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Home My WebLink AboutMinutes-07-22-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 22, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT• Five Year Service Award to Councilman Jennings Five, Ten & Fifteen Year Awards to Employees Weed Abatement Assessment (Lot Cleaning Program) Hearing for Modifications of Building Code Ordinance Amending Sec. 8200,8202,8204,8205, 8207,8209,8210,8211,8218,8219,8220,8223,8224, 8229,8229,8230,8238,8239,8243,8248 DMC Repealing Sec. 8240, Adding Sec. 8202.1, 8214.2,8215.1,8217.1,8217.2,8221.1,8221.2, 8241,1,8243.1,8250,8251 & Adopting by Ref. 1973 Uniform Bldg. Code (for re -introduction) Uniform Building Code Resolution #3151, Adopting Express Findings re Modification of Uniform Codes for Bldg. Regulations Ordinance #484, Amending Sec. 8300 DMC Adopting Housing Code Ordinance #485, Repealing Sec. 8500-8521 DMC & adding Sec. 8500-8508 to DMC Adopting Uniform Plumbing Code 1973 Edition Ordinance Jk486, Amending Sec. 8600-8620 & Adding Sec. 8621-8626 to Art. VIII DMC, Adopting Public Health Code County of L.A. Ordinance #487, Amending Sec. 8700-8704 Adding Sec. 8750-8706 to Art. VIII DMC, Adopting Uniform Mechanical Code Ordinance #488, Amending Sec. 8800 DMC, Adopting Dangerous Building Code Removal of Items from Consent Calendar Denial of Legal Claim, Ref. #241 CC #369, Crawford Park, Bldg. Addn. - Plans, specs & auth. to advertise General Warrants #139137-139231 #148358-148369 #201628-201647 DIP #672, W/s Paramount bet. Imperial & Borson - Auth. init. of Chapter 27 for sidewalk const. & approve SMF Ordinance #489, Amending Sec. 8100,8100.2, 8101 Art. VIII DMC Ordinance re Animal Control - Wild or Vicious Animals & Reptiles Ordinance Amending Sec. 2722 DMC re Holidays Resolution #3152 Ordering Dir. Publ. Wks. to Make Report (Annex. 75/26, Fifth St. bet. Brookshire & Birchdale) ACTION: PAGE NO. 1 1 Affirmed 2 Closed 4 Failed; under submission 6 Request for comparison with other cities 6 Adopted 6 Adopted 6 Adopted 6 Adopted 7 Adopted 7 Adopted 7 7 Approved 7 Approved 7 Approved 7 Approved 7 Adopted 8 Removed from Agenda for City Attorney review 8 Introduced 8 Adopted 8 Page 1 of 2 COUNCIL MINUTES, JULY 22, 1975 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO, Report, Annex. 75/26 Received & filed 8 Resolution #3153, Decl. Intention to Annex to City Ltg. Dist. (Annex. 75/26, Fifth St. bet Brookshire & Birchdale) Adopted 8 Resolution #3154, Adopting Management Employee Benefits Adopted 9 CC #372, Sidewalk, Florence Ave. at Wilderness Park - Accept improvements Approved 9 CC #SS-305, Imperial Hwy: Bellflower to Coldbrook; Florence Ave.: Arrington to Haledon - Accept improvements & auth. extra work Approved 9 CC 0358, Wheelchair Ramps & Sidewalk Const. - Accept improvements & extra work Approved 9 CC #368, Tennis Court Lights - Accept improvements; time extension;& extra work Approved 9 Sidewalk Matching Funds for M.F. 375-385, 387, 388; Deny Sidewalk Matching Funds for M.Fo #386 & 389 Approved 9 Agreement for Fence Relocation, W/s Woodruff - Auth. Dir, Comm. Dev. to execute Approved 10 R/w Acquis., Firestone and Old River School Rd. CC #SS-297, A-4026 - Auth. Mayor to execute Grant Deed to State Dept. of Transportation Approved 10 Preliminary Bikeway Report - Approve report & auth> filing for SB 821 funds Rescinded 10 Filing of Application for SB 821 Funds for Bikeway Bridge on Rio San Gabriel Channel & Bikeway Trail Access at Rio Hondo Channel Approved 10 Signs on Rives Ave. indicating bicycle trail be removed & stored for further use Approved 10 Amendments to Capital Improvements Program, 1975-76 Approved 11 Report on Fireworks Activity, July 1975 - Reject any proposed changes re Fireworks (Safe & Sane) Approved 11 Lack of Proper Facilities for Senior Citizens - Dir. of Parks & Rec. to work Citizens request for use of Rives School w/school dist. on temporary arrangement 11 Mid Cities Bus Study - Route change to include Woodruff Ave. Executive Session City Manager to resume negotiations with Fire Dept, Meeting adjourned to 8/6/75 for consideration re appointment to fill vacancy, Dist. 3 City Manager to prepare letter for Council in favor of route 12 12 12 12 Page 2 of 2 S2Pt0 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 22, 1975 The City Council of the City of Downey held a regular meeting at 8:00 am., July 22, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Walter S. Temple, Hazel N. Scotto, Richard M. Jennings, Joseph E. DiLoreto ABSENT: Council Member: Donald H. Winton (excused) ALSO PRESENT. Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Father Sneary,,St. Mark's Episcopal Church, followed by the Flag Salute led by Councilman Temple. Mayor DiLoreto and Councilman Temple presented a Five Year Service Award to Councilman Jennings. Mayor DiLoreto and Councilman Temple presented Five Ten and Fifteen Year Awards to the following employees: Five Year Awards Michael Bayer, Police Department Lee Branch, Police Department Robert Brace, Community Development Robert Coates, Water Division Edgar Compton, Police Department Paul Cruz, Fire Department George Dauphin, Police Department James Elsasser, Police Department Douglas Hanson, Police Department Johnie Harmon, Police Department Bob Joe Hipp, Fire Department Frank Kiefer, Parks & Recreation Ten Year Awards Alta Duke, Parks & Recreation Martha Priamos, Police Department Fifteen Year Awards Tom Brown, Jr., Fire Department Edith Franklin, Finance Richard O'Toole, Fire Department Stacy Price, Finance Matt Skobel, Police Department Hunter Imhoff, Community Development Patrick Langenhovel, Police Department Samuel Macias, Public Works Dorothy McDonald, Community Development Judith McDonnell, City Clerk Robert McDonough, Police Department Gordon Rice, Fire Department Gerald Robison, Police Department Forrest Stewart, Public Works Linda Smock, Fire Department Charles W. Thompson, City Management Michael Wheatley, Police Department Esther Zilinsky, Parks & Recreation Henry Rayson, Community Development Hollis Stewart, Golf Course Margaret Fagan, Community Development William Sumner, Fire Department Bob Thomas, Fire Department John Valenti, Parks & Recreation Mayor DiLoreto declared that this is the time and place for the public hearing on Weed Abatement Assessment (Lot Cleaning Program). He inquired if the City Clerk had the Proof of Publication, to which the City Clerk responded in the affirmative, Mayor DiLoreto inquired if the City Clerk had received any written protests, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in opposi- tion to Weed Abatement Assessment, and there was no response. Council Minutes 7/22/75 -1- 71ci It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to close the hearing. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to affirm the Weed Abatement Assessment (Lot Cleaning Program). AYES; 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Mayor DiLoreto declared that this is the time and place for the following public hearings: Edition Proposed Ordinance Adoptine the Uniform Plumbine Code. 1973 Edition Los Aneeles E 3 Edition 3 Edition Mayor DiLoreto inquired if there was anyone present who wished to speak in opposi- tion to any of the proposed ordinances. He asked that those speaking in opposition identify the ordinance upon which they would like to speak. Mr. Larry Hoag, 10551 Paramount Boulevard, referred to the Uniform Building Code, Section 305--Special Inspection (d) Sale of Property, and Section 303i--Penalties, and raised the following questions: How many building inspectors will be necessary for this program? How many hours has the City calculated for these inspectors and attorney's time in expense and defense against any liability the City may incur? Why wait to inspect property until it is sold or sub -standard? Will sub -standard conditions be left to the judgment of the inspector and will the property owner be charged for any subsequent inspections? Will the City be able to discharge employees during the slow period and hire new, qualified inspectors during the rush period? Why penalize an owner of one house that happens to be sold and allow every other similar home on the block to go without inspection? Does the homebuyer really need or want the inspection? Can the taxpayer afford this additional government inspection? He urged the Council not to pass this ordinance. Referring to Section 1414, Special Conditions, calling for annual inspection and a permit fee of $10 to be paid if the structures are found to be in need of maintenance, Mr. Hoag posed the following questions: How is it determined that a house is rented? Why discriminate against a rental property? What is the definition of maintenance in this case or is it left to the judgment of the inspector and any subsequent inspector? Is the $10 fee per individual unit or $10 for the complex regardless of size? Will the annual inspection be interior as well as exterior? What is the City's purpose for this ordinance? Again he urged the Council not to pass this ordinance. Community Development Director Spindel explained the primary purpose of the ordinance is concerning inspections on sale of property for the protection of the buyer, and there is a Bill in the State Legislature which would enact the same type of regula- tions Statewide. He indicated that the Apartment Survey Committee's