Loading...
HomeMy WebLinkAboutMinutes-05-12-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 12, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION• DIP #663, N/s Stewart & Gray Rd. bet. LaReina & Paramount - Auth. Dept. Comm. Dev. to proceed w/construction Approved DIP #664, N/s Stewart & Gray Rd. bet. Downey & LaReina - Auth. Dept. Comm. Dev. to proceed w/construction Removal of Items from Consent Calendar Minutes, April 14 and 22, 1975 Comm, from Downey Comm. Hospital re 1975-76 Fiscal Year Operating Budget, Rate Increases and Salary Increases Comm. from Douglas Bus Line re Bus Fare Rate Increase Denial of Legal Claims, Ref. #226 & 227 CC #373, Demolish Existing Houses, Downey SE Park - Plans, specs & auth. to advertise General Warrants #137698 - 138015 Resolution #3114, Proclaiming Week of 5/18-24 as National Public Works Week Consent for Grant of Easement in favor of So. Calif. Edison Co. - Auth. Mayor to sign CC 0361, Parrot Ave. - Change plans so that trees causing damage will be removed Resolution Opposing SB 101 (Mills) & AB 1246 (Ingalls) which propose Restructuring of SCRTD by separating Rapit Transit & Bus Functions Woodruff Avenue Storm Drain - Plans, specs & Dist. to proceed w/construction Ordinance #477 (Emergency), Amending DMC re Use in. Construction of Multiple Dwellings & Con.domi.ni.ums cer.i.or Citizen Transportation Grant - City to act as administrator of grant; auth. Mayor to execute agreement Re��olution #3115, Ordering Dir. Comm. Dev. to Make Report (Annex. 75/21, Ciro St.) Engineer's Report, 75/21 Resolution #3116, Declaring Intention to Annex,, to City Ltg. Dist. (Annex. 75/21) Resolution #3117, Updating Fees & Service Charges Resolution #3118, Adopting Interim Agmt. for Animal Control Service CC #366, Wilderness Park SW Parking Lot CC OSS-223, Fifth St. Widening, Downey Ave. to Lakewood Bl. - Approve & certify EIR Approved Approved Filed Filed Approved Approved Approved Adopted Approved Approved Taken under submission Approved Adopted Approved Adopted Received & Filed Adopted PAGE NO, 1 2 2 2 2 2 2 2 2 2 2 2 3 3 3 4 4 4 4 Adopted 4 Adopted; req. for report from CM re comparative costs 5 Taken under subm. until budget time 5 Approved 7 Page L of 2 CITY COUNCIL MEETING MAY 12, 1975 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: CC #SS-223, Fifth St. Widening - Plans & specs. for portion bet. Birchdale & Lakewood Approved AD #109, Texas St., et al - Auth. retention of Burke, Williams & Sorensen as legal counsel CC #SS-303, Slurry Seal, Fiscal Year 1974-75 - Award to Chamber -Mix Concrete, Inc. CC #SS-305, Imperial Hwy. & Florence Ave. - Award to Sully -Miller Contracting Co. & transfer of funds CC #355, Castana Ave., Gunderson Ave., & Reydon St. - Award to Lorco Properties Inc. CC #372, Sidewalk, Florence Ave. at Wilderness Park - Award to Sully -Miller Contracting Co. Employees Health Insurance Program, Self -funded Program - Auth. Mayor to execute Admin. Agmt. w/R.L.Kautz & Co. & auth. Dir. Finance to secure necessary stop loss ins. Report on Los Coyotes Interceptor Sewer Rio San Gabriel Bikeway Bridge, Foster Rd. - File #1609.27 & 1708 - Auth. establishment of FAU Proj. to construct Bridge Recycling of Solid Waste, Approval of Agmt Building permit for const. of triplex at 10513 Western Ave. Lot Cleaning appropriation & payment Request of Kenneth J. Miller for hearing on Utility Users Tax Acceptance of R/w Dedication in exch. for imprvmts. at 8551-53 Eucalyptus St. Proposed Municipal Budget for Fiscal Yr. 1975-76 Old No. 1 Fire Station - Auth. City Mgr. to proceed w/advertising for lease or purchase Amendment to Agmt. w/DECA, 4% increase Bill Cole, Downey Chamber of Commerce - Presentation of Resolutions re Bridge Imprvmts. on Florence at Rio Hondo Channel, & Properties lying partially within Downey & Bell Gardens Memorial Day Service, 5/26 - Council invited to attend Status of report on 10-yr. cost to purchase Water Rights, Rio Hondo Golf Course Appointment of Mrs. Marilee Knoll to Rose Float Comm. City's Transportation Needs Safety precautions for alley adjacent to retirement home, 2nd & Myrtle Approved Approved Approved Approved Approved Approved No action required Approved Failed; to be brought back next agenda Approved Approved Set for 5/27/75; CM to arrange meeting w/Budget Comm. Approved Set for 5/27/75 Approved Approved Forthcoming Approved PAGE NO, 7 7 7 8 8 8 9 9 9 10 10 10 10 10 10 11 11 11 11 12 12 City Mgr. to prepare response to Supervisor Schabarum's letter 1.2 Referred to City Planner f/review 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 12, 1975 The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 12, 1975, in the Council Chambers of the Downey City Hall, Mayor Pro Tem Walter S. Temple presiding. PRESENT: Council Members: Donald H. Winton, Hazel N. Scotto, Richard M. Jennings, Walter S. Temple ABSENT: Council Member: Joseph E. DiLoreto (excused) 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 John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Kenneth B. Stewart, Senior Building Inspector Harald J. Henriksen, City Engineer Robert C. Gilbert, Civil Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Tom Jolly, Downey Memorial Christian Church, followed by the Flag Salute led by Councilman Jennings. Mayor Pro Tem Temple declared that this is the time and place for the public hearing on Downey Improvement Project No. 663, North side of Stewart and Grav Road between LaReina Avenue and Paramount Boulevard. