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HomeMy WebLinkAboutMinutes-09-23-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 23, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT: Removal of Items from Consent Calendar Minutes, September 8, 1975 Agenda Correspondence Item CC #385, SW Corner Luxor & Mitla - Plans, specs, and authority to advertise f/bids CC #SS-201, Clark Ave.: Imperial to James; Quill Dr.: Paramount B1. Wly. - Plans, specs, and authority to advertise f/bids CC #SS-303, Slurry Seal, Fiscal Year 75-76 - Accept improvements General Warrants #140097 - 140270 #148472 - 148490 #201735 - 201747 Resolution #3172, Prohibiting Parking Cert. Times Once/Wk. N/s Stewart & Gray Rd. bet. Adenmoor & 200' E/o Coldbrook for Street Cleaning & Rescind Res. #3098 Resolution #3173, Prohibiting Parking Anytime E/s Bellflower B1. bet. Imperial & Ratliffe Resolution #3174, Prohibiting Parking Anytime W/s Woodruff Ave. from Firestone to 200' S/o Centerline of Cecilia Resolution #3175, Req. Service under County General Services Agmt. f/Meeting Microfilm Security Storage Requirements DIP #674, S/o Stewart & Gray Rd. bet. Brookshire & Downey - Auth. Chapter 27 proceedings for sidewalk const. & approve SMF in amount of $975.50 DIP #675, N/s Cecilia St. bet. Woodruff & Pangborn - Auth. Chapter 27 proceedings for sidewalk const. & approve SMF, $1,128 DIP #676, S/o Stewart & Gray Rd. bet. Paramount & Orizaba - Auth. Chapter 27 proceedings f/sidewalks & driveway aprons Ordinance Establishing Health & Environmental Sanitation Commission Resolution #3176, Ordering Dir. Comm. Dev. to make report (Annex. 75/2 - 75/20) Engineer's Report (Annex. 75/2 - 75/20) Resolution #3177, Decl. Intention to Annex to City Ltg. Dist. (Annex. 75/2 - 75/20) Resolution #3178, Amending Sec. 5A, Art. IX, Downey Personnel Manual, re Holidays CC #SS-223, Fifth St., Brookshire to Lakewood - Award to Griffith Co. of Long Beach CC #SS-283, Old River School Rd. Storm Drain - Award to Bubalo Construction Co. of Reseda ACTION• Approved Filed Approved Approved Approved Approved Adopted Adopted Adopted Adopted Approved Approved Approved Failed Adopted Received & filed Adopted Adopted Approved Approved PAGE NO. 1 L 1 1 1 1 1 1 1 1 1 2 2 2 3 3 3 3 3 Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 23, 1975 TABLE OF MINUTE ACTIONS SUBJECT: CC #SS-295, Brookshire Ave. bet. Cole & Firestone - Award to Griffith Co. of Long Beach; advance approval for SMF CC #337, Fourth P1., Fourth St., & Fifth St. - Accept improvements CC #SS-297, Firestone B1. at Old River School Rd. - Accept improvements & auth. changes in work for increase of $1,339.11 CC #386, ZE 1226, 7416 Stewart & Gray Rd. - Req. to participate in const. of sewer main & advance funds Sidewalk Matching Funds, M.F. #398, 400,_401 Underground Util. Dist. #9, Fifth St. - Req. of So. Cal. Edison to extend completion date by 60 days to 11/30/75 Amendments to Capital Imprvmts. Program Appointment of Hortense Marikian to Rose Float Assn. 505 Commission Report (Transportation Funding in California) Request for auth. to advertise for bids on Two Fire Pumpers Rio Hondo Disposal Audit California Animal Control contract - Join Pico Rivera & Norwalk in forming committee & advancing necessary money to fund CAC until self-supporting if cities receive assignment of moneys due CAC from Hunt. Beach CAC Multi -city Program - Designation of funds Use of City equipment to remove grafitti on private property Councilman Jennings - Excused absence from Council meetings for month of October Study session to discuss report on City Hall Expansion Senior Citizens Transportation Grant Exchange of American Currency California Animal Control ACTION• PAGE NO. Approved 3 Approved 3 Approved 4 Approved 4 Approved 4 Approved 4 Held to next meeting 4 Appointed by Councilman Jennings 4 Filed 4 Approved 5 Received by Council 5 Approved 7 Approved 7 Request by:C6uncilman.Greene for input next meeting 8 No objections stated 8 Set for 9/26/75 8 Discussion 8 Comments by Councilman Winton 8 Mayor suggested negotiations w/County & SPCA; called for performance bond 8 Page 2 of 2 r,y�7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 23, 1975 The City Council of the City of Downey held a regular meeting at 8:00 a.m „ September 23, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Hazel N. Scotto, Donald H. Winton, Richard M. Jennings, William L. Greene, Joseph E. DiLoreto ABSENT: Council Members: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney 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 Robert E. Griffin, Manager, Financial Systems Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Scott Ryan, Grace Baptist Church, followed by the Flag Salute led by Councilman Winton. Removal of Items from Consent Calendar Agenda Item VIII-C-4, Request for authorization to advertise for bids on Two Fire Pumpers, was removed from the Consent Calendar, to be brought up during the City Manager's Report. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes of the City Council Meeting of September 8, 1975. Communication from Planning Commission regarding Vacancy on Planning Commission. Cash Contract #385, Southwest Corner of Luxor Street and Mitla Avenue - Approve plans, specifications, and grant authority to advertise for bids. Cash Contract #SS-301, Clark Avenue: Imperial Highway to James Street; Quill Drive: Paramount Boulevard Westerly - Approve plans, specifications, and grant authority to advertise for bids. Cash Contract +#SS-303, Slurry Seal, Fiscal Year 1975-76 - Accept the improvements in conjunction with the subject project. General Warrants: #140097 - 140270• 41148472 - 148490. #201735 - 201747 - $367,559.21. RESOLUTION NO. 3172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON THE NORTH SIDE OF STEWART AND GRAY ROAD BETWEEN ADENMOOR AVENUE AND 200 FEET EAST OF COLDBROOK AVENUE FOR STREET CLEANING AND RESCINDING RESOLUTION NO. 3098 ..._...... RESOLUTION NO. 3173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT ANYTIME ON THE EAST SIDE OF BELLFLOWER BOULEVARD BETWEEN IMPERIAL HIGHWAY AND - RATLIFFE STREET RESOLUTION NO. 3174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT ANYTIME ALONG THE WEST SIDE OF WOODRUFF AVENUE FROM FIRESTONE BOULEVARD TO 200 FEET SOUTH OF THE CENTERLINE OF CECILIA STREET RESOLUTION NO. 3175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING SERVICE UNDER THE COUNTY OF LOS ANGELES GENERAL SERVICES AGREEMENT FOR THE PURPOSE OF MEETING MICROFILM SECURITY STORAGE REQUIREMENTS Council Minutes 9/23/75 -1- (�3 n � YS✓�! Downey Improvement Project No. 674, South side of Stewart and Gray Road between Brookshire Avenue and Downey Avenue - Authorize initiation of Chapter 27 proceed- ings for sidewalk construction and approve sidewalk matching funds in the amount of $975.50. Downey Improvement Project No. 675, North side of Cecilia Street between Woodruff Avenue and Pangborn Avenue - Authorize initiation of Chapter 27 proceedings for sidewalk construction and approve sidewalk matching funds in the amount of $1,128. ith side of Stewart and Paramount Boulevard and Orizaba Avenue - Authorize initiation of Chapter proceedings for the completion of sidewalks and driveway aprons. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Ordinance establishing the Health and Environmental Sanitation Commission City Clerk Shand commented on receipt of a draft ordinance from the City Attorney, which he said differs slightly from the original draft placed in the Council packets. City Attorney Sorensen mentioned language was added to Section 8421 pertaining to members' terms and providing for an initial membership of ten; that in the event a vacancy is created, it shall not be filled so Long as there is at least one representa- tive on the commission from each Councilmanic district. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PART 8 OF CHAPTER 4 OF ARTICLE II OF THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTIONS 2480 THROUGH 2487 WHICH SECTIONS RELATE TO THE ESTABLISHMENT OF THE HEALTH AND ENVIRONMENTAL SANITATION COMMISSION The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Winton to introduce the Ordinance. Councilwoman Scotto indicated she is not in favor of the ordinance, inasmuch as the committee does not handle projects such as other commissions and boards. She said the Council needs a committee to analyze programs and monitor certain contractors, and this committee has been helpful to the Council in that capacity. Councilman Winton pointed out the duties of this committee were well outlined in the policy established by Council for all committees and commissions. Mayor DiLoreto commented that the responsibilities given to the committee have been specific and he feels it would function much better as a commission. Councilman Winton questioned the thought of using the title of commission and what power would this title carry. Councilman Greene said the committee members do not want their membership reduced to five. Councilman Jennings commented that the commission would meet monthly and could appoint a sub -committee if the workload became too great for five members. AYES: 2 Council Members: Jennings, DiLoreto NOES: 3 Council Members: Scotto, Winton, Greene (Motion failed) RESOLUTION NO. 3176 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 (ANNEXATIONS 75/2 THROUGH 75/20) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. City Engineer Henriksen reported on the various areas throughout the City which have had street lighting required in conjunction with a subdivision, planning case, or Section 8100. He said the annual operating cost will be $2714.28. Council Minutes 9/23/75 -2- - a F D4 t s` It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3176. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto RESOLUTION NO. 3177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983. (ANNEXATIONS 75/2 THROUGH 75/20) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3177. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto RESOLUTION NO. 3178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 5A OF ARTICLE IX OF THE DOWNEY PERSONNEL MANUAL, WHICH SAID SECTION RELATES TO HOLIDAYS The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3178. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Following a summation of bids, it was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #SS-223, Fifth Street Brookshire Avenue to Lakewood Boulevard, in the amount of the unit prices bid, to Griffith Company of Long Beach, the lowest and best bidder. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to award Cash Contract #SS-283, 0ld River School Road Storm Drain, in the amount of the unit prices bid, to Steve Bubalo Construction Company of Reseda, the lowest and best bidder. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Following a summation of bids, it was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to award Cash Contract #SS-295, Brookshire Avenue between Cole Street and Firestone Boulevard, in the amount of the unit prices bid, to Griffith Company of Long Beach, the lowest and best bidder, and grant advance approval for sidewalk matching funds requested by the property owners within the limit of this project. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #337 Fourth Place, Fourth Street and Fifth Street, and accept the responsi- bility for maintenance thereof. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Cash Contract #SS-297, Firestone Boulevard at 0ld River School Road Councilman Jennings stated he showed the Mayor and Director of Community Develop- ment a hazardous condition that exists at the pedestrian crosswalk at Burns Avenue, and he was informed it would be fixed. He said it is not fixed, and he would not want to be part of accepting this project until it is right. Council Minutes 9/23/75 -3- Mayor DiLoreto concurred that the hazard exists. City Engineer Henriksen explained the work on this contract was performed as it was designed. He said although an alternate situation is being considered, the railroad gates must be installed before anything can be done. It was moved by Councilman Jennings to accept the improvements completed in conjunction with Cash Contract 9kSS-297,.Firestone Boulevard at Old River School Road, accept responsibility for maintenance thereof, and authorize changes in the work at a net increase in cost of $1,339.11. Mr. Henriksen suggested a curb might be installed to alleviate the problem. The motion was seconded by Councilman Winton and passed by the following vote. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to approve a request to participate in the construction of a sewer main on Cash Contract #386, Zone Exception 1226, 7416 Stewart and Gray Road, and advance $6,200 from the Capital Projects Fund Balance (Fund 40) to Account No. 72-12938 (Sewer Connection Fund). AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 398 12531 Clark Avenue $114.00 400 8040 Stewart and Gray Road 233.00 401 8226 Puritan Avenue 46.00 Total Estimated City Cost $393.00 AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to approve request from Southern California Edison Company to extend the completion date by 60 days to November 30, 1975, on Underground Utility District No. 9, Fifth Street. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Amendments to Capital Improvements Program Councilwoman Scotto asked that this be taken under submission. Responding to questions, City Manager Thompson said the only project in immediate design would be the parking Lot at Wilderness Park, and a two -week delay would not be any problem. He stated these amendments are additions to the Capital Improvements Program and were considered at budget time. It was so ordered by Mayor DiLoreto hold this matter until the next Council meeting. Councilman Jennings commented on his appointment of Hortense Marikian to the Rose Float Association. 505 Commission Report (Transportation Funding in California City Manager Thompson reported the City has been notified by the County on all of the Highways through Cities Funds and other Gas Tax support funds that the amounts received are insufficient to meet all of the highway maintenance and improvement costs. He said the amount of maintenance funds received by the City has not been sufficient to keep up with advancing costs. Mayor DiLoreto asked whether the language contained in the report indicates the City is to take a position in favor of adding another one cent to the present gas rate which is constantly increasing. Mr. Thompson replied yes, the report would be favoring some increase in the amount. Council Minutes 9/23/75 -4- Councilwoman Scotto indicated she would like to spend time reviewing this before it is sent out, and possibly the Council could come up with some different ideas for approval. Mr. Thompson stated there is an extensive 505 Commission Report available in his office, the Public Works'office, and the City Council's office. He said the summary being presented is gleaned from that extensive report. Mayor DiLoreto mentioned before any letter is sent to the Department of Transporta- tion, the League, or any other agency, the Council should by affirmative vote take a stand whether it is recommending a one cent increase in the Gasoline Tax rate. CITY MANAGER'S REPORT Request for Authorization to Advertise for Bids on Two Fire Pumpers Explaining that the lead time required after ordering the pumpers is approximately 15 months, Mr. Thompson stated it is necessary that the City place bids this fiscal year for delivery next fiscal year. He said due to the cost increases, consideration should be given to the possibility of ordering both pumpers with receipt