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HomeMy WebLinkAboutMinutes-06-24-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 24, 1975 T A B L E O F M I N U T E A C T I 0 N S SUBJECT: ACTION• Presentations to Robert Brace & William Ralls Removal of Items from Consent Calendar Minutes, June 9, 1975 Approved Agenda Correspondence Items Filed Denial of Legal Claims: Ref. #232, #233, #234, #235, #236 Approved CC #SS-298, Gardendale St./Foster Rd.; Lakewood to Regentview - Accept improvements Approved General Warrants #138520-138766; #148280-148314; #201564-201580 Approved Grant of Easement to General Telephone Co. across Parking Lot N/o Second St. E/o Downey Ave., U.U.D. #8 - Authorize Mayor to sign Approved Comm. from City of Bellflower re Development of Nuclear Energy in California Filed Ordinance Amending DMC Sec. 3179 re Truck Rts. Introduced Ordinance Amending DMC re Restricted Speed Limits on Washburn Rd. bet. Woodruff & Bellflower Introduced Ordinance Amending Sec. 8100,8100.2,8101, Art. VIII, DMC Introduced Ordinance Amending DMC, Adopting by Reference the 1973 Uniform Building Code Ordinance Amending DMC re Housing Code Ordinance Repealing & Adding Secs. to DMC re Uniform Plumbing Code, 1973 Edition Ordinance Amending & Adding Secs. to DMC, Art. VIII, re Public Health Code of LA County Ordinance Amending & Adding Secs. to DMC, Art. VIII, re Uniform Mechanical Code Ordinance Amending DMC re Dangerous Bldgs. Code Hearing on adoption of afore -mentioned Uniform Codes Ordinance #479 (Emergency), Amending Sec. 9247 & 9247.3 DMC re Land Division Ordinance #480 (Emergency), Adding Sec. 4204.1 to DMC re Duties of Poundmaster Responsibility for Overseeing of Calif. Animal Control to be designated to Health & Environmental Sanitation Comm. Resolution #3134, Approving No Stopping Anytime (Tow -Away) N/s Firestone Blvd. bet. Lakewood & Stewart & Gray (Newville Ave.) & Rescinding Portions of Res. #2234 & 2274 Resolution #3135 Supporting SCRTD Service Imprvmt. Proposals for Cerritos/Mid Cities Area Introduced Introduced Introduced Introduced Introduced Introduced Set for 7/22/75 Adopted as read & revised Adopted Approved Adopted Adopted with additions PAGE NO. 1 1 1 1 1 1 1 1 2 2 2 2 3 3 3 3 3 4 4 4 5 W 5 6 Page 1 of 2 COUNCIL MINUTES, JUNE 24, 1975 TABLE OF MINUTE ACTIONS SUBJECT: Resolution #3136, Approving Contract w/Dept. of Calif. Highway Patrol for Participation in Abandon Vehicle (AVA) Program Resolution Adopting Amended Guidelines re Prep of Environmental Impact Reports CC #376, Noren St. E/o Downey Ave. - Plans, specs & auth. to advertise for bids CC #361, Parrot Ave. - Award to West Coast Paving & auth. transfer of funds ACTION: Adopted Failed Approved Approved Agreement for Property Owners w/trees on Parrot Ave. - Auth. Dept. Comm. Dev. to prepare for ppty owners agreeing to pay all future repairs to curb & gutter damaged by trees; time limit of 30 days on signing agmt.; & ppty owner not signing to have tree removed Approved CC #373, Bldg. Demolition, Downey SE Park - Award to Alexander Land Clearing Inc. & approve expenditure of funds Approved Removal of Parkway Obstructions, Priority One Streets Approved In -Lieu Park Fee for Parcel Map #5507, Telegraph Rd., Serapis Ave., & Cedartree Rd. Approved Bikeway Report Draft, Citywide Bicycle Transportation Program - Send to Planning Comm. & Traffic Comm. for review & resubmittal to Council in final form on 7/22/75 Approved Exchange of R/W for Imprvmts. W/s Woodruff Ave. N/o Firestone (A-4074) Approved FAU Funding - Approve portion for signalization along Foster Rd. & Gardendale St. Approved Three-year contract for Maint. of Office Machines, Bid #7088, beg. 7/1/75 thru 6/30/78 - Auth. Purchasing Agent to contract w/low bidder, Skill Office Machines of Downey Approved Two-year Contract for Trash Pickup & Disposal at Eleven City Locations, Bid #7087, beg. 7/1/75 thru 6/30/77 - Auth. Purchasing Agent to contract w/low bidder, Calsan, Inc. of Downey Approved Reciprocal Use of Facilities Agmt. bet. City & Downey Unified School Dist. -Auth. Mayor to sign Hearing on Planng. Res. #145, Noise Element to Comprehensive General Plan & Planng. Res. #144, Seismic Safety Element to Comprehensive General Plan Resolution #3137, Adopting Fiscal Year 1975-76 Budget w/Implementing Documents Withdrawal from Social Security Councilman Winton - Req. for excused absence from meetings of 7/22/75, 8/11/75, 8/26/75 & 9/8/75 Councilman Temple - Announced resignation from Council approx. 