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to receive and file the Affidavit. Mayor Pro Tem Temple inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported this is a hearing under provisions of Chapter 27 of the 1911 Act for the construction of sidewalks. He said to date a response has been received from the owner of Site 1, who deposited his share of the construction costs, and authority is requested to proceed with construction. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report. Mayor Pro Tem Temple inquired if there was anyone present who wished to speak in. opposition to the improvements, and there was no response. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 663. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Temple declared that this is the time and place for the public hearing on Downey Improvement Project No. 664, North side of Stewart and Gray Road between Downey Avenue and LaReina Avenue. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor Pro Tem Temple inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Council Minutes 5/12/75 -1- Or Community Development Director Spindel reported this is a hearing under provisione, of Chapter 27 of the 1911 Act for the construction of sidewalks. He said to date a response has been received from the owner of Site 4, who has deposited his share of the construction costs, and authority is requested to proceed with construction. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to receive and file the Engineer's Report. Mayor Pro Tem Temple inquired if there was anyone present who wished to speak in opposition to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to authorize the Department of Community Development to proceed with. construction on Downey Improvement Project No. 664, AYES. 4 Council Members, Winton, Scotto, Jennings, Temple ABSENT. 1 Council Member. DiLoreto Removal of Items from Consent Calendar The following items were removed from the Consent Calendar: Agenda Item VIII-C-1, Cash Contract #361, Parrot Avenue, Agenda Item VIII-E-B, Resolution opposing SB 101 and AB 1246 Restructuring SCR.TD. Agenda Item VIII-F-2, Woodruff Avenue Storm Drain. It: was moved by Councilman Jennings, seconded by Councilman Win.ton., and passed by the following vote to approve the remainder of the Consent Calendar: Minutes of the City Council Meetings of April 14 1975 and April 22 1975. Communication from Downey Community Hospital regarding 1.975-76 Fiscal Year Operating Budget, Rate Increases and Salary Increases. Communication from Douglas Bus Lines, Inc., regarding Bus Fare Rate Increase PUC Application #55656. Denial of Legal Claims: Ref. #226, Mrs. Elisa Conti; Ref. #227 Virginia M. Riddle„ Cash Contract #373, Demolish Existing Houses Downey Southeast Park: Plans, specifications, and grant authority to advertise for bids. General Warrants #137698 - 138015 903,627.48. �k 20 1 4q 4— zD 1 5 zu �'�ee RESOLU'L' ON NO. 3114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROCLAIMING THE WEEK OF MAY 18-24, 1975, AS NATIONAL PUBLIC WORKS WEEK Authorize Mayor to sign Consent for Grant of Easement in favor of Southern California Edison Company. (Underground Utility District No. 8) AYES. 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT, 1 Council Member. DiLoreto Cash. Contract 0361, Parrot Avenue Commenting on the responsibility of the City to repair curbs and gutters and to pre -- vent the ponding of water, Councilman Jennings pointed out that the ponding breeds mosquitos, develops odors, and prevents proper street cleaning, Community Development Director Spindel stated the property owners were polled and some agreed to have their trees removed while others preferred the ponding over the tree removal. He said it was staff's feeling it would not be proper to replace the curb and gutter without removing the trees, and if the trees were root pruned, in a few years there would be more displacement. Mr. Spindel noted in the future if this becomes more of a problem, the trees could be removed and the curbs and gutter repaired. However, he said, the worse drainage problem is being eliminated. Responding to an inquiry, Mr. Spindel explained with the root pruning of these trees the roots would again begin damaging the curbs in a couple of years. He said there has been blanket approval to remove evergreen ash trees when they cause damage, but normally instructions are that trees are not removed unless the property owner agrees, and in this case, the property owners do not want their trees removed. Council Minutes 5/12/75 -2- Councilman Winton questioned the effect the ponding has on the street sweeper. Mr. Spindel said the vacuum sweeper has to be used as a follow-up to the standard sweeper. