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HomeMy WebLinkAboutMinutes-07-14-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 14, 1975 T A B L E O F &I N U T E A C T I O N S SUBJECT: ACTION: DIP #667, S/s Luxor bet. Karmont & Mitla - PAGE NO. Auth. Dept. Comm. Dev. to proceed w/const. Approved 2 DIP #668, W/s Mitla bet. Luxor & DePalma Auth. Dept. Comm. Dev. to proceed w/const. Approved 2 DIP #669, E/s Brookshire bet. Cleta & Luxor - Auth. Dept. Comm. Dev. to proceed w/const. Approved 2 DIP #670, E/s Brookshire bet. Fontana & Luxor - Auth. Dept. Comm. Dev. to proceed w/const. Approved 3 DIP #671, W/s Brookshire bet. Cleta & Davis - Auth. Dept. Comm. Dev. to proceed w/const. Approved 3 Noise Element of Comprehensive General Plan Certify Environmental Impact Report Approved 4 Resolution #3138, Adopting Noise Element of Comprehensive General Plan Adopted 4 Seismic Element of Comprehensive General Plan - Certify Environmental Impact Report Approved 5 Resolution #3139, Adopting Seismic Element of Comprehensive General Plan Adopted 5 Removal of Items from Consent Calendar 5 Agenda Correspondence Items Filed.' 6 Denial of Legal Claims: Ref. #237, 238, 239, 240, 242, 243 Approved 6 CC #SS-276, Brookshire Ave: Imperial to Gardendale: Plans, specs & auth. to advertise Approved 6 CC #SS-291, Woodruff Ave., Firestone to Fostoria: Plans, specs & auth. to advertise Approved 6 General Warrants: #138770 - 139136 #143315 - 148357 #201581 - 201627 Approved 6 Resolution #3140, Apprvg. Reappointment of Gano Culwell to Personnel Advisory Board Adopted 6 Resolution #3141, Apprvg. Reappointment of Mike Huggins to Water Board Adopted 6 Resolution #3142, Urging State Legislation to Safeguard Municipalities re cancellation of their Liability Insurance Adopted 6 Minutes, June 24, 1975 Approved 6 CC #SS-295, Brookshire Ave., Firestone to S/o Stewart & Gray - Plans, specs. & auth. to advertise & add°1 widening W/s only from Approved; property owners to be Stewart & Gray approx. 200' sly. notified 7 Ordinance #481, Amending DMC Sec. 3179 re Truck Routes Adopted 7 Ordinance #482, Amending DMC re Restricted Speed Limits on Washburn Rd. bet. Woodruff & Bellflower Adopted 7 Page 1 of 3 COUNCIL MINUTES, JULY 14, 1975 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Ordinance #483, Amending DMC re Land Division Adopted 7 Resolution #3143, Ordering Dir. Comm. Dev. to Make Report (Annex. 75/25, Downey -Norwalk Rd.) Adopted 8 Report, Annex. 75/25 Received & filed 8 Resolution #3144, Declaring Intention to Annex to City Lighting Dist. (Annex. 75/25) Adopted 8 Resolution #3145, Acquisition of Certain Real Ppty. for Public Street Purposes (Fifth St.) Adopted 9 Resolution #3146, Adopting Amended Guidelines re Preparation of Environmental Impact Rpts. Adopted 9 California Animal Control contract Discussion only 9 CC #SS-307, Paramount B1. & Bellflower Bl. Sidewalks - Award of contract Approved 10 CC #375, Annual Sidewalk Const. - Award of contract Approved 11 Bicycle & Pedestrian Funding, 1975-76, SB 821 Allocation Request - Approve submission Taken under submission to of application to SCAG next meeting 11 Sidewalk Matching Funds Policy for 1975-76 Approved 11 Proposed Water Well (S/o Telegraph Just Ely. of Rio Hondo Channel) - Construction for incl. in 1975-76 Capital Imprvmt. Budget & approp. $150,000 from Water Fund Approved 11 Contract bet. City & County for Sheriff's Dept. Participation in SE Burglary Investigation Team Program Approved 12 Co -sponsored Agmts. with Downey Museum of Art, Downey Symphonic Society, Downey Youth Band Sponsors' Club, Downey Junior Athletic Assn., Downey Christmas Parade Comm., Jaycees, Chamber of Commerce, and Downey Civic Chorus Approved 12 Audit of General Revenue Sharing Funds for year ending 6/30/75 & approp. $750 from Fund 21 Approved 12 Quarterly Report from Downey Chamber of Commerce for 4/1 - 6/30/75 Approved 12 Temporary Suspension of Parking Restrictions, 9300 Hall Rd., Bowman Industries to 7/31/75 Authorized 12 __...._.. Rubbish Collection Agmt., Rate Adjustment Formula - Accept until January 1, 1976 & then review & decide whether to go to bid Approved 13 Fire Station No. 1, A-4198 - Reject bids & auth. staff to enter into negotiations for either lease or purchase of property Approved 13 Recess for Executive Session 13 Resolution #3147, Adopting Misc. Employee Adjustments effective 7/7/75 Adopted 13 Resolution #3148, Making Salary Adjustments Effective 7/14/75 Adopted 14 Page 2 of 3 COUNCIL MINUTES, JULY 14, 1975 TABLE OF MINUTE ACTIONS SUBJECT• Resolution #3149, Revising Management - Supervision Pay Plan for 1975-76 Resolution #3150, Adopting Sworn Police Adjustments Effective July 14, 1975 -- Memorandum of Understanding between City Manager & City & Downey Firemen's Assn. as presented by City Manager City Clerk to mail Agendas to Councilman Winton during absence Space Utilization Study - Study meeting between Council & consultants Vacancy in Councilmanic Dist. 3, effective 7/31/75 ACTION: PAGE NO. Adopted 14 Adopted 14 Accepted 15 15 Held for full Council in September 15 Procedure established for considering resumes submitted by interested persons 15 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 14, 1975 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 14, 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Finance Director John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Kenneth B. Stewart, Senior Building Inspector Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Chaplain Frank Peters, Downey Community Hospital, followed by the Flag Salute led by Councilwoman Scotto. Mayor DiLoreto and City Manager Thompson presented Honorary Citizenship Cards to visiting students from Downey's Sister City of Guadalajara. Mr. Scott Temple, President of the Downey -Guadalajara Sister City Association, expressed appreciation to the Council for the cooperation it has shown the visiting students. Mayor DiLoreto and Councilman Winton presented a plaque to William R. Hamilton in recognition for his years of service on the Water Board Mayor DiLoreto and Councilman Winton presented a plaque to Robert F. Durkee in recognition for his years of service on the Planning Commission. Mr. Carl Wopschall, of the Pasadena Tournament of Roses Association, presented a color photograph of Downey's entry in the 1975 Tournament of Roses Parade. He said the parade for 1976 will be the official kick-off event for the 1976 Bi-Centennial Celebration. Mayor DiLoreto and Police Chief Morgan presented a Police Department Commendation to Mrs. Verna Keays for her outstanding and meritorious service to the community. Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 667, South side of Luxor Street between Karmont Avenue and Mitla 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 Councilman Temple, and so ordered to receive and file the Affidavit. Mayor DiLoreto 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 for the construc- tion of sidewalk, driveway apron, curb and gutter, and street paving. He said improvements have been constructed in more than 50 percent of the block, and it is recommended that authority be granted to proceed. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. Mayor DiLoreto 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 Councilman Temple, and passed by the following vote to close the hearing. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Council Minutes 7/14/75 -1- It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 667. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 668, West side of Mitla Avenue between Luxor Street and DePalma Street. 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 Temple, and so ordered to receive and file the Affidavit. Mayor DiLoreto 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 for construction of sidewalks and street paving. He said improvements have been constructed in more than 50 percent of•the block, and it is recommended authority be granted to proceed. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. Mayor DiLoreto 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 Councilman Temple, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 668. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 669, East side of Brookshire Avenue between Cleta Street and Luxor Street. 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 Temple, and so ordered to receive and file the Affidavit. Mayor DiLoreto 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 for construction of sidewalks. He said more than 50 percent of the block had sidewalks constructed, and it is requested authority be granted to proceed. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. Mayor DiLoreto 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 Councilman Temple, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 669. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 670, East side of Brookshire Avenue between Fontana Street and Luxor Street. 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 Temple, and so ordered to receive and file the Affidavit. Mayor DiLoreto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Council Minutes 7/14/75 -2- n Community Development Director Spindel reported this is a hearing for the construc- tion of sidewalks. He said over 50 percent of the block have sidewalks, and it is requested the Department of Community Development be authorized to proceed. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. Mayor DiLoreto 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 Councilman Temple, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 670. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 671, West side of Brookshire Avenue between Cleta Street and Davis Street. 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 Temple, and so ordered to receive and file the Affidavit. Mayor DiLoreto 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 for the construc- tion of sidewalks. He said more than 50 percent of the block has sidewalks, and it is requested the Department of Community Development be authorized to proceed. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. Mayor DiLoreto 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 Councilman Temple, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 671. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on the Noise Element of the Comprehensive General Plan. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. City Planner Goggin reported this is an element of the General Plan that is a new requirement of the State, along with the Seismic Element. He said this element was pre- pared by the Olson Laboratories, it was submitted to the Planning Commission, and the Commission approved the element and the accompanying Environmental Impact Report. Mr. Goggin indicated the conclusion of the consultants was that with the exception of the freeways which create some problems in the City, the City of Downey is generally in line with other cities and has no abnormal noises except for the freeways. He pointed out that the Olson Laboratories has also provided a noise ordinance which is now being reviewed by the Planning Commission and should be submitted to the Council in the next two meetings. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Staff report. Mayor DiLoreto inquired if the City Clerk had received any written correspondence, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in favor of the Noise Element or the Environmental Impact Report filed relative thereto. '1 Council Minutes 7/14/75 -3- Mr. John Trotter, 6429 Dos Rios Road, stated his concern regarding noise emanating from a truck yard in the City of Commerce at the boundaries of Downey, Bell Gardens, and Commerce. He inquired about reading a copy of the Noise Element and asked if he could acquire a sound meter from the City to measure and document the levels of noise from the truck yard. Councilman Temple requested that a member of staff make contact with the City of Commerce regarding this matter and notify Mr. Trotter of the results. He also said he would make his copy of the Noise Element available for Mr. Trotter's review. City Manager Thompson advised the City will be acquiring a sound meter this year, inasmuch as it was approved in the budget. Mayor DiLoreto inquired if there was anyone else present who wished to speak in favor of the Noise Element or Environmental Impact Report, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to close the hearing. Councilman Winton referred to page 5 of the Noise Element and the statement that residential areas on both sides of freeways