recommendation of inspection for apartments was extended in this code to all residential units whether single family or apartments, and there would be no intention of charging a separate $10 inspection fee for each unit in an apartment. Building Official Lake said the stipulated inspection fee of $10 covered in Section 305 would be charged only if there are no problems observed during the inspection. He stated this particular amendment will add to the City's environmental control program, which is carried on continually. He noted that the present staff can handle the inspections, and if more personnel is needed, there will be no problem in taking care of the increase inasmuch as inspectors are available, with the additional fees adequately providing for any temporary help. Mr. Lake commented on the problems with the City's rehabilitation program at the present time and said making the inspections mandatory would help to reduce blight. He pointed out that inspections on the i.n.side of the dwellings are done by the County Health Department, and the exterior inspect,`ions Council Minutes 7/22/75 -2- 20' are done by the City. However, he said upon request the City will go in and make an interior inspection, and there is no fee stipulated for this. Mr. Lake outlined the procedure for making inspections on apartments and said it can be done so that the work load will not be that much greater. He pointed out that the penalties are not intended to harm or cause duress on anyone, especially owners of apartments, but were put in the ordinance primarily for contractors doing new business as a deterrent to keep them from bootlegging within the City. Mr. Lake answered questions of the City Council. Councilman Jennings indicated he has reviewed the ordinances with three differenr contractors. He asked for clarification regarding the following sections-, Ordinance amending Sections 8100, 8100.2, 8101 DMC Section 8101 Ordinance adopting Uniform Buildinz Code, 1973 Edition Section 8226; Page 3 of Synopsis. Section 8227; Page 4 of Synopsis Section 8210, Sub -sections 303a and 303i; Pages 6 and 7 Section 8215.1, Sub -section 504(d); Page 9 Section 8218, Sub -section 1302(b); Page 11 Section 8221.1, Sub -section 1314-2a, 2j, 6b, 7a; Pages 13 and 14 Section 8221.3, Sub -section 1414; Page 15 Section 8229, Sub -section 1711(d); Page 16 Section 8236.1, Sub -section 2903(a); Page 17 Section 8239, Section 3202, last paragraph; Page 18 Section 8243, Sub -section 5904 and 5907; Pages19 and 20 Section 8250, Sub -section 3501 (a)-2, 12, 13a, 14; Pages 30, 31 and 32 Section 8251, Sub -section 7012; Page 34 Public Health Code of the County of Los Angeles, 1964 Edition Section 226, Page 3 Councilman Jennings said before he votes on this he will have to put more thought into it. The following persons spoke in opposition to the proposed Uniform Building Codex Mr. Dick Raabe, 11627 Downey Avenue, suggested the Council consider ways to reduce expenda.tures. Mr. Reno Si,rrine, 9445 Dacosta Street, objected to permit fees. Mr,. Thomas Dolbow, 11718 Patton Road, opposed special inspections. Mr. William Cole, Manager of the Downey Chamber of Commerce, spoke in opposition to Section 305, Special Inspections, and Section 1414, Special Conditions. Mr. Richard Worth, 1515 Beverly Boulevard, Los Angeles, representing the Building Industries Association of California, suggested the 1973 Uniform Building Code be adopted without amendments and the provisions calling for inspections of apartments on an annual basis be deleted. Miss Oderkirk, Real Estate Broker for Active Rentals, said with additional costs the rent for apartments will go up. Mr. John Marinelli, 9449 Nance Street, protested Sections 305 and 1414, Mrs. Rosalia Acuff, 7860 Lyndora, asked why an additional assessment would be necessary if the City has sufficient inspectors. Mr. William Lehmann, 12665 Glenshire Road, questioned the number of personnel needed for the increased inspections. Mr. Murray Ohren, 8618 Seventh Street, questioned the amount of time that would be spent making special inspections and objected to the fee charged for copies of permits. Councilwoman Scotto said staff is checking into this. Mr. Pat McCallum, 9514 Parrot, opposed Section 305 and submitted a newspaper article regarding similar problems in the City of Lakewood. Council Minutes 7/22/75 -3- Mr. Hoag said there is an Assembly Bill pending in legislation which permits Charter cities to adopt this type of ordinance but not General Law cities or counties. Mr. Gordon Wall, 9505 Stoakes Avenue, opposed special inspections. Mrs. Marjorie Hanson, 10712 Tristan, commented that the inspections will require additional employees. Mr. Wendell