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote that Cash Contract #361, Parrot Avenue, be changed and that the trees which have broken the curb on Parrot Avenue be removed and replaced so that proper drainage can be achieved. AYES: 3 Council Members: Winton, Jennings, Temple NOES: 1 Council Member: Scotto ABSENT: 1 Council Member: DiLoreto Resolution Opposing SB 101 (Mills) and AB 1246 (Ingalls) which Bills propos Restructuring of the SCRTD by Separating the Rapid Transit and Bus Function, Councilwoman Scotto asked that the fourth paragraph be removed from the Resolution Councilman Jennings said he objects to the Resolution in total because as long as the Southern California Rapid Transit District has control there will be no fixed rail rapid transit, and he favors this separation of responsibility. Councilwoman Scotto asked that the Resolution be taken under submission, and she will bring this back to the Council and present what the League of California Cities Task Force has proposed. Taken under submission. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to approve plans and specifications for construction of Woodruff Avenue Storm Drain and authorize the District to proceed with construction thereof. ORDINANCE NO. 477 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9116.4, 9116.8 (2), 9116.9, 9127.1 (2) AND 9127.12 (4) (5) OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 8221.1, 9116.10 AND 9126.56 TO THE DOWNEY MUNICIPAL CODE, ALL OF WHICH SAID SECTIONS RELATE TO USE IN CONSTRUCTION OF MULTIPLE DWELLINGS AND CONDOMINIUMS Councilman Jennings asked if this is identical with the existing Ordinance.. Community Development Director Spindel replied it is identical to the requirements of the Apartment Survey Committee, and inasmuch as the interim ordinance expires next week, it is necessary for this Ordinance which amends the code. He said it is expected that the amendments to the Building Code will be adopted and in effect within 90 days, and it will be necessary for an extension or further ordinances on the zoning portion of this to continue the policy. Discussion followed. The Ordinance was read in its entirety by the City Clerk. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to adopt Ordinance No. 477. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Senior Citizen Transportation Grant City Manager Thompson reported that senior citizens had acquired a grant, but it was found necessary for the City to administer the grant. He said the grant is small but would allow for the lease of two buses: One would be a basic dial -a -ride limited to the use of senior citizens and would be leased for approximately 4� months, the term of the grant; the second would have to be equipped with a lift -system suitable for handicapped persons. Mr. Thompson stated approval by the City Council would allow the City to participate in the administration providing for the lease and maintenance, and he noted the senior citizens have indicated they will staff on a voluntary basis the dispatching of the buses. He said this would be set up as a pilot program to determine its viability. Council Minutes 5/12/75 -3- It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the City acting as the administrator of the Senior. Citizen Transportation Grant and authorize the Mayor to execute the agreement, Councilman Jennings questioned the maintenance of the one million dollar liabiliry„ Mr. Thompson said that would be covered in the grant. Responding to further questions, he commented the use of CETA employees as bus drivers has been discussed, and this could be accommodated. A discussion was held regarding a radio dispatching system. Councilman Jennings said he is very much in favor of the program but will be upset if at the end of the grant period the City is faced with taking over the bus operation. at City expense, AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 75/21 CIRO STREET) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 3115. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Community Development Director Spindel reported on the installation and annual operation costs and said the payment schedule per $100 assessed value of land is: First year, $0.46; second year, $0.46; and third year and continuing cost, $0,23. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 3116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983. (ANNEXATION 75/21 CIRO STREET) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 3116. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPDATING FEES AND SERVICE CHARGES The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 3117. Discussion followed. Council Minutes 5/12/75 -4- City Manager Thompson answered inquiries as to why the cost of xeroxing copies of documents has been set at $1.00 for the first copy and 50c for each additional copy, He said the principle reason for this particular fee is to offset the cost incurred by City staff members to retrieve data for duplication; also, the fee will discourage citizens from requesting duplication of various papers from City Hall staff; and it is felt such material can be duplicated on the xerox machine located in the Library or taken to a nearby commercial duplicating establishment. AYES, 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto RESOLUTION NO. 3118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AN INTERIM AGREEMENT FOR ANIMAL CONTROL SERVICE The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading, City Attorney Sorensen pointed out that the agreement runs until December 31st and has no provision for termination. City Manager Thompson suggested inserting a statement for 30-day cancellation notice. He said it is hoped during the interim period of the agreement to look at different. options for animal control, including a private company, California Animal Control, Discussion followed. On the advice of the City Attorney, the following clause was inserted at the end of Paragraph 7 of the agreement: "Provided, however, City may terminate this agreement upon 30 days written notice." It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3118. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Councilman Jennings requested the City Manager to give a complete report on an.-mal control as to the cost to the City as compared on a comparative basis with the Countv and to review private operations. Mayor Pro Tem Temple declared a recess at 8:30 p.m. The meeting resumed at 8:39 p.m., with Council Members Winton, Scotto, Jennings, Temple presen.t; Council Member DiLoreto absent. Cash Contract #366, Wilderness Park Southwest Parking Lot Councilman Jennings mentioned as a member of the Budget Committee and in reviewing the budget, he would not want to vote for any capital expenditures until the City has a balanced budget. He suggested this be taken under submission until after July 1st. Parks & Recreation Director Neavill reviewed the parking problems that have occurred on various occasions at the park and urged the Council to act as early as possible. He said the estimated cost is over the budget allocation, however, there are some projects under capital improvements that are not going to be completed this year, so it is anticipated funds will be available. Mayor Pro Tem Temple concurred that this matter should be withheld until budget time. Councilwoman Scotto asked if there have been complaints received from residents in the area. Mr.. Neavill replied complaints were received regarding the dust created by vehicles parking at the southerly portion of the park. The matter was taken under submission until budget time. Cash Contract #SS-223, Fifth Street Widening, Downey Avenue to Lakewood Boulevard Mayor Pro Tem Temple inquired if there was anyone present who wished to address the City Council, Council Minutes 5/12/75 -5- UVO Mr. Fred Speer, 8509 Fifth Street, presented an addition to the petition request_4ng cancellation of the project. He said the majority of Fifth Street residents dj_sagree with almost every point in the Environmental Impact Report, and inadequate notice pre- vented the residents from properly participating in this project. He requested the project be cancelled or delayed until a better study can be done. Community Development Director Spindel reported the project has been under study for a long time and meetings were held with the residents. He said as far as aotif.ca.- tion under the law on the preparation of the EIR, all that is required is a legal notice in the newspaper prior to considerations by the Planning Commission and City Council, and the notification was given. There was a slide presentation showing the areas of Fifth. Street proposed for widening' Responding to points raised in the letter from residents on Fifth Street, Mr. Spindel said the street when widened would be 40 feet from curb to curb with 20 feet on each side of the center line, making the overall width safer for all vehicles, He stared there would be two general improvements added for safety of entering and exiting driveways because the driveway approaches would be widened and constructed with a new standard and a parking lane allowed on each side of the street to provide ample room to back out of driveways and still remain on one side of the .street. Mr. ,Spindel indicated there may be the possibility of some impaired visibility from parked cars, but it: j,.s not considered to be significant. He reviewed the proposed general plan for the area and noted Fifth Street is designated as a collector street with the residential zoning R-3. Mr. Spindel said it is felt the widening will not generate additional traffic but will provide for a smooth flow of traffic with less congestion which could reduce noise and air pollution. He explained if the trees are not removed they will soon cause damage to any repaired curbs, gutters and sidewalks, and to repair the street without widening would not correct existing safety and traffic problems. In conclusion, Mr. Spindel stated since the widening of Fifth Street is in conformance with. the General