fall within certain sound wave levels and are unacceptable for residential usage. He stated concern regarding the effect the 105 Freeway will have upon that residential neighborhood if and when it should ever be considered. Mr. Thompson indicated if the Noise Element is adopted it would provide a basis for the Noise Ordinance, which would be brought back to the Council at an early date. Mayor DiLoreto suggested the noise level of air conditioning units in condominiums and town houses be determined prior to adoption of the Noise Ordinance. Community Development Director Spindel stated the Noise Ordinance as prepared by the consultants is in line with the measurements made in the Noise Element. He said the concept is that measurements of noise are not made at the source but at the location where someone receives the noise. RESOLUTION NO. 3138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE NOISE ELEMENT OF THE COMPREHENSIVE GENERAL PLAN. SAID ELEMENT MEETS THE REQUIREMENTS OF THE CALIFORNIA GOVERNMENT CODE, SECTION 65302 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 Jennings, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3138. Councilman Jennings asked if the City Manager could state for the record that the adoption of this Noise Element of the Comprehensive General Plan does not set any maximum decibel readings anywhere in the City of Downey anytime of the day or night. Mr. Thompson replied yes. 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 certify the Environmental Impact Report concerning the Noise Element of the Comprehensive General Plan. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto declared that this is the time and place for the public hearing on the Seismic Element of the Comprehensive General Plan. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. City Planner Goggin reported it is a requirement of the State that all cities adopt a Seismic Element in the General Plan, and he pointed out that the plan does not mention critical developments such as hospitals, fire stations, police stations, or disaster Council Minutes 7/14/75 -4- 1� rJ units, which are handled separately. He said there are two risks involved in the report, with the same criteria applied to both: The Newport Fault, which would effect low, one- story buildings; and the San Andreas Fault, with a higher quake intensity that would effect high-rise buildings more than it would low rise. Mr. Goggin stated in order to incorporate these risks, modifications would have to be made in the Building Code and to some extent the Planning Code. He indicated the consultant's recommendations basically are that in future homes and structures there should be some further bracing for lateral movement. Mr. Goggin said when the Council adopts and amends these codes to include seismic protection, it is determining the amount of risk the City is going to accept with regard to loss of life and severity or leniency of controls, and this is something that. will have to be reviewed and recommended by staff at a later date. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the staff report. Mayor DiLoreto inquired if the City Clerk had received any written correspondence, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in favor of the Seismic Element of the Comprehensive General Plan or the Environmental Impact Report filed in relation therewith, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to close the hearing. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to certify the Environmental Impact Report on the Seismic Element of the Comprehensive General Plan. RESOLUTION NO. 3139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SEISMIC ELEMENT OF THE COMPREHENSIVE GENERAL PLAN. SAID ELEMENT MEETS THE REQUIREMENTS OF THE CALIFORNIA GOVERNMENT CODE, SECTION 65302 The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. Councilman Jennings inquired if the requirements for strengthening construction as contained in the Seismic Element are contained in the 1973 Building Code to be adopted. Mr. Goggin replied no, the code would have to be revised to some extent. Mayor DiLoreto indicated there is concern that if the Council adopts the 1973 revision of the Building Code that any new construction built under the Code may be in violation to whatever changes were made in the Seismic Element. Mr. Coggin explained there would be no violations of the Seismic Element, inasmuch as it is a guideline. Councilman Jennings stated when the Council adopts the ordinance of the Seismic Element that the Council will then be putting both theatres and every church in the City that is over 15 years old in violation of the new code and every theatre and church will require alterations to its structure. Mr. Goggin replied the concern was for places of public assemblage. Councilman Jennings asked if the City Manager could state for the record that in adopting the Seismic Safety Element of the Comprehensive General Plan the Council is not adopting any changes, additions, or alterations to the existing Building Code. Mr. Thompson replied yes, the plan does not change the existing code. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3139. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Removal of Items from Consent Calendar Agenda Items VIII-A, Minutes of the City Council Meeting of June 24, 1975, and VIII-C-3, Cash Contract #SS-295, Brookshire Avenue, Firestone Boulevard to South of Stewart and Gray Road, were removed from the Consent Calendar. Council Minutes 7/14/75 -5- It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the Remainder of the Consent Calendar: Communication from Southern California Rapid Transit District regarding Report of Significant Actions. Communication from Rio Hondo College regarding Bus Service to Campus. Denial of Legal Claims: Ref. #237, Newell D. Ellsworth• Ref. #238 Frank P. Lamborn; Ref. #239, Dennis James Angle/Raymond A. Torres; Ref, #240, Nedilka Joan Rastutis: RIT-J Bettie Cash Contract #SS-276, Brookshire Avenue: Imperial Highway to Gardendale Street: Plans, specifications, and grant authority to advertise for bids. Cash Contract #SS-291, Woodruff Avenue, Firestone Boulevard to Fostoria Street: Plans, specifications, and grant authority to advertise for bids. General Warrants: #138770 - 139136; #148315 - 148357. #201581 - 201627• $1 431 316 28„ RESOLUTION NO. 3140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF GANO CULWELL TO THE PERSONNEL ADVISORY BOARD RESOLUTION NO. 3141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MIKE HUGGINS AS A MEMBER OF THE WATER BOARD RESOLUTION NO. 3142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING STATE LEGISLATION TO SAFEGUARD MUNICIPALITIES AGAINST FINANCIAL JEOPARDY CAUSED BY ARBITRARY AND CAPRICIOUS CANCELLATION OF THEIR GENERAL LIABILITY INSURANCE AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Councilwoman Scotto inquired about the Council action pertaining to Bikeway Report Draft contained on Page 2 of the Minute Actions of the Minutes of the City Council Meeting of June 24, 1975. She was advised it was reported accurately. It was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to approve Minutes of the City Council Meeting of June 24, 1975. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Cash Contract #SS-295, Brookshire Avenue, Firestone Boulevard to South of Stewart and Gray Road Councilman Jennings inquired about widening the east side of Brookshire Avenue Community Development Director Spindel explained the widening will be done on both sides of Brookshire between Manatee and Stewart and Gray, and additional widening is re- quested on the west side of Brookshire south of Stewart and Gray. He said the additional - widening was considered inasmuch as four Evergreen Ash trees have to be removed and curb and gutter replaced to correct the ponding of water in the cross gutter. Councilman Jennings indicated he would like to be assured that the residents have been notified and given the opportunity to address the Council pro and con. Mr. Spindel advised there is only one resident involved. Councilman Winton said since this is a matter to go for advertising of bids, there is no reason why the property owner couldn't be contacted in the meantime. Councilman Jennings stated he objects to this being brought before the Council in this manner until the people have been notified. Mr. Gary Larsen, 8502 Luxor, indicated he purchased his home on the southeast corner of Brookshire and Luxor after the widening was voted on. He asked for a current review Council Minutes 7/14/75 -6- of the widening, inasmuch as one of the reasons it was considered was for bus traffic and truck traffic on the street. Now, Mr. Larsen said, he has learned that the Council has voted to eliminate Brookshire from the truck route, and the proposed bus route in Downey does not include Brookshire. Mr. Spindel advised the bus route will include Brookshire from Davis Street on down to Stewart and Gray to service the Hospital. Mr. Larsen inquired about the proposed use of sidewalks for bicycles rather than the street. Discussion followed. Mr. Spindel commented on the safety the widening would provide for bicycles. Councilwoman Scotto stated for the record she would approve of restudying this matter. Mayor DiLoreto stated for the record he never thought this area of the street needed to be widened in the first place. Councilman Winton stated for the record that the Council voted for it. It was moved by Councilwoman Scotto to restudy this particular area on Brookshire to decide whether it should be widened. No second. 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 #SS-295, Brookshire Avenue, Firestone Boulevard to south of Stewart and Gray Road, and approve additional street widening on the west side only from Stewart and Gray Road approximately 200 feet southerly. Councilman Temple asked that the motion be amended to make sure the property owners will be notified. Mr. Spindel assured that the property owners will be notified. AYES: 4 Council Members: Winton, Temple, Scotto, Jennings NOES: 1 Council Member: DiLoreto ORDINANCE NO. 481 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 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 Ordinance No. 481. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. 482 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 adopt Ordinance No. 482. AYES: 5 Council Members*- -Winton, Temple, Scotto, Jennings, DiLoreto ORDINANCE NO. 483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9247 AND 9247.3 OF THE DOWNEY MUNICIPAL CODE ALL OF WHICH RELATE TO LAND DIVISION Council Minutes 7/1.4/75 -7- 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 adopt Ordinance No. 483. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3143 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 75/25 DOWNEY-NORWALK ROAD) 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. 3143. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Community Development Director Spindel reported the street lighting system is based on a petition from 83 percent of the property owners, and the lights will be placed on wood poles at no installation cost. He said the rates for operation and maintenance as shown on the report should be 21c per $100 assessed valuation for Zone I and 33C per $100 assessed valuation for Zone II, which are based on the current lighting district budget and are subject to change as there is any change in the electrical rate. It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 3144 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 75/25 DOWNEY-NORWALK ROAD) 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. 3144. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO (FIFTH STREET) 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 to adopt the Resolution. Mrs. Betty J. Windle, 8543 East Fifth Street, mentioned no provision has been made for street lighting. She said she inquired with the Southern California Edison Company and learned they have plans to provide street lights for Fifth Street at no cost to the residents if they are installed at the time of the widening. She asked if something could be done to include this with the present widening. Community Development Director Spindel indicated there is only one street light which was put in as a requirement of a zone exception to be served underground, and provisions will be made when the wires are put in for undergrounding in the future. He said if the residents wish street lighting, they would have to agree to be annexed to the Downey Lighting District to pay for operation and maintenance of the lights, and some residents were informed that if they wanted to sign a petition and bring it to the Council a hearing Council Minutes 7/14/75 -8- L! 3 could be held. He pointed out that this would come out of the Edison Company's under - grounding fund which is allocated to the City of Downey and would decrease that much of the fund which could be spent on some other undergrounding project. He advised that the tax rate is 21c per hundred dollars assessed valuation. Mrs. Windle was informed she could pick up a petition for signatures from either Mr. Spindel or the Traffic Engineer. Mr. Spindel asked for authorization to have a City employee circulate the petition, Mrs. Windle said Mr. Grady indicated he would do so. The motion to adopt Resolution No. 3145 was seconded by Councilman Winton and passed by the following vote. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3146 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 Jennings, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 3146. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto indicated the City Manager's Report and Oral Communications are at the end of the meeting, and it is his understanding the Council will have an executive session at the time of the City Manager's Report. However, he said, he has been appr_ed that there are people present concerning the California Animal Control and how it is functioning, and after a brief recess that matter will be heard. Mayor DiLoreto declared a recess at 9:03 p.m. The meeting resumed at 9;17 p.m. w tr. all Council Members present. Mayor DiLoreto inquired if there was anyone present who wished to address the Counc'_l regarding the California Animal Control. Mrs. Louise Mater, 9003 South Cord, Downey, protested the previous action of the Council to contract with the California Animal Control for animal control services. She commented on the lack of services provided by the California Animal Control and said the increased cost would be difficult for people on fixed incomes. She further stated objec- tion that the public was not notified of the City's intention and mentioned that an Elderly citizen has obtained 68 signatures on a petition. Mayor DiLoreto explained the County had notified the City of its intention to renegotiate all existing agreements and had asked what kind of services the City of Downey required. He mentioned that because of the numerous complaints regarding the County's inadequate services, the City Manager looked elsewhere and discussed the services of the California Animal Control with cities in this area and Orange County that had contracted with th-s private company. He agreed that there are problems with the existing company but assured Mrs. Mater that the matter will be looked into. Mr. Thompson commented that he had personally viewed the facilities, and he thinks California Animal Control is working hard to bring a good facility to the City. Also. he said, the animal control service has not had enough time to demonstrate whether or not it is gong to be as good a service as the City contemplates, but it is his opinion they will be a much better service than what the City has had in the past. Responding to Mrs. Mater's comment regarding the lack of shade for the dogs, Mr. Thompson explained there is shade inthe back run, and there will always be shade because they have been built with special insulating type of material. He assured Mrs. Mater that the animal control operation will be monitored on a daily basis. Councilman Temple concurred that the California Animal Control be given a chance. He commented regarding the unsatisfactory services provided by the County. Mayor DiLoreto noted that the Health & Sanitation Committee has been designated the responsibility for overseeing the animal control operation. He suggested that Mrs, Mater itemize any of the deficiencies she feels the company is guilty of and provide that information to Mrs. Betty Rupp of the Health & Sanitation Committee for report back to Council. Council Minutes 7/14/75 -9- L27 Mr. Thompson offered to work with Mrs. Mater and any group she would like to look into any question that comes up with regard to the contract. He reiterated for the record that he did personally receive a letter from the County indicating they were cancelling the contract; that all contracts would be renegotiated as of June 30th of this_. year. He further commented on the amount of time in which to negotiate a new contract for the City and that the S.P.C.A. did not advise it could contract with the City until it was too late. Discussion followed. Mrs. Mater called for a public hearing on this matter. Mayor DiLoreto said he cannot envision the Council having a public hearing now that the contract has been executed. However, he stated, if Mrs. Mater will enumerate any complaints she may have and give them to the Health & Sanitation Committee, the City Manager's office, or the Mayor's office, it will be looked into. Mrs. Mater asked for a copy of the agreement. Mrs. Virginia Jaeger, 9221 Rives Avenue, Downey, stated her interest in seeing a copy of the Animal Control contract. She said she has contacted Mr. Earl Holliman of the "Actors and others for Animals", and they will make a study. Mayor DiLoreto informed Mrs. Jaeger that she could obtain a copy of the contract from the City Manager's Office. He commented on the services provided by the California Animal Control over and above what the County provides. Mrs. Jaeger inquired about a proposed ordinance reducing the number of dogs per household. Mr. Thompson replied he submitted this to staff for recommendation, and staff's recommendation was to leave it as is. ,Therefore, he said, this matter was never sub- mitted to the Council. Mrs. Jaeger submitted a petition opposing the use of California Animal Control, the number of dogs people are allowed to keep, and the licensing of cats. Mayor DiLoreto acknowledged the presence of Assemblyman Dr. Robert McLennan. Mrs. Winifred Yurechko, 7710 Allengrove Street, Downey, stated over 20 years ago the Downey Council PTA started the first rabies clinic in the United States. She commented on her involvement with the clinic set up by the California Animal Control. Councilman Temple inquired how long the citizens have to get licenses for their dogs. Mr. Thompson replied the California Animal Control has indicated they will make a house -to -house canvass, and no one will be fined until after that has been done. He said he will get a statement from the President of California Animal Control and have it published in the paper. Councilman Temple asked that this be made available for the Council by the next meeting. 