggested taking legislative action to eliminate the mandatory requirement of paying into a system when services are not received. He discussed the reasons he would not be in favor of a fixed route. Per Mayor Jennings' request, the City Clerk distributed to the Council transporta- tion plans for the cities of South Gate, E1 Cajon, and Whittier. Commenting further, Councilman Winton said if the citizens feel they would rather have a transportation system than other priorities, a survey should be conducted to see what priorities should be eliminated; second, he would like to -Initiate some investigation and action relative to what legislative actions may be necessary, if possible, to pull the City from the RTD District to utilize the funds for Downey's own transportation system; and third, he would like to look at a more specific type of plan that offers more individualistic services and more reasonable rate than fixed routes and fixed personnel constantly on payroll eight hours a day, five days a week. Mayor Jennings inquired if this plan actually provides bus service within two and one-half blocks of every residence in the City of Downey. Community Development Director Spindel replied no, but it is hoped to get within three -to -four blocks. - During discussion, Mr. Thompson pointed out that the main question is energy usage and air pollution. He said there are two concepts in this presentation: One proposal deals with transportation to Cerritos College, and with 3500 persons in Downey travel- ing to the College, this would require nearly 5,000 trips weekly, as estimated in a survey. He noted this particular system was projected on a break-even basis. The second proposal, Mr. Thompson stated, is more of a public transit means of transportation with different possibilities such as flexible routes, fixed routes, dial -a -ride, and varying these concepts through the week. Mayor Jennings inquired if there was anyone present that wished to speak to the matter, and the following people addressed the City Council in favor of the proposed public transportation: Council Minutes 1/28/75 -6- Jeannette Paumier, 9276 Downey Avenue ` "l Mrs. John Reed, 12246 Richeon Avenue Albert Cascon.e, 12625 Dunrobin Avenue Mr. Donald Thomas, 13331 Lakewood Boulevard Harold Wise, 10514 Downey Avenue Helen Hadzoeff, 10330-#14 Downey Avenue Arthur Hayworth, 10736 South LaReina Avenue Two lady members of the Senior Citizens Club of Downey Berney Manka, President of the Downey Committee on Aging Paula DeNovo, 8222 Sixth Street Frances Saurenman, 7621 Shadyoak Drive June Gilmore, 9930 Tecum Road Mr. Spindel pointed out this is a tentative proposal and does not commit the City to any particular program. It was moved by Councilman Winton and seconded by Councilwoman Scotto to recommend that the Council authorize submittal of this tentative plan for public transportation, as recommended by Staff. (See later action, Page 9.) AYES: 2 Council Members: Winton, Scotto NOES: 3 Council Members: Temple, DiLoreto, Jennings Motion failed. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve the Computer Upgrade Proposal submitted to Council, and that the Director of Finance be authorized to lease the data processing components specified therein. AYES: 4 Council Members: Temple, Winton, Scotto, Jennings NOES: 1 Council Member: DiLoreto It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to go on record as opposing the designation of Type IV Arterials as Highways of Regional Significance in the SCAG Draft Regional Transportation Plan. AYES: 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings CITY MANAGER'S REPORT City Manager Thompson said the employees associations have complied with the re- quirements under Section 2754 of the Downey Municipal Code, and he is recommending the Council sanction Recognition of the Downey City Employees Association, Downey Firemen's Association, and Downey Police Officers' Association for purposes of meeting and conferring. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve Recognition of the Employees Organizations, as authorized. Mayor Jennings raised questions regarding the top ranks of the Police and Fire Department members of the meet and confer team and whether they belong to the association or management level. Following discussion, Mr. Thompson stated the benefits approved by the City Council for the Management group does not include the top ranks in the Police and Fire Departments, inasmuch as they are members of their respective associations. AYES: 4 Council Members: Temple, DiLoreto, Winton, Scotto NOES: 1 Council Member: Jennings Mr. Thompson mentioned letters have been received from Mr. Michael Leeson resign- ing from the Personnel Advisory Board and Mr. Len Rullo resigning from the Disaster Plans Advisory Committee. Councilman DiLoreto expressed a desire to appoint Pat Cooper to the Personnel Advisory Board. RESOLUTION NO. 3079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING MRS. PAT COOPER AS A MEMBER OF THE PERSONNEL ADVISORY BOARD Council Minutes 1/28/75 -7- It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to approve the appointment of Pat Cooper to the Personnel Advisory Board to fill the unexpired term of Michael Leeson. AYESg 5 Council Members: Temple, DiLoreto, Winton, Scotto, Jennings Mr. Thompson resubmitted a report on the Feasibility Study - Municipal Electric Distribution System and noted action on this matter was deferred at a previous meet- ing pending a full Council. Mayor Jennings commented on a Letter from the Downey Chamber of Commerce explaining the reasons the Chamber does not recommend the City hiring consultants to