in a shorter period of time. He mentioned there is a potential for selling the pumpers that are being replaced. Fire Chief Wood pointed out that the present engines being used are obsolete, and the price for parts is prohibitive. Responding to questions, Chief Wood explained the bid price will be firm and based on delivery date. Mr. Thompson advised the Council might want to consider that in recent purchases of pumpers it has been found that cities in objecting to the prices quoted have been able to get a reduction following bid receipts, and if the costs are too high, the Council might want to explore the possibility of rejecting the bids and authorize negotiations. Chief Wood explained by negotiating it might be possible to tie onto a major contract with a larger community to secure a substantial savings. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to authorize the Manager of Procurement to solicit bids on two 1250 gallons per minute Fire Pumpers. Councilman Jennings indicated he would assume before the final bids are signed that the State, the Forest Service, the County, and various agencies will be contacted to see if the City can tie onto their contract. AYES: 5 Council Members: Scotto, Winton, Jennings, Greene, DiLoreto Rio Hondo Disposal Audit. Submitted for information. Mr. Thompson stated the audit was submitted by the firm of Diehl, Evans and Company and has been submitted to the Health and Environmental Sanitation Committee and reviewed by the Director of Finance and Director of Community Development. He said the audit indicates the company has met all of the conditions of their agreement with the City except for the replacement schedule of trucks, and now that these conditions have been met it appears Rio Hondo Disposal could meet that particular requirement. Mr. Thompson mentioned the report indicates the system is exemplary and further indicates it would be sufficient to provide all of the requirements of the City. Council noted receipt of the audit report. Speaking to the California Animal Control contract (CAC), Mr. Thompson indicated there will be hearings on October 2, 3, 4, regarding some of the requirements springing from the District Attorney's investigation, all of which are requirements of the law as it exists. He explained CAC is in arrears in paying its employees; both the cities of E1 Monte and Huntington Beach have withheld substantial amounts of money from the company; and the City of Huntington Beach has indicated it will be withdrawing from the coverage by CAC and making a payment and settlement to that company. Mr. Thompson said he, the police chief, and other members of staff have met with representatives from the cities of Seal Beach, Pico Rivera, Norwalk, and Manhattan Beach, and those cities are continuing with CAC, with attempts being made to develop a program which would allow a complete evaluation of the company's ability to carry on its prescribed contract. He noted the program consists of the following: 1. The program would call for the cities to establish a fund contributed to by each of the cities. The City of Norwalk has agreed to contribute $12,000, and the City of Pico Rivera has agreed to contribute $6,000. It is requested the City of Downey consider $10,000 towards this particular fund. Council Minutes 9/23/75 -5- The fund itself would be controlled, along with all other receipts of CAC, by a committee representing the three cities to administer or act as a management committee. None of the funds would be expended without approval by the committee. 2. In accordance with requirements of the State Code, it is requested CAC assign all of its unencumbered assets to the cities or in such manner as the City Attorney would prescribe, not only to protect any advance moneys that are made but to allow the committee to make a full evaluation and development of a program to provide for continuing animal control program in the future. With the establishment of the committee, the advance of money, and the assignment of assets, it is felt within the next 30 days or by November lst that it can be determined whether or not the company will be able to continue. Mr. Thompson stated CAC, through its attorney, has indicated its desire and intention to stay in business and is taking steps to develop a management program to ensure a continuation of the company. Also, he said this would allow any further time to develop alternatives, if necessary, in the next 30 days, however, the City's best interest would be served if CAC could remain in business and become a viable operation. Mr. Thompson pointed out it is expected that the principle amount of license collections will be received within the next two weeks, with the penalty -free period expiring as of September 30th both in Downey and Norwalk. Councilman Jennings questioned advancing money to CAC before finding out what their settlement is from the City of Huntington Beach. Mr. Thompson replied that it may not be necessary to use the money put up by the cities. However, he said it would be expected that if collections are made from any other cities such as El Monte or Huntington Beach, that the money would be repaid first to the cities advancing funds because it will be under