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 #SS-307, Paramount Boulevard and Bellflower Boulevard Sidewalks, in the amount of the unit prices bid, to Merle B. Smith of Cerritos, the lowest and best bidder, and reject all other bids. Councilwoman Scotto inquired about the use of.FAU funds for this'project. Community Development Director Spindel said it would take about a year to get approval, and he does not know whether FAU funds can be used. He noted Gas Tax funds are being used. Discussion followed. Mr. Ken Miller, 7336 Cleargrove Drive, Downey, said with the approval of this project the entire distance from Imperial to Gardendale will have sidewalks with the exception of a small section between Puritan Street and Consuelo Street. Mr. Spindel explained Chapter 27 proceedings will be instituted on that section. He said the reason that section was not included is because the City does not have the entire right-of-way on the corner of Consuelo. Council Minutes 7/14/75 -10- Mr. Miller indicates he represents the buyer who is purchasing 12728 Orilla Street and that is the only property in the strip required to pay any money. Mr. Spindel said if there is a Chapter 27 proceeding for that particular property and the property owner is granted matching funds, it would be possible to use the unit price on this contract to save the owner money over the prices on the regular contract. Roll call vote: AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Winton, and passed by the following vote to award Cash Contract #375, Annual Sidewalk Construction, in the amount of the unit prices bid, to Damon Construction Company of South Gate, the lowest and best bidder, and reject all other bids. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Temple and seconded by Councilman Winton to approve the submission of an application to SCAG requesting the $17,160 City allocation for Bicycle and Pedestrian Funding for fiscal year.1975-76, SB 821 Allocation Request. (See later motion.) Responding to questions, Community Development Director Spindel explained that this allocation comes from SB 325 funds, which is Sales Tax on gasoline and administered by SCAG. He said these funds can be used either for bike or pedestrian purposes, and this is staff's priority listing based on the Bikeway Report. Mr. Spindel further explained if the Council wishes to study this prior to approval, there is a Bikeway Citizens meeting this Wednesday at the Downey Theatre which was authorized by Council. It was moved by Councilman Jennings to take this matter under submission until the next Council meeting. Following discussion, the Bicycle and Pedestrian Funding was taken under submission to the next Council meeting. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the Sidewalk Matching Funds Policy for the 1975-76 fiscal year. Councilwoman Scotto asked that Item No. 2 on the Priority List be deleted inasmuch as the costs would not be that great. Councilman Winton explained the Council's position when establishing this policy. Discussion followed. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Proposed Water Well (South of Telegraph Road just Easterly of Rio Hondo Channel) Councilman Jennings raised questions regarding statements made in the memos from the Public Works Department and Fire Department, which he said are in contrast to one another. Public Works Director Spindel commented on the required water flow which he indi- cated would not be adequate if at the same time there was a fire and the Metropolitan Water District connections were not functioning. Fire Chief Wood concurred. Councilman Jennings inquired about the well at Rio Hondo. Mr. Spindel discussed the present well capacities with and without the Rio Hondo well and said there is no assurance the City will ever get water rights and the well. He stated if the City does get the well, it would be kept in service but would require considerable work on it. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to approve construction of a water well for inclusion in the 1975-76 Capital Improvement Budget, and appropriate $150,000 from the Water Fund for this purpose. AYES: 3 Council Members: Winton, Scotto, Jennings NOES: 2 Council Members: Temple, DiLoreto Council Minutes 7/14/75 -11- F. ,J •,' It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Contract between the City of Downey and the Count of Lo Angeles for Sheriff's Department Participation in the Southeast Burglary Investigation. m_ n___-__ AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Co -sponsored Agreements with Downey Museum of Art, Downey Symphonic Society, Do Youth Band Sponsors° Club, Downey Junior Athletic Association, Downey Christmas r of rus - Parks & Recreation Director Neavill advised the Council that in regard to the cultural groups, he has had an opportunity to meet with all of them and indicate the Council°s direction that throughout the coming year they need to look at their own budgets and in particular at their own fund-raising capabilities. Councilman Winton called for Council observation and scrutiny of the activities taking place with these groups over the next year and whether or not they are helping to defray their own expenses and support their own activities. Discussion ensued. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the Co -sponsored Agreements. 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 approve the Audit of General Revenue Sharing Funds for year ending June 30, 1975, and appropriate $750 from Fund 21 for the purpose of such audit. 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 approve the Quarterly Report from the Downey Chamber of Commerce for the period of April 1 - June 30., 1975. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto It was moved by Councilman Jennings to authorize Temporary Suspension of Parking Restrictions at 9300 Hall Road - Bowman Industries, pursuant to DMC Section 3177, to July 31, 1975. Mr. Spindel advised Bowman Industries is making an effort to lease more parking space. Councilman Winton requested that if this is approved and other complaints are received, the City inform the citizens in the area that this is only for a short period of time. City Manager Thompson said Bowman Industries was notified this would be on condition. that they provide the City with a weekly report on their progress. The motion was seconded by Councilman Winton and passed by the following vote; AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Rubbish Collection Agreement, Rate Adjustment Formula Responding to questions, Community Development Director Spindel reviewed the formula which, he said, evolved by staff after study of the various factors involved upon which the rubbish rates are based. He stated it was felt this would be a fair way to evaluate whether there would be any necessary increase or decrease. Mr. Spindel pointed out that —' the contract states there will be such a formula, however, it can be amended at any time. He noted it would be tested over the next year to see whether it is valid and any amend- ments necessary, but it is not contemplated this formula would be applied until October, 1976, since the contract also provides that the rubbish contractor will provide an audit as of July 31st, at which time the City will evaluate whether or not the present rate is the actual, proper rate for now and recommend any adjustments as of October 1, 1975. He said once the base rate is established, then this formula would be applied from then on, Mayor DiLoreto noted one of the elements used is the Consumer Price Index and asked if it is valid in this case inasmuch as it is primarily used with respect to consumer goods. He stated by adopting this formula the City will be moving more and more away from competition which is the best known gauge of value to the consumer. Council Minutes 7/14/75 -12- Mr. Spindel mentioned the Council always has the option to cancel the contract with 90 days notice at any time. During further explanation of the formula, he agreed the formula may have some imperfections, and that is why there would be a testing period to evaluate it and bring back amendment to the Council at any time. Discussion followed regarding the present rate of the contract and how increases or decreases would apply under the proposed formula. Mayor DiLoreto said this formula would guarantee the contractor perpetual increases. Mr. Spindel advised the contract which was approved by Council says a formula will be established, and if it is not, then the contract will have to be revised. Further discussion ensued. Councilwoman Scotto called for comparative studies of other cities with regard to rates and a continual monitoring of the business. Mr. Spindel said the idea of having a formula was so the Council would not have to determine each October what was and was not the proper rate; that there would be something definite. He stated the formula could be revised. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to accept the formula until January 1, 1976, and then review it and determine whether to go to bid. AYES: 3 Council Members: Winton, Scotto, Jennings NOES: 2 Council Members: Temple, DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to reject the submitted bids on Fire Station No. 1, A-4198, and authorize staff to enter into negotiations with interested parties for either lease or purchase of the subject property. City Manager Thompson stated for the record that the purpose and intent of the recommendation would be for staff to come back with something it felt would be in the public interest. Then, he would recommend that to Council for recommendation. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto CITY MANAGER'S REPORT Mayor DiLoreto recessed the meeting to executive session at 10:55 p.m. to discuss personnel negotiations submitted by the City Manager. The meeting resumed at 12:40 p.m with all Council Members present. Mayor DiLoreto advised the Council will consider the miscellaneous employees, part-time employees, management and supervisorial salaries, and the Downey Police Officers' Association. He said the last item will be the Downey Firemen's Association, and at that time a designated representative will have the opportunity to address the Council. City Attorney Sorensen noted the resolution for miscellaneous employees contains some changes, however, the changes do not alter the resolution in substance. RESOLUTION NO. 3147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING MISCELLANEOUS EMPLOYEE ADJUSTMENTS EFFECTIVE 7/7/75 The Resolution was read by title only. The following changes were noted: Section 1.6, sub -section 2), changed to clear up the language. Section 1.11, "work" days added. Section 5 referred to employee "as of the date of this resolution". It was moved by Councilman Winton, seconded by Councilman Temple, and so ordered to waive further reading. Council Minutes 7/14/75 -13- It was moved by Councilman Winton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3147. Councilman Jennings asked if this is the same as negotiated with the DCEA. City Manager Thompson replied yes. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING CERTAIN SALARY ADJUSTMENTS EFFECTIVE JULY 14, 1975 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. 3148. Councilman Jennings asked if this is substantially the negotiated contract. Mr. Thompson replied yes. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING MANAGEMENT -SUPERVISION PAY PLAN FOR 1975-76 The Resolution was read by title only. Section 1 was changed to read: SECTION 1. The Management -Supervision Pay Plan (Table IC on pages 82-84 of the Downey City Personnel Manual) shall be revised to accomplish the rates of pay and increases as set forth in the attached Exhibit "A", effective July 14, 1975, 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. 3149. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto RESOLUTION NO. 3150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING SWORN POLICE ADJUSTMENTS EFFECTIVE JULY 14, 1975 The Resolution was read by title only. City Attorney Sorensen said the only change was under vacation to add "work days" for clarification. 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. 