Plan. additional expense for retention of a private consulting firm to prepare the FIR was not felt to be justified. Mr. Speer commented on the slide presentation and questioned whether the widenj.ne will do any good, Discussion followed. Mr. Jim Bunk, 8338 Fifth Street, spoke in opposition to the proposed widening. Mr. Spindel explained the widening will be done in three phases. Stage one is from,. Brookshire to Birchdale, stage two is from Birchdale to Lakewood, and stage three is from Downey to Brookshire. He mentioned undergrounding of utilities has been. recommended by the Planning Commission in conjunction with the street widening, and if an underground district is set up the property owners will pay for the conversion of their services to the street. He pointed out the cost to the City of acquiring five feet right-of-way between Brookshire and Birchdale could be much more than the cost of the undergrounding. Mr. Spindel responded to questions by Mr. Speer. Mr. Robert Turner, Manager of the apartments at 8356 and 8353 Fifth Street, spoke in opposition to the proposed widening and suggested it might create more traffic. Councilman Jennings pointed out that he has been assured there will be left. turns at the intersections when the street is widened. Responding to questions, Mr. Spindel reported on the different widths of Fifth Street between Lakewood Boulevard and Downey Avenue and commented on the easements and right-of-way to be acquired. Councilwoman Scotto suggested taking this matter under submission to allow staff to meet with people in the community. Mayor Pro Tem Temple said Fifth Street is unsafe and the project should he com- pleted as quickly as possible. Councilman Jennings stated he would be in favor of taking this matter under submission if that is Councilwoman Scotto's desire. Mr. Spindel said this project has been budgeted for quite a few years and held in abeyance. Council Minutes 5/12/75 -6- 0-1411 Councilman Winton commented that the recommended action before the Council is to authorize the plans and specifications. He questioned whether another EIR would be required. City Attorney Sorensen explained another EIR would depend on the extent of the modification, and no public hearing would be necessary for an EIR. He stated if other changes or modifications were made, portions of the EIR would possibly need changing and review by the agency that prepared the EIR, and this would call for a 30-day waiting period. It was moved by Councilman Winton, seconded by Mayor Pro Tem Temple, and passed by the following vote to approve the Environmental Impact Report and the Addenda thereto on Cash Contract #SS-223, Fifth Street Widening - Downey Avenue to Lakewood Boulevard.: approve the scope of the work as proposed in the report; and authorize the prepacat:r"ion of plans and specifications for the portion between Birchdale Avenue and Lakewood Boulevard. AYES: 3 Council Members: Winton, Jennings, Temple NOES: 1 Council Member: Scotto ABSENT: 1 Council Member: DiLoreto Mr. Spindel inquired if this means that the City will also consider the undergrounding and set a date for hearing. Mr. Sorensen replied it would only be included if it were set out in the recommendation. Councilman Winton asked about the scope of work. Mr. Spindel stated the scope of work is as stated in the EIR. Mr. Sorensen said it is the indication of Council that it wishes to proceed, and the step should be for Council to first approve and certify the EIR, It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve and certify the EIR on Cash Contract 4iSS-223, Fifth Street Widening - Downey Avenue to Lakewood Boulevard. AYES: 3 Council Members: Winton, Jennings, Temple NOES: 1 Council Member: Scotto ABSENT: 1 Council Member: DiLoreto Mr. Sorensen said there should now be another motion to approve preparation of the plans and specifications. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to approve preparation of the plans and specifications for the portlo.. between Birchdale Avenue and Lakewood Boulevard on Cash Contract #SS-223, Fifth Street. Widening. AYES: 3 Council Members: Winton, Jennings, Temple NOES: 1 Council Member: Scotto ABSENT: 1 Council Member: DiLoreto Mr. Sorensen said it is his understanding the request for undergrounding utilities will be presented at a later date. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize the retention of Burke, Williams and Sorensen as legal counsel for Assessment District No. 109 Texas Street et al. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to award Cash Contract #SS-303, _Slurry Seal, Fiscal Year 1974-75, in the amount of the unit prices bid, to Chamber -Mix Concrete, Inc., the lowest and best bidder, and reject all other bids. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Council Minutes 5/12/75 -7- Following a summation of bids, it was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #SS-305, Imperial Highway and Florence Avenue, in the amount of the unit prices bid, to Sully - Miller Contracting Company of Long Beach, the lowest and best bidder, reject all other bids, and authorize the following transfer of funds: Amount From To $7,500. A/C #2616162 A/C #2616163 Mayor Pro Tem Temple indicated he will abstain from voting because Sully -Miller is a subsidiary of Union Oil Company (his employer). AYES. 3 Council Members: Winton, Scotto, Jennings ABSENT: 1 Council Member: DiLoreto ABSTAIN: 1 Council Member: Temple Following a summation of bids, it was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #355, Castana Avenue, Gunderson Avenue, and Reydon Street, in the amount of the unit prices bid, to Lorco Properties, Inc., of Montebello, the lowest and best bidder, reject all other bids, and waive the Bid Bond irregularity. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto It was moved by Councilman Jennings that Cash Contract #372 Sidewalk Florence Avenue at Wilderness Park, be withheld until after the budget sessions are complete as not being of high enough priority to go ahead with it. Following discussion and on the advice of the City Attorney, Councilman Jennings withdrew his motion. Following a summation of bids, it was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #372, Sidewalk, Florence Avenue at Wilderness Park, in the amount of the unit prices bid, to .Sully -Miller Contracting Co. of Long Beach, the lowest and best bidder, and reject all other bids. Mayor Pro Tem Temple advised he will abstain from voting on this matter. AYES: 3 Council Members: Winton, Scotto, Jennings ABSENT: 1 Council Member: DiLoreto ABSTAIN: 1 Council Member: Temple Employees Health Insurance Program City Manager Thompson stated a number of meetings and conversations have been held with various employee groups of the City to answer questions, and the Downey City Employees Association has advised they have withdrawn any objections they may have indicated. He said the plan calls for continuation of the same coverage that now exists under the Blue Cross -Phoenix Mutual Plan, and it would also be the same for rretireeb that they could pay the premium on the basis of the group rate and continue under the plan. Mr. Thompson pointed out it would be the City's purpose to prepare the group rate on the basis of experience, and it would be in line on a self -funding program or less than the going rate under a similar program; that if it appears the City's experience would exceed that private plan, then it would be up to staff to indicate possibility of going back under a private plan. Mr. Thompson stated he has had extended discussions with the attorney representing the Firemen, and he believes their questions have been answered. Finance Director Patton responded to questions regarding stop loss and major medical coverage. Duri.ng'discussi.onit was pointed by Mr. Thompson that R. L. Kautz is probably the largest administrator of self-insurance primarily on Workmen's Compensation. Mr. Patton said R. L. Kautz is administering a number of corporate clients in this area; the City of Downey has a personal working relationship with R. L. Kautz and is aware of its professionalism and abilities. He said R. L. Kautz will treat the insurance claims in a personal manner, and there will be a faster turn around of the claims, which. is one of the benefits of this program. Council Minutes 5/12/75 -8- It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve a self -funded program for Employee Health Insurance by reaffirming the present Schedule of Benefits, authorizing the Mayor to execute an Administration Agreement with R. L. Kautz & Co., and by authorizing the Director of Finance to secure necessary stop -Loss insurance for the program. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Report on Los Coyotes Interceptor Sewer Councilman Jennings said he has no objection other than to request that construc- tion be between the months of May 1st and September 30th. Community Development Director Spindel said the way construction is staged in several increments, the project will take two years to complete. Mr. Dane Fuller, with the staff of the Sanitation District of Los Angeles, indicated this project is divided into four separate contracts that will hopefully be let and awarded sometime this summer. He stated the Board of Directors of the Sanitation District is presently reviewing the project and should act on this as soon as approval is received from the EPA. Mr. Fuller reported the second phase of the contract is in Downey, and in one section the construction is expected to last 18 months and will be conducted toward the end of the two-year period. Councilman Jennings asked about storage of the dirt. Mr. Fuller replied the dirt will be loaded directly onto trucks from the operation of digging and put into the trenches as back fill or transported out of the area as excess material. Discussion followed. Councilman Winton indicated he would like a letter from the Sanitation District or someone explaining why the City recently completed paving on Gardendale, and it is now being torn up again. Councilman Jennings said he understands the need for this project and what it is for, but he will not vote for it if it is going to be done in the winter time, because it is too much to ask of the people. No action required. Rio San Gabriel Bikeway Bridge, Foster Road - File No. 1609.27 and 1708 Councilman Jennings suggested this matter be postponed until after budget. Community Development Director Spindel said it is his understanding the application for FAU funds will be closing down. He mentioned the City of Norwalk has approved a program as a cooperative project at the City of Downey's request. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to authorize the establishment of an FAU project to construct a bicycle bridge across the Rio San Gabriel Flood Control Channel at Foster Road. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Mayor Pro Tem Temple inquired when the Bicycle Report will be presented from Staff. Mr. Spindel replied within the next month. Recycling of Solid Waste, Approval of Agreement It was moved by Councilwoman Scotto and seconded by Councilman Jennings to approve in substance the agreement for recycling of solid waste and authorize the Mayor to sign upon approval of the City Attorney. AYES: 2 Council Members: Scotto, Temple NOES: 2 Council Members: Winton, Jennings ABSENT: 1 Council Member: DiLoreto Motion failed. Councilman Winton commented on the failures of similar programs through the years and said it was the intent and thought of this program to employ the youth. Coun.ci.l. Minutes 5/12/75 -9- Mayor Pro Tem Temple requested this matter be brought back on the next agenda. Councilwoman Scotto said she knows of no other project of this kind that has taken place in any other city, and the contract is written so that within 30 days if the Council decides it is not profitable it can drop out of the contract. City Attorney Sorensen said any matter such as this can be brought back. Discussion followed. The matter was directed to be placed on the next agenda. It was moved by Councilman Jennings, seconded by Mayor Pro Tem Temple, and passed by the following vote to approve building permit for construction of a triplex at 10513 Western Avenue. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize payment and appropriate $1,391. from'. the General Fund balance to Account #3441.0070 for Lot Cleaning. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Request of Kenneth J. Miller for Hearing on Utility Users Tax Mr. Miller was asked if this is an appeal to his bill or the concept of the Utility Users Tax. He said it relates to the tax in its entirety but would also relate to the inaccuracy of his bill. City Attorney Sorensen reviewed Section 6192 of the Downey Municipal Code setting forth the requirements for which a hearing is set by the City Clerk. He said the extent of the ordinance relates to a protest of the individual users bill and the grounds for the protest would be set forth in the notice requesting the hearing. Mr. Sorensen mentioned Mr. Miller's letter does not set forth the grounds, however, that is a matter the Council may waive. Discussion followed. Mr. Miller said under conditions of the ordinance the only thing he could address himself to is the inaccuracy of the amount of his bill and the billing period, and anything else could be said under oral communications or meet with the Budget Committee. City Clerk Shand set the hearing on Mr. Miller's request for 8:00 a.m., May 27, 1975, in the Council Chambers of the Downey City Hall. Mayor Pro Tem Temple indicated he will have the City Manager get in touch with Mr. Miller in regard to a meeting with the Budget Committee. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to approve Acceptance of Right -of -Way Dedication in exchange for improvements at 8551-53 Eucalyptus Street. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Proposed Municipal Budget for Fiscal Year 1975-76 Councilman Jennings suggested May 27th for opening the hearing; that the public hearing be continued to June 9th and closed; that a study session be set for the week of June 16th; and the budget be adopted June 24th. Mayor Pro Tem Temple said hopefully the Budget Committee will have something to present to the Council before June 9th. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to set a hearing on the Proposed Municipal Budget for Fiscal Year 1975-76, for 8:00 a.m., May 27, 1975, in the Council Chambers of the Downey City Hall. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto Council Minutes 5/12/75 -10- CITY MANAGER'S REPORT It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize the City Manager to proceed with the advertising of the Old No. 1 Fire Station for lease or purchase of the site. AYES: 4 Council Members: Winton, Scotto, Jennings, Temple ABSENT: 1 Council Member: DiLoreto City Manager Thompson advised that this morning he has signed an Amendment to Agreement with the Downey City Employees Association in conjunction with their re -opener agreement based upon the cost of living. He said this amendment would provide that all miscellaneous employees shall receive a four percent increase, effective the first pay period of May, the four percent to be paid into the City's share of its retirement. He recommended approval of this amendment to agreement. Mayor Pro Tem Temple asked how much this will cost the City. Mr. Thompson replied the approximate cost for May and June in the General Fund will be approximately $16,000 for the rest of the fiscal year. Responding to questions, Mr. Thompson stated there are only about two cities, Santa Fe Springs and West Covina, that are now doing this, and a number of other cities are considering it. He indicated the City's amount of the payment is the same whether it is applied to a salary or paid towards the employee's retirement pay; this was left to the employees' discretion, and they chose it to be a reduction in their retirement pay. Councilman Jennings said he is concerned that this is setting a precedence in the City. Councilman Winton mentioned this allows an employee to take home more of his gross and receive better benefits. Discussion followed. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the amendment to agreement with the Downey City Employees Association for a four percent cost of living increase. AYES; 3 Council Members: Winton, Scotto, Temple NOES: 1 Council Member: Jennings ABSENT; 1 Council Member: DiLoreto ORAL COMMUNICATIONS Mr® William B. Cole, Manager of the Downey Chamber of Commerce, presented a resolution requesting Expeditious Construction of Bridge Improvements on Florence Avenu at the Rio Hondo Channel. He said he has been informed that earlier this evening the City of Bell Gardens voted to authorize the signing of the bridge agreement. Mr. Cole also presented a resolution requesting the Cities of Downey and Bell Gardens enter into negotiations regarding the Future Status of Certain Real Properties lying Partially within the Corporate Limits of both Municipalities, which he read in its entirety. City Manager Thompson commented if the City Council wishes to pursue this matter first it must legally develop an Environmental Impact Statement. Further comments were rendered by Mr. Brownie Zabela, Executive Manager of the Bell Gardens Chamber of Commerce. Mr. Ken Miller, 7336 Cleargrove Drive, stated his concern regarding the Rio Hondo Channel and commented on the Utility Users Tax. Mr. Donald Riggs, 9424 Tweedy Lane, invited the Council to attend the Memorial Day Services to be held in the Downey Plaza on May 26, 1975, at 11:00 a.m. He said the pro- gram will be under the auspices of the Allied Activities Committee of the City of Downey and Downey area, and he asked for assistance from the City and a liaison man to help welcome their guest celebrity. Mayor Pro Tem. Temple indicated he will be present at the ceremony and asked Mr. Riggs to contact the City Manager to clarify the needs. Councilman Jennings inquired regarding the status of his previous request for a report on what the 10-year cost would be to purchase Water Rights - Rio Hondo Golf Course. Council Minutes 5/12/75 -11- 511 City Manager Thompson stated the report will be forthcoming after it is reviewed by the Parks & Recreation Commission and the Water Board. Councilman Jennings cautioned the Council to carefully review a Legislative bill making SCAG the official Comprehensive Regional Planning Agency for the Southern California area. Commenting on Food Prices at the Rio Hondo Golf Course, Councilman Jennings said after making a price comparison with other restaurants in the area, he reiterates that the price of hamburgers are too high at the golf course. Councilwoman Scotto appointed Mrs. Marilee Knoll to the Rose Float Committee. City Manager Thompson indicated the Rose Float Committee has asked that additional members be named as soon as possible. Councilwoman Scotto reported on a letter from Supervisor Schabarum asking speci- fically for the City's Transportation Needs. She requested the Council to refer this to the City Manager for reply as to the specific needs. Councilman Winton commented on current inflation and said there is a possibility in the future that the City may have to curtail services or increase revenues. He stated he feels the most regressive form of taxation that can possibly be assessed is Property Tax, and if a person improves his home, the assessed value is increased and results in additional property tax. Councilman Winton indicated he would like to see a mutual recommendation from staff and Budget Committee of what revenues can be proposed to offset expected inflation in future years. Mayor Pro Tem Temple asked the City Manager to prepare for the Mayor's signature a response to Supervisor Schabarum regarding the City's Transportation Needs. Referring to the retirement home at Second and Myrtle, Mayor Pro Tem Temple asked the City Planner to check into safety precautionsfor the alley immediately adjacent to the south side of the building. There being no further business to come before the City Council, the meeting was adjourned at 11:22 p.m. Robert L. Shand, City Clerk- reasurer Walter S. Te e, Mayor fro Tempore Council Minutes 5/12/75 -12-