Wiser, 10921 Paramount Boulevard, spoke in opposition to the inspections. Mr. Finis Myers, 27910 Ridgebrook Court, Rancho Palos Verdes, owner of properties at 11100 Pangborn Avenue and 8703-8705 Fifth Street, objected to inspections prior to sale. Mrs. Michelle Hughes, 8518 Fontana Street, asked that the ordinance not be passed. Mr. Larry Chaney, 12262 Orizaba Avenue, spoke in opposition to inspections prior to sale. Mr. Gil Sais, 7847 East Florence Avenue, suggested the Council not pass the ordinance. Mr. Art Carr, 12649 Glenshire Road, suggested this matter be placed on the ballot. Mr. Bill Sweet, 9047 Florence Avenue, said realtors are trying to police their own activities with their Deposit and Sales Agreement. Mrs. LaRae Schow, 12515 Dolan Avenue, discussed increased taxation and inspections of the home. Mr. Ken Miller, 7336 Cleargrove Drive, mentioned in many cases facts are not re- vealed to the buyer. He said of the speakers in opposition there have been no comments in opposition to Section 1314, Item 7b, Maintenance and Inspection of Apartments, which resulted from the study of the Apartment House Study Committee and provides for inspection at no charge. He stated Ordinance No. 407, adopted in 1971, regarding Rehabilitation of Property, provides all of the tools needed to upgrade and maintain standards within the City. Mayor DiLoreto declared a recess at 10:50 a.m. the meeting resumed at 11:03 a.m., with Council Members Temple, Scotto, Jennings, DiLoreto present; Council Member Winton absent. Mr. Tito Romero, President of the Downey Board of Realtors, presented a petition containing approximately 2850 signatures of realtors and residents in opposition to Section 305 and Section 1414, Special Conditions. The petition was received as part of the record. Mr. Romero said Section 305 creates a definite hardship on the seller, particularly someone on fixed income, and in that any deficiencies are discovered through an appraisal, this section would be a duplication of effort, with the seller forced to pay another fee. He raised questions regarding enforcement of the ordinance when property is sold in an "as is" condition and how inspections of apartments would be carried out. Ms. Virginia Jean Beverly Renard, 9337 LaReina, objected to the charges for inspections as well as the added inspections. Mr. Murray Ohren suggested a program for the purpose of, educating the citizens to maintain their property and get permits when necessary. Ms. Gertrude Carroway, 11864 Brookshire Avenue, spoke in opposition to the proposed amendments and increase in fees. Mayor DiLoreto inquired if there was anyone else present wishing to speak, and there was no response. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to close the hearing. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to receive and file the Affidavits of Publication. City Manager Thompson pointed out that the desire of staff is always to bring any amendments for updating City codes to the Council for consideration; secondly, a citizens Council Minutes 7/22/75 -4- 3 committee did study apartments and make recommendations, which have been incorporated in the amendments now before the City Council; and third, he would hope City staff would be free to bring forth any recommendations for consideration of the policy body of this City that are determined to be necessary or desirable for the public at Large. Mr. Thompson noted these are recommendations of staff at large, and they are honest and straight forward recommendations that are considered to be in the public interest. It was moved by Councilwoman Scotto to accept the proposed Building Regulations with the exception of Sub -section 305, Special Inspection, and Section 1414, Special Conditions, and that the issues brought out by citizens be studied with a written report back to the Council including other cities that have been using these codes. City Attorney Sorensen advised if the motion is to delete from the ordinance which was introduced at the last meeting, then the ordinance will have to be re -introduced for the first reading, deleting Sections 8214.1 and 8222, to be adopted at the next Council meeting. The motion was seconded by Councilman Temple. Councilwoman Scotto indicated she did not want the sections deleted but taken under submission. Mr. Sorensen further advised that if the Council is going to adopt this ordinance the Resolution making the Findings about the differences between this and the Uniform Building Code would have to be adopted first. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8200, 8202, 8204, 8205, 8207, 8209, 8210, 8211, 8218, 8219, 8220, 8223, 8224, 8228, 8229, 8230, 8238, 8239, 8243 & 8248 OF THE DOWNEY MUNICIPAL CODE, REPEALING SECTION 8240, ADDING SECTIONS 8202.1, 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 Councilwoman Scotto and seconded by Councilman Temple to re -introduce the Ordinance. Councilman Jennings said he cannot vote in favor of this Ordinance and would like to have it completely redone before adopting one page. Also, he stated, any escrow of sale can be written to include inspections and that the buildings be brought up to code and, therefore, this is an unnecessary duplication and invasion of privacy and free enterprise. Councilwoman Scotto inquired about the urgency of these amendments. Mr. Lake replied the Health Code is being enforced throughout the County, and there is one section pertaining to apartments that will soon run out but would be covered by the Building Code, Mr. Spi.ndel indicated there is an interim ordinance on apartment standards which was passed by Council and has been enforced for two years on recommendation of the Apartment House Study Committee. Councilman Jennings remarked on the ambiguity of Section 12,'Page 31, pertaining to converting apartments to condominiums. Also, he said the last paragraph on Page 19 --- stating that "no slopes of any kind shall drain surface waters onto adjoining property" is erroneous. Mr. Spindel explained this is a provision for pavement of playgrounds, driveways, parking areas, and service stations because there is a higher concentration of runoff. He said he is certain the law does allow for channeling runoff to the street, and the City of Downey requires that these areas be drained to the street or to some other approved drainage structure approved by the City Engineer. Questions were raised regarding extending the emergency ordinance on the moratorium of apartments. Mr. Sorensen commented that the City has been proceeding in accordance with provisions of the Government Code which authorizes adoption of an emergency ordinance while studying and developing a new ordinance, and the ordinance can be adopted once Council Minutes 7/22/75 -5- for four months, extended once for eight months and once more for twelve months. He said if there have been two extensions then there would be no more authority to proceed under the Code provisions. However, Mr. Sorensen indicated an emergency ordinance can be adopted under the City Charter if in fact there is the necessary finding of a four - fifths vote of the City Council that there is an emergency and if after a finding by the City Council it can be supported that there truly is an emergency. Roll call vote on motion to re -introduce the Ordinance. AYES. 2 Council Members: NOES. 2 Council Members: ABSENT. 1 Council Member: Failed. Discussion followed. Scotto, DiLoreto Temple, Jennings Winton Mr. Sorensen said the matter is really under submission, and there is nothing in the Council action that will stop it from either re -introducing or adopting the ordinance at some later time. Councilman Jennings requested that the ordinance be compared with other cities in the Los Angeles basin regarding any additions they have to the Uniform Building Code as compared to what Downey has, Councilwoman Scotto asked for an evaluation as to the effectiveness of the programs in other cities and a staff report answering questions and points raised at the hearing. Mayor DiLoreto suggested that the items with regard to improvement of quality of apartment houses with respect to construction and maintenance standards should be brought back to the City Council. He said something should be done in order to improve the codes, ORDINANCE NO. 484 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 Temple, seconded by Councilman Jennings, 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 Ordinance No. 484. Mr. Sorensen asked Council to withhold action on this Ordinance until after adop- tion of the Resolution adopting the Findings. He said the Resolution does make reference to the Uniform Building Code in Section 1, and that would be deleted. RESOLUTION NO. 3151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING EXPRESS FINDINGS REGARDING MODIFICATION OF UNIFORM CODES FOR BUILDING REGULATIONS The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3151, AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Roll call vote on adoption of Ordinance No. 484. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton ORDINANCE NO. 485 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 Council Minutes 7/22/75 -6- The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 485. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT. 1 Council Member: Winton ORDINANCE NO. 486 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 Temple, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 486. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton ORDINANCE NO. 487 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 Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 487. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: - Winton ORDINANCE NO, 488 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 Councilwoman Scotto, and .so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 488. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT, 1 Council Member: Winton Mayor DiLoreto requested that if the Building Division does propose additional ......._ changes in the future that a letter be directed to the President of the Downey Board of Realtors so they will be aware of what will be transpiring. Removal of Items from Consent Calendar: None It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to approve the Consent Calendar as submitted: Denial of Legal Claim, Ref. #241, Robert Barkey. Cash Contract #369, Crawford Park, Building Addition: Plans, specifications, and grant authority to advertise. General Warrants: #139137 - 139231. #148358 - 148369. #201628 _ 201647; $334 769,30 Downey Improvement Project #672, West side of Paramount Boulevard between Imperial Highway and Borson Street: Authorize initiation of Chapter 27 proceedings for sidewalk construction and approve sidewalk matching funds in the amount of $293. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Council Minutes 7/22/75 -7- 571 7 ORDINANCE NO. 489 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 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 adopt Ordinance No. 489. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton The Ordinance pertaining to Animal Control - Wild or Vicious Animals and Reptiles was removed from the Agenda pending review by the City Attorney. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2722 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO HOLIDAYS The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to introduce the Ordinance. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton RESOLUTION NO. 3152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 75/26 FIFTH STREET BETWEEN BROOKSHIRE AVENUE AND BIRCHDALE AVENUE) The Resolution was read by title only, It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3152. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Community Development Director Spindel reported the cost for installation of the undeigroundin.g service and the lights will be paid for as part of the undergrounding project from Edson. Company funds. He said the annual operating cost is estimated to be $394.08, and the annual operating cost will be the Zone I cost of 23C per $100 assessed valuation. He noted a petition has been received of 70 percent of the property owners on Fifth Street. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 3153 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 75/26 FIFTH STREET BETWEEN BROOKSHIRE AVENUE AND BIRCHDALE AVENUE) The Resolution 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 adopt Resolution No. 3153. Council Minutes 7/22/75 -8- AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton RESOLUTION NO. 3154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING MANAGEMENT EMPLOYEE BENEFITS The Resolution 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 adopt Resolution No. 3154. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #372 Sidewalk - Florence Avenue at Wilderness Park, and accept responsibility for maintenance thereof. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #SS-305, Imperial Highway: Bellflower Boulevard to Coldbrook Avenue; Florence Avenue: Arrington Avenue to Haledon Avenue; the responsibility for maintenance thereof; and authorize extra work in the amount of $544. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed under Cash Contract #358, Wheelchair Ramps and Sidewalk Construction, and approve extra work in the amount of $782.55. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed under Cash Contract #368, Tennis Court Lights; approve an extension of time in the amount of 23 working days; and approve extra work in the amount of $211.88. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Sidewalk Matching Funds at the following locations in the amount of $4,909.00, and deny Sidewalk Matching Funds for Nos. 386 and 389. Estimated M.F. No. Address City Cost 375 12526 Downey Ave. $ 409 376 12602 Gneiss Ave. 842 377 9303 Cecilia St. 783 378 13212 Dunrobin Ave. 129 379 11729 Bellflower Blvd. 143 380 9050 Passons Blvd. 174 381 12357 Glynn Ave. 245 382 12320 Glynn Ave. 104 383 12356 Glynn Ave. 189 384 13117 Blodgett Ave. 94 385 11047 Studebaker Rd. 1028 386 11503 0ld River School Rd. -0- (Arnett frontage) 387 13221 Blodgett Ave. 116 388 12362 Glynn Ave. 653 389 13139 Blodgett Ave. -0- $4909 AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Council Minutes 7/22/75 -9- It was moved by Councilwoman Scotto, seconded by Councilman Temple, and passed by the following vote to authorize the Director of Community Development to execute an Agreement for Fence Relocation West side of Woodruff Avenue. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Members Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to authorize execution of a Grant Deed by the Mayor conveying an. area to the State Department of Transportation, Right -of -Way Acquisition, Firestone Ron].evard and Old River School. Road. Cash Contract #SS-297. A-4026. Councilman Jennings referred to problems occurring as a result of westbound traffic on Firestone Boulevard making a right -turn at the corner of Old River School Road without stopping. He asked if a stop sign has been installed. City Manager Thompson said this matter will be looked into. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilwoman Scotto and seconded by Councilman Temple to approve the Preliminary Bikeway Report and authorize the filing of requests for SB 821 funds per staff recommendation submitted July 14, 1975. (See later motion.) Councilman Jennings commented on the report and said he thinks the Council should decide whether it is considering bikeways for recreation or transportation. He men- tioned the priority projects for bikeways along the bridge at the Rio San Gabriel River, the Rio Hondo Channel, the Rio San Gabriel Channel, and the Southern Pacific Railroad right-of-way and pointed out all of these are for recreation. He stated the report is negative in its findings. Councilwoman Scotto indicated the report is preliminary and would be accepted as such. She said this is the beginning of a program, funds are available through SB 821, and there is a deadline on this. Community Development Director Spindel reported the application is for off-street projects and is in line with the report. He said the bike bridge over the San Gabriel Channel has been approved by the City Council for FAU funding; the matching funds were approved in the budget to come out of the Capital Improvement Fund; and it is suggested this be changed to save the money from the City'"s Capital Improvement Fund and use SB 821 funds for matching, which is legal. Mr. Spindel commented on the proposed bike trails and stated whether for transportation or recreation, the bikes are still transportation, and the trails are intended to get the bikes where they want to go as safely as possible. Mayor DiLoreto indicated he would have no objection to approving this project provided the bike lanes on Brookshire, Paramount, Old River School Road, and Foster Road were deleted. Mr. Spindel advised approval is requested only for two off-street projects: The bikeway bridge on the Rio San Gabriel Channel, and the bikeway trail access at the Rio Hondo Channel. During discussion, Mr. Spindel further explained in order to be eligible for the funds, a project must be in the process of being approved during the current fiscal year. With the consent of the second, the motion to approve was rescinded. It was moved by Councilman Jennings, seconded by Councilman Temple_, and passed by the following vote to authorize filing the application for SB 821 Funds for the bikeway bridge on the Rio San Gabriel Channel and bikeway trail access at the Rio Hondo Channel. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote that the signs on Rives Avenue indicating a bicycle trail be removed and stored for further use. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Council Minutes 7/22/75 -10- It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to reject any proposed changes relative to Fireworks (Safe and Sane) Downey Municipal Code, Section 3300, per Report on Fireworks Activity, July, 1975. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Amendments to Capital Improvements Program 1975-76, as set forth. AYES: 4 Council Members: Temple, Scotto, Jennings, DiLoreto ABSENT: 1 Council Member: Winton Communication from Downey Committee on Aging regarding Lack of Proper Facilities for Senior Citizens. Mr. Bernie Manka, 12066 Paramount Boulevard, Downey, President of the Downey Committee on Aging, discussed the lack -of facilities for various recreation and social activities of the senior citizens and said the committee along with the Director of Parks & Recreation inspected the Rives School, which is now available. Mr. Arthur Hayworth, 10736 LaReina Avenue, President of AARP, Downey Chapter, commented on the need for adequate facilities. Ms. Ireta Kai, President of the Downey Senior Citizens Recreation Club, 8441 Firestone Boulevard, .discussed the need for larger facilities and said they would like the facility to be open seven days a week. Ms. Jewel Vickers, 10517 Myrtle Street, Downey, President of the Senior Californians of Downey, suggested use of the Rives School for senior citizens activities. Ms. Ann Block, President of the Ner Tamid Senior Citizens Group, asked the Council to consider use of the Rives School. Ms. Helen Madsoff, 10330 Downey Avenue, said the Rives School would be an ideal facility, Ms. Signe VanHoeven, 8533 East Donovan Street, commented on the need for larger facilities and use of the Rives School. Mayor DiLoreto stated the possibility of the City at this time purchasing the Rives School is not likely. He suggested use of the old Fire Station and requested the City Manager to look into the possibility. City Manager Thompson indicated he will have a report on the Rives property to the Council in about two months. Mr. Manka said the Rives School would be the most advantageous facility for recreational and social activities, but he would welcome any assistance from the City. He expressed appreciation for the help of Traffic Engineer Chuck Eccleston on the Bus Program. Councilman Jennings noted the Community Development Grant funds are aimed at a senior citizen participation center and could possibly be used for the Rives School. Mr. Thompson explained the City Council will have the prerogative of adopting a final plan for the grant following a community wide needs assessment, at which time the funds could be assigned within the total eligibility requirements of the act, and senior citizen programs are eligible.. Parks & Recreation Director Neavill commented he is in the process of exploring with the school district a tentative, temporary arrangement for use of the Rives School by the senior citizens. He said if this meets with the approval of the Council, he will continue to work with the school district in this regard. The Council concurred. CITY MANAGER'S REPORT City Manager Thompson indicated he will be asking for an executive session for discussion of personnel salary matters. Council Minutes 7'/22/75 -11- 52, 1 ORAL COMMUNICATIONS Councilwoman Scotto commented that representatives from other cities have met regarding the Mid Cities Bus Study and a change in the proposed route has been concluded, She requested Council action in the form of a letter to the Board of Directors of RTD and County Supervisor Schabarum explaining that the new route will serve Downey much better. Mr. Thompson said under the Mid Cities proposal there was a comment by staff and approved by Council that there be some kind of bus service on Woodruff Avenue. He stated the City of Norwalk objected to the Studebaker Road route and in lieu of that has proposed a line that would go down Studebaker to Firestone, west on Firestone to Woodruff, and then down Woodruff. He pointed out that this would serve the section of the City that currently has no service under the Mid Cities proposal. Councilman Jennings left the meeting at 12:50 p.m. Mayor DiLoreto asked the City Manager to prepare a letter and circulate it to the Council. Councilman Jennings returned to the meeting at 12:52 p.m. Councilman Temple thanked the staff, citizens, the City Council, and particularly the citizens for enabling him to be elected to the City Council. He introduced his wife, Kay, and three children. Mayor DiLoreto and the City Council presented to Councilman Walter Temple a plaque for his three and one-half years on the City Council, including his term as the City's Mayor Pro Tempore from February 10, 1975 to July 31, 1975. Mayor DiLoreto recessed the meeting to executive session at 12:57 p.m. to discuss personnel salary matters. The meeting resumed at 1:39 p.m. with Council Members Temple, Scotto, Jennings, DiLoreto present. Mayor DiLoreto announced the City Manager will attempt to meet with the Fire Department with respect to negotiate salaries. Captain Ralph Howe of the Downey Fire Department extended his appreciation to the City Council for giving this matter further consideration. There being no further business to come before the City Council, the meeting was adjourned at 1:42 p.m. to 5:00 p.m., August 6, 1975, in' -.the Council Chambers of the Downey City Hall, to consider applications regarding appointment to fill the vacancy of Councilmanic District No. 3. Robert L. Shand, City Clerk -Treasurer Jose h E. DiLoreto, Mayor Council Minutes 7/22/75 -12-