3150. Councilman Jennings asked if this is the agreement as negotiated between the City Manager and police representatives. City Manager Thompson replied yes. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto Mayor DiLoreto stated for the record that the Council has met and the City Manager has informed the Council of the meet and confer process with the Downey Firemen's Association. Council Minutes 7/14/75 -14- IS8 Captain Ralph Howe, 7977 Harper Street, Downey, President of the Downey Firemen's Association, said the last proposal by the City Manager was submitted to the Firemen's general membership and unanimously rejected. He commented on the II -A fire protection rating and noted that the City of Downey is totally surrounded by County fire protection with the exception of Santa Fe Springs, which he said should be recognized. Captain Howe said the Downey Firemen should be recognized as first class citizens and paid as such. He commented on the reduction in the department of nearly ten percent in manpower and mentioned that the firemen have made many attempts to save the City money doing much of the work involved with the new fire station. Captain Howe reviewed the disparity that: exists between the Downey Firemen and other cities, including the County, and asked that the Council recognize this and make a_reasonable attempt to adjust that disparity. Also, he said the Downey patrolmen are making nine percent more than the firemen. City Manager Thompson reviewed the four-year agreement with the Firemen's Associa- tion which runs through 1975-76. Captain Howe stated for the record that the members of the Firemen's Association feel the Automatic Aid Program is a worthwhile program and is necessary to the City of Downey from a safety standpoint. He also stated for the record that the Fire Department is willing to present its situation to an outside body. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the Memorandum of Understanding between the City Manager and the City of Downey and the Downey Firemen's Association as presented to the Council by the City Manager. AYES: 5 Council Members: Winton, Temple, Scotto, Jennings, DiLoreto ORAL COMMUNICATIONS Councilman Winton asked the City Clerk to mail agendas during his absence, and he noted he can be available, if necessary, on an emergency basis. He said he anticipates he shall return early in September, possibly in time for the September 8th Council meeting. Councilman Temple inquired regarding the status of the proposed change in the trash pickup schedule for streets where each side has different days for trash pickup. Community Development Director Spindel advised some have been changed already, Councilwoman Scotto commented that problems on the Mid Cities Bus Study should be ironed out by August 6th and ready for vote by the Board, to begin the program in October. Councilman Jennings called for a study meeting between the Council and the con- sultants who prepared the Space Utilization Study prior to proceeding further and before payment is made in full. Mayor DiLoreto asked that this be held for a full Council. City Manager Thompson advised an amount is being withheld by the City and further, the contract states the consultants are to make themselves available for a period of time following submittal of the report for meetings and discussion with the City Council. The matter was held for full Council in September. Councilman Jennings read excerpts of the Noise Element. Councilman Jennings indicated he has been informed that many real estate brokers will be present at the next Council meeting in protest to two items in the Uniform Building Code: One which requires an inspection of all R-1 property prior to sale; and the other requires an annual inspection of multiple dwellings. Referring to the Vacancy in Councilmanic District 3, effective July 31, 1975, Mayor DiLoreto suggested the following procedure and stated it might be necessary to publish a notice in the newspaper: From this date until July 31st, the City Council will receive resumes submitted by any persons qualified to hold the seat in Councilmanic District 3; that the Council requests the resumes contain a brief summary of background and reasons for the person seeking office and how he feels he can be of benefit to the City; that as of 4:30 p.m., July 31st, all resumes to be considered must be submitted by that time; that any resumes submitted after that time will not be considered by the City Council; and that the City Council will meet in executive session and individually review every person's application, qualifications, background, and suitability for the position. Council Minutes 7/14/75 -15- 59 q9 Mayor DiLoreto said hopefully by the end of August, the City Council will make a decision as to who will occupy the seat vacated by Mayor Pro Tem Temple. City Attorney Sorensen advised if the Council is going to meet to consider the resumes, then it should be at an adjourned meeting and recessed to executive session. Councilman Winton explained the Charter defines the Council has 60 days in which to appoint a person, however, he would like to be apprised of those people who have sub- mitted resumes and would also like to have his input added to this. Mr. Sorensen stated Councilman Winton can indicate his thoughts but would not be able to cast a vote if he is not here. Councilman Winton indicated further he would like to have contact by telephone with the Council relative to its consideration. He said he would like to have a definite decision in helping appoint the person to fill Councilman Temple's position. Mayor DiLoreto stated he does not feel the Council should withhold this matter any longer than needed. Councilman Winton reiterated that he will return if there is an emergency, but questioned the urgency before his return in September. Councilman Jennings suggested that on August 1st the Council mail Councilman Winton a copy of all resumes, recess the adjourned meeting to the Mayor's office, and then when ready call Councilman Winton on the public address system and discuss it with him. There being no further business to come before the City Council, the meeting was adjourned at 1:29 a.m. Robert L. Shand, -City Clerk -Treasurer o Josef E. DiLoreto, Mayor Council Minutes 7/14/75 -16-