the control of the committee. Councilman Jennings indicated before voting to advance any money he would want to be told that CAC had attempted to obtain a factoring agent for money owed them legiti- mately by the City of Huntington Beach and whether that factoring request was successful. He stated for the record that he was not familiar with some of the events that have taken place until last Thursday (September 18th), and one of the items was the fact that CAC had failed to post the $100,000 faithful performance bond. Councilman Jennings said the performance bond was requested in the agreemend signed June 9th and gave ample opportunity before beginning operation on July lst for obtaining the bond, which as of this date has not been obtained. He raised concern that the company has any unencumbered assets and asked why a financial check was not made on the company prior to signing the contract and allowing them to collect fees without a faithful performance bond. Mr. Thompson replied that the bonding requirement was inserted at his request at the end of the contract negotiations with CAC; that it was not in the contract as originally proposed but was inserted later and submitted to the Council for approval. He reviewed the events that subsequently took place and the eventual announcement by CAC that they could not obtain the required bond. Councilman Jennings asked if a financial check had been made on the company. Mr. Thompson replied the only check was with the three cities being served by CAC, and the cities gave good recommendations. Mayor DiLoreto stated the real question of the City Council is how far is the City going to go in order to save the company. He said the City should be looking at other areas in case the company fails. Mr. Thompson commented on the bad publicity and complaints received, which in most respects have not been completely founded. He said as far as assets are concerned, the company has approximately $50,000 worth of unencumbered assets which he believes shows an intent to do business in the community. Speaking to the incident with the City of E1 Monte, Mr. Thompson pointed out that CAC rendered services to that City without pay, and after requesting pay was refused. He said that is the reason the dogs were taken back to El Monte. Councilwoman Scotto mentioned through her conversations with Councilmen from other cities that they are satisfied with the service. She agreed to seeking a proposal from SPCA. Councilman Winton pointed out there is no alternative although the SPCA did indi- cate they might be able to do service with the City of Downey. He commented on the poor service of the County and the complaints he has received. Councilman Winton said as long as there is a document that entitles the City to that much or more on the sale of equipment owned by CAC he would have no qualms about advancing the funds. Council Minutes 9/23/75 -6- tB mL? j Mr. Thompson explained the proposal before the Council is, in contributing the money with the other cities, there would be no intention of actually assuming any credit or any liability of this company; that the money would not be expended under any consideration until approved by the management committee. He said it would be the purpose of that committee to review complete financial records of the company. Questions were raised regarding the City's rights should the company close its doors or go into receivership. City Attorney Sorensen replied if the company goes into receivership or bankruptcy there has to be a court trustee appointed, and he would question whether the City would have the right to assume control of the facility. Discussion followed. Mayor DiLoreto inquired if CAC has projected what it should collect in fees, penalties, etc. Mr. Thompson replied there was a general estimate of around $115-200,000, however, there will be additional fees or boarding, citations, etc. He said CAC has been asked to prepare its projection for the cities of Downey, Norwalk, and Pico Rivera and submit it this week. It was moved by Councilman Jennings to join Pico Rivera and Norwalk in forming a committee and advancing the necessary money to fund CAC until it is self-supporting, if and only when the three -named cities receive an assignment of those moneys due CAC from the City of Huntington Beach now being held. For clarification, Mr. Sorensen inquired if it is the intent of the motion to approve the recommendation and concept as presented by the City Manager plus an assign- ment of whatever may be available from the City of Huntington Beach. Councilman Jennings replied yes. Mr. Thompson said Mr. Dennis Smith (of CAC) and his attorney had agreed to approve this recommendation. _. Mr. Gino Gaudio, Assistant to the City Manager of Seal Beach, 211 8th Street, Seal Beach, stated last night the Seal Beach City Council's action was to be included in the receivership committee and included in the administration of any funds forthcoming to CAC. He requested that the Downey City Council add Seal Beach to this as one of the participants in addition to Norwalk, Pico Rivera, and Downey. Mayor DiLoreto inquired if the City of Seal Beach was requested to advance funds. Mr. Gaudio replied no. The motion was seconded