7/31 Approved Set for 7/14/75 PAGE NO. 6 6 7 7 7 7 8 8 8 8 9 9 9 9 t Adopted w/motion to change Exhibit "A" to incl. 70c Ppty. Tax rate & no incr. in Util. Tax 10 No action taken 10 No objections stated 10 10 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 24, 1975 The City Council of the City of Downey held a regular meeting at 8:00 a.m., June 24, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Donald H. Winton, Walter S. Temple, Hazel N. Scotto, Richard M. Jennings, Joseph E. DiLoreto ABSENT: Council Members: None 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 William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Lyle H. Wilkenson, Battalion Chief John H. Saunders, Administrative Analyst Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend David Liddle, First Presbyterian Church, followed by the Flag Salute led by Councilman Temple. At 8:03 a.m., Mayor DiLoreto recessed the meeting to executive session to discuss a personnel matter. The meeting resumed at 8:48 a.m. with all Council Members present. With the assistance of City Manager Thompson and Community Development Director Spindel, Mayor DiLoreto presented a Certificate of Professional Registration to Robert M. Brace, and a Certificate of A.P.W.A. Public Works Inspectors' Course to William R. Ralls, both of the Engineering Division. Removal of Items from Consent Calendar Agenda Item VIII-B-3, Correspondence from City of Bellflower, was removed from the Consent Calendar. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes of the City Council Meeting of June 9, 1975. Communication from Assemblyman Robert M. McLennan, M.D., regarding Opposition to AB 101 and SB 1246. Communication from Public Utilities Commission regarding Application of General Telephone Company of California for Authority to Increase Rates (Appl. #55383). Communication from City of Monterey Park regarding Urging Legislation to Safeguard Municipalities against Arbitrary Cancellation of General Liability Insurance. Denial of Leeal Claims: Ref. #232. Herman G. VanVuren: Ref. 4233_ Garden of Lebanon Sanitarium Inc.; Ref. #234 Fred Hendeles• Ref. #235 Robert Hallman; Mel. VL.)O, Lorence '1. rnoaaes. Cash Contract #SS-298 Gardendale Street/Foster Road; Lakewood Boulevard to Regentview Avenue - Accept improvements completed and responsibility for mainten- ance thereof. General Warrants: #138520 - 138766. 148280 - 148314. #201564 - 201580: $474,304.50. Grant of Easement to General Telephone Company across Parking Lot North of Second Street east of Downey Avenue in conjunction with Underground Utility District #8: to AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Council Minutes 6/24/75 -1- Communication from City of Bellflower supporting Development of Nuclear Energyin California. Councilwoman Scotto commented the substance of the resolution lacks emphasis on conservation. Ordered filed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3179 RELATING TO TRUCK ROUTES The Ordinance 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 Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3186 OF THE DOWNEY MUNICIPAL CODE BY REPEALING SUB -SECTION (u) OF SAID SECTION, WHICH SAID SUB -SECTION RELATES TO RESTRICTED SPEED LIMITS ON WASH - BURN ROAD BETWEEN WOODRUFF AVENUE AND BELLFLOWER BOULEVARD 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: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8100, 8100.2, 8101 OF ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE 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. Councilman Jennings inquired regarding the urgency of this ordinance. Building Official Lake replied there are a number of things contained in the ordinance that the City is adding to its conditions such as the zoning ordinance, and it is necessary this be adopted to replace the emergency ordinance passed several meetings ago. Councilman Jennings indicated he would like to set the public hearing for the first night meeting in August. Discussion followed. Roll call vote: AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Jennings and seconded by Councilman Temple to set a public hearing for the first night meeting in August. City Attorney Sorensen advised the ordinance amending Sections 8100, 8100.2, and 8101 does not need a hearing inasmuch as it is not adopting any portion of the Uniform Building Code. However, he said, there are subsequent ordinances upon which a hearing is required. The motion and the second were withdrawn. Council Minutes 6/24/75 -2- ORDINANCE NO. AN ORDINANCE OF THE CITY OUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8200, 8202, 8204, 8205, 8207, 8209, 8210, 8211, 8218, 8219, 8220, 8222, 8223, 8224, 8228, 8229, 8230, 8238, 8239, 8243 & 8248 OF THE DOWNEY MUNICIPAL CODE, REPEALING SECTION 8240, ADDING SECTIONS 8202.1, 8214.1, 8214.2, 8215.1, 8217.1, 8217.2, 8221.1, 8221.2, 8241.1, 8243.1, 8250, AND 8251 AND ADOPTING BY REFERENCE THE 1973 UNIFORM BUILDING CODE. 