study the possibility of taking over the Edison Company in Downey. He said he does not feel he should commit future Councils to this commitment, and he would propose that this idea be dropped. No objections were stated. Mr. Thompson reported on a request of the First Baptist Church of Downey for the Closing of Dolan Avenue between 2nd and 3rd Streets on the evening of February 14th, from 7;00 to 9:00 p.m., for a church -sponsored activity. He said approval has been recommended in the past because Dolan Avenue between 2nd and 3rd is not a significant through street, it is for a limited time at off peak hours, and it does provide minimal access to the City Hall and church. However, Mr. Thompson noted, the overall City policy has been not to close public streets for private purposes; that although approval to the church has been given in the past, and it is recommended again this year, he is suggesting the church be notified and requested that in subsequent years they attempt to perform this activity on private property. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve the request of the First Baptist Church, as recommended. AYES: 5 Council Members; Temple, DiLoreto, Winton, Scotto, Jennings ORAL COMMUNICATIONS Mrs. John Reed mentioned the First Baptist Church of Downey is expanding, and she understands this will probably be the last time the Church will be requesting the closing of Dolan Avenue. Further, she offered her assistance in the future to help with public transportation. Mr. Wendell Wiser, 10921 Paramount Boulevard, commented on the Council meeting and spoke in favor of a bus system. Mayor Jennings congratulated Councilman Temple on becoming the father of a baby boy. Councilman Temple stated he hopes Staff will continue to explore different means of transportation for the senior citizens. Councilman Temple discussed indecent literature contained in publication vending machines and stated he would request consideration for an ordinance banning all newspaper racks on public sidewalks. City Attorney Sorensen mentioned there has been a recent case filed with the County, and the Santa Monica ordinance is one test case up on appeal. During discussion, he noted other ordinances are not banning the newspaper racks but are regulatory. Councilman Temple requested with Councils consent that the City Attorney come back with a report regarding what other cities are doing and what they are restrict- ing. He said it is his objective to try to get the newspaper racks off public sidewalks. Discussion ensued. Councilman DiLoreto commented on the Absence of State Senatorial Representation for the City of Downey, which occurred through reapportionment. He said he contacted State Senators Deukmejian, Kennick, and Song in an attempt to determine if any of them represented Downey, and he was informed they did not. Councilman DiLoreto asked that the City Manager look into this matter to determine first, whether or not there is a Senatorial representative for the City, and second, would this plan, in fact, for the next two years disenfranchise approximately 90,000 voters as a result of the pro- posed reapportionment. Council Minutes 1/28/75 -8- Mrs. Saurenman inquired if it was learned whether or not the City could elect someone now. Councilman DiLoreto said he was told there would have to be some sacrifices made. Mayor Jennings indicated he has dictated a draft of a letter to Governor Brown, copies of which were distributed to the Council for approval. Discussion followed. Referring to the letter drafted by Mayor Jennings requesting Governor Brown to appoint a State Senator to serve as Downey`s representative, Councilwoman Scotto suggested that Senators be contacted to see which ones, if any, would be responsive. Mayor Jennings reminded the Council that by voting against the Transportation System the Federal funds will not be available again for a year. City Manager Thompson explained although a proposal was submitted, it could be altered or changed completely, and even though the application is submitted, a different plan could be developed. During discussion, Community Development Director Spindel commented on the use of FAU and UMTA Funds. Councilman Winton said it was his thought to apply for the funding and in the meantime this would give the City the opportunity to peruse whatever systems fall within the purview of buying equipment. Councilman DiLoreto said an alternative plan should have been provided. Further discussion ensued. After consulting with the City Attorney, it was moved by Mayor Jennings, seconded by Councilwoman Scotto, and passed by the following vote to re -open the subject of Public Transportation to reconsider the vote. AYES: 3 Council Members: Winton, Scotto, Jennings NOES: 2 Council Members: Temple, DiLoreto It was moved by Councilwoman Scotto, seconded by Councilman Winton, and passed by the following vote to apply for FAU Funds without any fixed transportation system attached. AYES: 3 Council Members: Winton, Scotto, Jennings NOES: 2 Council Members: Temple, DiLoreto There being no further business to come before the City Council, the meeting was adjourned at 11:01 a.m. :&Z Robert L. Sh'and, City Clerk -Treasurer Council Minutes 1/28/75 -9- CORRECTION TO 191 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 28, 1975 Please refer to page 4 of the Council Minutes of January 28, 1975, the paragraph regarding Cash Contract #350, Downey Southeast Park Tennis Courts. The assessed liquidated damages are listed as $200. This is a typographical error. The assessed damages should read $400. Robert L. hand, City Cler -Treasurer Correction to Minutes 1/28/75