by Councilman Winton and passed by the following vote. Mr. Sorensen stated it is his understanding the motion is to approve the recommenda- tion concept as contained in the City Manager's memorandum of September 22, 1975, plus the additional requirement that CAC authorize the assignment of any funds it has coming from Huntington Beach to this committee, and that the approval be conditioned on that. Roll call vote: AYES: 4 Council Members: Scotto, Winton, Jennings, Greene NOES: 1 Council Member: DiLoreto It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to approve designation of funds from Account No. 1410.0070 for implementation of the CAC Multi -city Program. AYES: 4 Council Members: Scotto, Winton, Jennings, Greene NOES: 1 Council Member: DiLoreto ORAL COMMUNICATIONS Winifred Yurechko, 7710 Allengrove Street, Downey, spoke regarding the California Animal Control contract and said the finances of the business should have been looked into before entering into the agreement. Mr. Bruce Watson, 7326 Neo Street, commenting on Council Absences, asked the Council to seriously consider in the future granting leaves of absence for up to two months for any Council person. Council Minutes 9/23/75 -7- Councilman Greene inquired about the use of City equipment to remove q ygrafitti` on private property and the liability on the part of the City. City Attorney Sorensen replied it could not be used on private property without the owner's permission. He said to erase grafitti which is an eyesore to the public and constitutes depreciation of property values in the community would be an appropri- ate public purpose and could be done for a nominal charge. Councilman Greene requested input for the next Council meeting. City Manager Thompson explained the City does have a machine for use on City property, but to date it has not been used on private property. Mr. Sorensen advised the Council would have to outline a policy, wherein it finds that grafitti under particular circumstances, instances, and locations constitutes a depreciation of property values in the area, a detriment to the community, and that it is a public purpose and for public and general welfare to have it erased. He said if the Council adopts standards and defines a policy, then the staff could be guided; that with permission of the property owner, then the equipment could be used. Councilman Jennings indicated this would be a logical item to turn over to the Health and Environmental Sanitation Committee. Councilman Jennings asked to be excused from the Council meetings for the month of October. No objections were stated. Councilman Jennings called for a Council study session prior to October 4th to discuss the report on City Hall Expansion. It was noted the consultant would like to be present at the discussion. The study session was set for 5:15 p.m., September 26, 1975, in the Council Chambers of the Downey City Hall. Speaking to the Senior Citizens Transportation Grant which has been approved by the Los Angeles County Board of Supervisors, Councilman Jennings inquired about the City's financial involvement. City Manager Thompson replied the grant was secured by the Committee on Aging and the City agreed to take over administration of the grant. He said there is no actual cash commitment on the part of the City, however, there will be some personnel time involved. Mr. Thompson mentioned approval has been received for hiring CETA employees as bus drivers up to a maximum of four, and there seem to be some questions as to whether the buses will be leased or purchased. Councilman Jennings indicated that before the City becomes involved in purchasing buses, the Council should be informed. Mr. Thompson noted the grant does cover reimbursement for some of the personnel costs, and the contract for the buses would be dependent on the grant itself. Councilman Winton pointed out the City Charter requires a public notice be posted 24 hours in advance of any City Council meeting, and while on vacation he was within six hours flying time at any given moment to respond to any need of the City Council. Also, he said the present Mayor is elected from all of the districts and can fulfill competently any need that arises. Commenting on Exchange of American Currency in other countries. Councilman Winton indicated he first had to purchase Japanese Yen or German Mark in order to exchange money on the world market. He said that Downey as a City and representatives within cities should put more emphasis on Federal leaders and people making Federal policies in order to bring this country back to a security level as a nation. Mayor DiLoreto mentioned in light of whatever the financial plight might be of the California Animal Control, he would request the City open channels for negotiations with the County, SPCA, and anyone else interested. He suggested that a letter be sent requesting CAC file a performance bond with the City. There being no further business to come before the City Council, the meeting was adjourned at 10:35 a.m. to 5:15 p.m., September 26, 1975, in the Council Chambers of the Downey City Hall. (, �:, t,, i 1 -�_� tom. •s-..-®. Robert L. Shand, City Clerk -Treasurer Jose E. DiLoreto, Mayor Council Minutes 9/23/75 -8-