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: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8300 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION ADOPTS BY REFERENCE THE HOUSING CODE The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto waffft iferal t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 8500 THROUGH 8521 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 8500 THROUGH 8508 TO THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS ADOPT AND RELATE TO THE UNIFORM PLUMBING CODE 1973 EDITION The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8600 THROUGH 8620 AND ADDING SECTIONS 8621 THROUGH 8626 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, SAID SECTIONS ADOPT BY REFERENCE THE PUBLIC HEALTH CODE OF THE COUNTY OF LOS ANGELES The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8700 THROUGH 8704 AND ADDING SECTIONS 8750 AND 8706 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, SAID SECTIONS ADOPT BY REFERENCE THE UNIFORM MECHANICAL CODE The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. Council Minutes 6/24/75 -3- It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8800 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION ADOPTS BY REFERENCE THE DANGEROUS BUILDING CODE The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to introduce the Ordinance. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto During discussion the City Attorney was asked if it is possible for the Council to set the public hearing for the second meeting in July. He replied it is permissable. Building Official Lake mentioned this ordinance has been reviewed by the Building Industries Association, the Chamber of Commerce, the Realty Board, and various individuals, and they have given their input in writing. He indicated he is sure the Building Industries Association would like to attend the hearing. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote that the hearing on the adoption of each of the afore -mentioned Uniform Codes be set for 8:00 a.m., July 22, 1975, in the Council Chambers of the Downey City Hall. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. 479 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9247 AND 9247.3 OF THE DOWNEY MUNICI- PAL CODE, ALL OF WHICH RELATE TO LAND DIVISION The Ordinance was read in its entirety by the City Clerk. It was moved by Councilman Jennings to adopt the Ordinance. (See later motion.) City Attorney Sorensen suggested that this Ordinance be read a second time at the next meeting, and then in effect it would not only be an emergency ordinance but would be adopted in the normal procedure as well. Mr. Lawrence DeTilla, 7503 Cecilia Street, addressed the City Council regarding the ordinance. Referring to the third paragraph under Section 9247, he suggested there be an addition to the ordinance stating that the filing of a parcel map may be imposed as a condition of approval for the lot split, in which case the requirement for signa- tures on the map of persons with a record title interest may be waived. Otherwise, Mr. DeTilla said, the parcel map ends up as a tract map, and unless local ordinance so provides, all interested parties with a record title interest must sign the map. Mt. Sorensen advised there is no legal problem, and the Council may add this to the ordinance if it wishes. The following was added to the third paragraph under Section 9247 of the Ordinance: "Provided, however, the Planning Commission may require filing of a parcel map as a condition of approval, in which case the requirement of signatures on the map of persons having a record title interest may be waived." Mr. DeTilla commented on the language contained in the Government Code pertaining to parcel maps and stated his concern regarding lot splits and the problems that could occur if there is no provision for appeals to the Planning Commission. Mr. Sorensen explained there is a revision of the Subdivision Ordinance in process at the present time with a number of permissable matters which are allowed under the new Subdivision Ordinance, taking care that the staff and Council will ultimately decide. Council Minutes 6/24/75 -4- ,-: •� Is It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve and adopt Emergency Ordinance No. 479 as read and as revised. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Councilman Jennings requested a report from the City Manager or City Attorney re- garding future emergency ordinances. He said he thinks the proper thing would be to adopt an emergency ordinance for 90 days only and then supplement it with a permanent ordinance. He asked for a written report advising if this would be feasible. Mr. Sorensen advised an ordinance can always be amended or repealed, and if the Council desired, it could add a section to any ordinance it adopted placing a terminat- ing date as to the effectiveness of the ordinance, but it would have to be in each ordinance. ORDINANCE NO. 480 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 4204.1 TO THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO THE DUTIES OF THE POUNDMASTER The Ordinance was read in its entirety by the City Clerk. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Emergency Ordinance No. 480. Mayor DiLoreto pointed out that in the past it has been the policy of the Council with respect to contractors that they be placed under the direction or purview of one of the citizen committee groups. He said he thinks this is a matter that should be placed with respect to policing, overseeing, and checking into rates, care and conti- tion within the purview of the Health and Environmental Sanitation Committee and falls within the ambit of their responsibility. Councilman Jennings asked which department would regulate this. City Manager Thompson replied the most directly involved would probably be the Police Department. Councilman Jennings said he can see no reason why the Sanitation Committee cannot work under two departments. Roll call vote on adoption of the Ordinance: AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Mayor DiLoreto, seconded by Councilman Temple, and passed by the following vote that the responsibility for the overseeing of the California Animal Control be designated to the citizens advisory committee, the Health and Environmental Sanitation Committee. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A NO STOPPING ANYTIME (TOW -AWAY ZONE) ON THE NORTH SIDE OF FIRESTONE BOULEVARD BETWEEN LAKEWOOD BOULEVARD AND STEWART AND GRAY ROAD (NEWVILLE AVENUE) AND RESCINDING THOSE PORTIONS OF RESOLUTION NOS. 2234 AND 2274 AFFECTING THIS AREA 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. 3134. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT SERVICE IMPROVEMENT PROPOSALS FOR THE CERRITOS/MID-CITIES AREA Council Minutes 6/24/75 -5- 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 and seconded by Councilman Temple to adopt Resolution No. 3135. (See amended motion.) Councilwoman Scotto suggested the following language be added to the first para- graph: "noting there remains a need for intra-city service and more frequent time schedule." Councilwoman Scotto also requested Section 1. read as follows: "Section 1. That the City of Downey does hereby declare that it supports the Southern California Rapid Transit District bus service improvement proposals with the agreed -upon changes for the Cerritos/Mid-Cities Area." Mayor DiLoreto mentioned he was informed by Supervisor Schabarum that there is no guarantee the City of Downey will ever get buses under the proposed system because apparently the Board of Supervisors adopted a grid system with respect to Supervisor Hahn's district, in Mayor Bradley's area, and all of the buses designated for use in Downey's area, if the grid system is adopted, will no longer be available. With the consent of Councilman Temple, Councilman Winton amended his motion. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3135 with the language additions requested by Councilwoman Scotto. AYES: 4 Council Members: Winton, Temple, Scotto, DiLoreto NOES: 1 Council Member: Jennings Mayor DiLoreto mentioned if the City is going to see the RID plan implemented, the RTD is going to have to go against the wishes of the Board of Supervisors and Mayor Bradley. He further mentioned that Mr. Price, Chairman of the RTD, has indicated he is in favor of the grid system which would reduce the services Downey would normally ---- receive. Councilwoman Scotto said she would speak to Mr. Price. RESOLUTION NO. 3136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN THE ABANDON VEHICLE (AVA) PROGRAM 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. 3136. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING AMENDED GUIDELINES RELATIVE TO THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS 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 and seconded by Councilman Temple to adopt the Resolution. Councilman Jennings indicated due to the budget he has not had time to read this and he would not like to adopt it today. Mayor DiLoreto agreed. AYES: 2 Council Members: Winton, Temple NOES: 3 Council Members: Scotto, Jennings, DiLoreto Motion failed. Council Minutes 6/24/75 -6- '..R It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve plans, specifications, and grant authority to advertise for bids on Cash Contract #376, Noren Street, East of Downey Avenue. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Cash Contract #361 Parrot Avenue Councilman Temple commented on a public meeting between himself, staff, and the property owners on Parrot Avenue. He mentioned four alternatives were worked out, with the most desirable alternative being that the property owners wishing to keep their trees would sign an agreement for future curb and gutter repairs caused by tree damage; otherwise, the trees would be removed. Councilman Temple urged the Council to go along with the proposal to give the property owners the option to sign the agreement, to main- tain their trees, and pay for all future repairs,or to have their trees removed. Councilman Jennings inquired if the City would replace curbs and gutters now, and then if tree damage is caused in the future the property owners would pay for repairs. Councilman Temple replied yes. Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to award Cash Contract #361, Parrot Avenue, in the amount of the unit prices bid, to West Coast Paving of Covina, the lowest and best bidder, reject all other bids, and authorize the following transfer of funds: Amount From To $5,000.00 A/C #2711341 A/C #2711354 AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to authorize the Department of Community Development to draw up an agreement for the property owners with trees on Parrot Avenue that they would agree to pay for all future repairs to the curb and gutter damaged by the trees on that street; that there be a time limit of 30 days placed on the signing of agreements; and if a property owner does not sign the agreement the tree will be removed. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Cash Contract #373, Building Demolition, Downey Southeast Park Councilman Winton inquired if there were adequate provisions in the contract to protect shrubbery, growth, and vegetation around the buildings and whether utilization of either of the buildings is possible. City Manager Thompson explained inspections have been made by the Building Division, and extensive, rehabilitation would be required to make the building. useful. Mr. Thompson said the code requirements make it mandatory the building be stuccoed, floor joists and wiring would have to be replaced, and the building reroofed. Building Official Lake answered questions of the Council regarding other code requirements involved. Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to award Cash Contract #373, Building Demolition, Downey Southeast Park, in the amount of the price bid, to Alexander Land Clearing, Inc. of Carson, the lowest and best bidder, reject all other bids, and approve the expenditure of funds in the amount of $1600 from Account _. #40-17100. Concern was stated regarding the proper bond requirements for damage to vegetation. Community Development Director Spindel pointed out the specifications call for a faithful performance bond and liability insurance, including property damage. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve Removal of Parkway Obstructions, Priority One Streets. Council Minutes 6/24/75 -7- Referring to Brookshire Avenue north of Cherokee Drive, Councilwoman Scotto staffed her concerns for putting walkways in an area where the City does not have the right-of- way. She called for tying this program in with bikeways. Mayor DiLoreto indicated there will be hardships in certain cases, however, the program is being set up on a fair and equitable basis without showing partiality. Community Development Director Spindel mei,tAcued eventually Brookshire is going to be widened. He said the first step would be to remove parking from that area. AYES: 4 Council Members: Winton, Temple, Jennings, DiLoreto NOES: 1 Council Member: Scotto It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to approve the In -lieu Park Fee for Parcel Map #5507, Telegraph Road, Serapis Avenue, and Cedartree Road. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple that the Bikeway Report Draft, Citywide Bicycle Transportation Program, be sent to the Planning Commission and the Traffic Committee for review and resubmittal to the Council in final form at its regular meeting of July 22, 1975. Councilwoman Scotto indicated she would like to see a public work shop held on this. Councilman Temple suggested people be notified that the Traffic Committee and Planning Commission will be studying this and they can get their input in at those meetings. Community Development Director Spindel said the Bikeway Committee sent out questionnaires throughout the City and input was received from all of the various City departments and the Downey Unified School District. The motion was seconded by Councilman Winton and passed by the following vote: AYES: 4 Council Members: Winton, Temple, Jennings, DiLoreto NOES: 1 Council Member: Scotto It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote approve a request for Exchange of Right -of -Way for Improvements on the West Side of Woodruff Avenue North of Firestone Boulevard (A-4074). AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared a recess at 10:32 a.m. The meeting resumed at 10:42 a.m. with all Council Members present. It was moved by Councilman Winton and seconded by Councilman Temple to approve the ation of FAU Funds among several projects, as recommended. (Motion retracted page Councilwoman Scotto stated she does not feel the appropriation for buses should be changed. She discussed Senate Bill 325 which would open up funds to local communities and said there is a possibility this would occur before the three-year period of the FAU funding. Councilwoman Scotto further commented on studies being undertaken by the State and the League of California Cities to allow a portion of these funds to come back into local communities for operational funds. She pointed out these funds can be used for bikeways and spoke in favor of using the funds for a bikeway bridge on Foster Road. Mayor DiLoreto indicated he is opposed to establishing a bus system even with Federal funds and suggested the bus system be deleted from the proposal for FAU Funds. Councilman Temple inquired if another project could be established. Community Development Director Spindel mentioned the City Council has already speci- fied as another project for FAU funds the widening of the San Gabriel Bridge of Florence Avenue. Councilman Temple suggested if a bus system is approved that the Council institute a special tax to be placed on the ballot for the people to vote on whether or not they want to expend their tax dollars for buses. Discussion followed. Council Minutes 6/24/75 -8- Councilman Winton retracted his motion to approve. He asked what effect this Sfl` 82 would have relative to funding any other projects. Mr. Spindel replied County Supervisor Schabarum sent a letter about joining in on the County's signalization on three streets. He said it is staff's recommenda- tion that the City only join in as far as the signals at Foster Road are concerned. It was moved by Councilman Winton, seconded Dy Councilman Jennings, and passed by the following vote to approve that portion of FAU Funding for signalization along Foster Road and Gardendale Street. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to authorize the Purchasing Agent to contract with the low bidder, Skill Office Machines of Downey, for a Three -Year Contract for Maintenance of Office Machines, Bid #7088. beginnine July 1. 1975.throueh June 30. 7g7R_ AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize the Purchasing Agent to contract with the low bidder, Calsan, Inc. of Downey, for a Two -Year Contract for Trash Pickup and Dispos. at Eleven (11) City Locations, Bid #7087, beginning July 1, 1975, through June 30, AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to authorize the Mayor to sign the Reciprocal Use of Facilities Agreement between the City and the Downey Unified School District. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to set a hearing on Planning Resolution #145, Noise Element to the Comprehensive General Plan, and Planning Resolution #144, Seismic Safetv Element to the Comprehensive General Plan, for 7:30 p.m., July 14, 1975, in the Council Chambers of the Downey City Hall. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto narrated a pictorial presentation of the Budget for Fiscal Year 1975-76, showing the catastrophic effects various price increases have had on the City's budget. He noted the items viewed with respect to increases in costs are only items the City is required to provide by Charter. RESOLUTION NO. 3137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 1975-76 BUDGET WITH IMPLEMENTING DOCUMENTS The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 3137. Commenting on the Council study sessions, Councilman Temple indicated discussions were held regarding a six cent increase in Property Tax and a one cent increase in Utility Tax, plus reduction of personnel by ten. He said that -after considerations and further study, ..it..is hisopinion it would be more beneficial to the average citizens of the City to have an increase in Property Tax rather than the Utility Tax. Therefore, Councilman Temple proposed that the Property Tax be increased 16 cents with no increase in Utility Tax, which he said would provide for State subventions and be cheaper for the average person who would not spend as much for taxes out-of-pocket. Mayor DiLoreto indicated he is in favor of raising the Property Taxes but feels a better alternative would be to increase the Utility Users' Tax by one percent. He said the Utility Tax would be levied on a 12-month period of time, would be less disasterous on the property owners who have to pay their Property Tax twice a year, and would also give the City the benefit of cash flow out of the money on a monthly basis. Council Minutes 6/24/75 -9- Councilman Winton made a comparison of Property Taxes in the surrounding area 03 said the normal Property Tax rate is $1.15. He said Downey has held to long-standing rate but has levied other taxes. Cn. Winton spoke in favor of the Property Tax increase rather than an increase in Utility Users' Tax. Councilwoman Scotto agreed with Councilman Winton. She said the Utility Tax is a "hardship tax", and she favors allocating any increased revenues from Property Tax into the General Fund and not be restricted solely for library expenditures. Councilman Jennings said he thinks the philosophy of taxes is that a users tax is a more fair tax and is a less regressive method of taxation in the United States. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to change Exhibit "A" of the Budget Resolution to show a General Property Tax Rate of 70 cents per hundred assessed valuation and elimination of the increase in Utility Tax. Discussion followed regarding the effect on estimated revenues in view of an increase of the Property Tax rate and no increase on the Utility Users' Tax rate. Councilman Jennings commented on $253,000 transferred from the Cigarette Tax into Salary Benefits. Finance Director Patton reminded the Council of the commitment on the money re- quired for the Capital Projects in the Golf Course Fund. He indicated there are not sufficient funds within the Golf Course Fund for the projects which have been approved by the Council. Councilwoman Scotto mentioned previous discussion was held regarding the parking lot at Wilderness Park, which was to be brought back at Budget time. Roll call vote on adoption of Resolution No. 3137 and motion to change Exhibit "A" to include a 70-cent Property Tax rate and no increase in Utility Tax: AYES: 3 Council Members: Winton, Temple Scotto NOES: 2 Council Members: DiLoreto, Jennings Councilman Winton commented that the intent behind the Utility Users' Tax when implemented was to review the tax income annually for the purpose of possibly reducing the rate. Mayor DiLoreto indicated the Council might want to consider whether it wants to take formal action with respect to withdrawal from Social Security. Councilman Jennings stated the budget as presented was approved without funds to pay for Social Security, and no other action is necessary regarding withdrawal from Social Security. ORAL COMMUNICATIONS Mayor DiLoreto welcomed students from the MGM Program on City Government and their instructor, Mr. Kent. Mr. Ken Miller, 7336 Cleargrove Drive, commended Councilman Temple for his reversal on raising the Utility Users' Tax and thanked the other Council Members who voted for the change. Councilman Winton requested an 22. 1975. August 11. 1975. Aug were statea. No objections Councilman Jennings asked that Councilman Winton submit any written comments he might have relative to the Building Code prior to his absence. Councilman Temple announced that his employer is transferring him to the State of Texas and, therefore, he will be resigning from the City Council. He said the last meeting in July will probably be his last meeting on the Downey City Council, and the last day of July will more than likely be his official resignation date. Councilwoman Scotto said she feels the Council as a whole should sit in on all sessions of Budget Study. Mayor DiLoreto expressed regret pertaining to the announced future resignation of Councilman Temple. There being no further business to come before the City Council, the meeting was adjourned at 11.53 a.m. Robert L. Shand, City Clerk -Treasurer Jos h E. DiLoreto, Mayor Council Minutes 6/24/75 -10-