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HomeMy WebLinkAboutMinutes-05-10-76-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 10, 1976 T A B L E O F M I N U T E A C T I O N S SUBJECT: Commendation to Mr. Edward Woolverton ACTION: Appropriate $75 from Special Projects Fund for U.S. Bond Approved DIP #683, Lemoran Ave. bet. Lubec St. & Gallatin Rd. - Grant auth. to Comm. Dev. Dept. to proceed w/const. under sidewalk matching program Failed Resolution #3281, Finding Public Convenience & Necessi,ty req. Imprvmt. of Orange St. (AD 119) Adopted Resolution #3282, Overruling Protests (AD 119) Adopted Resolution #3283, Ord. work to be done on Orange St. in accord w/Resol. of Int. #3268 (AD 119) Adopted Resolution #3284, Confirming Assmt. for Chptr. 27 for DIP #684, W/s Dunrobin Ave. bet. Foster Rd. & Priscilla St. DIP #688, N/s Orange St. bet. Planett Ave. & Brookshire Ave. - Grant auth. to Comm. Dev. Dept. to proceed w/const. DIP #687, N/s Orange St. bet. Glynn Ave. & Dolan Ave. - Grant auth. to Dept. Comm. Dev. to proceed w/const. in conjunction with AD 119, Orange St. Budget for Fiscal Year 1976-77 - Hearing Adopted Approved Approved Set for 5/25/76, 7:30 p.m. - Add'1 newspaper ads requested Council Meeting of May 25, 1976 - Reschedule morning meeting to 7:30 p.m. for Budget hearing & reschedule study session from 5pm to 4pm Approved Removal of Items from Consent Calendar Minutes, Regular Meeting April 27, 1976 Denial of Legal Claim, Ref. #274 General Warrants #144384 - 144797 #202407 - 202488 Request for hearing on Appeal, Zone Exception Case #1273, 8529 Fifth St. Approved as corrected Approved Approved Set for 5/25/76 CC #391, Independence Park, Bldg. Demolition, 12341 Dunrobin Ave. - Put property up for sale w/instructions for staff to explore opportunities to sell in exch. for removal Approved PAGE NO. 1 1 3 4 4 4 5 5 6 6 6 6 6, 7 6 6 6 7 CC #392, Independence Park, Chainlink Fence, South side - Plans & specs & auth. to advertise Approved 7 Minutes, Adjourned Reorganization Meeting of April 20, 1976 Approved 7 Ordinance Amending Sec. 2100 DMC re Council Meetings Introduced 7 Ordinance Amending Sec. 7319 DMC re Water Service Applications Introduced 7 Ordinance #502, Amending Sec. 2716 DMC re Political Activities Adopted 8 Page 1 of 2 TABLE OF MINUTE ACTIONS COUNCIL MINUTES, MAY 10, 1976 SUBJECT: ACTION: PAGE NO. Resolution #3285, Awarding Contract to Imprv. Laura St. & other streets in Accord w/Resol. of Intention #3193 (AD 110) Adopted 8 Assmt. Dist. #110, Laura St. - Transfer of funds to complete Approved 8 Resolution #3286, Apprvg. Apptmt. of Dan H. Ryan to Planning Commission Adopted 8 CC #388, Unit 2, Block Wall Bldg., Well Site 13 - Award to Masonry Constructors Approved 8 Joint Program with Santa Fe Springs re Battalion Chiefs - Endorse principal of not filling vacancy presently open on Fire Dept., & instruct City Mgr. to present to Council agmt. to implement plan Approved 8, 9 Downey Community Hospital Budget for Fiscal Year 1976-77 Received for study 9 Downey High School Bicentennial Proj. for Closing of Brookshire Ave. bet. 2nd & 3rd Sts., 9am to 11am June 1st Second Century Foundation Board - Appoint Councilman Greene as representative Resolution #3287, to make use of Sec. 701 of 1954 Housing Act Funds Planning Commission Sidewalk & Street Lighting Policy Periodic Rotation of Council Voting Procedure Request for Three-month Schedule of Council Activities Sunset Coast Line - Council to support Supervisor Schabarum's viewpoint Meeting adjourned to 5:00 p.m., 5/11/76 for Budget study Approved; City Manager to review liability insurance & report back 10 Approved 10 Adopted 10 Received; taken under submission for further study 11 City Manager req. to furnish Council w/cost data for installing electronic voting system 11 To be provided by City Manager 11 11 fil Page 2 of 2 .5395 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 10, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 10, 1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding. PRESENT: Council Members: William L. Greene Richard M. Jennings Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Carl K. Newton, Acting 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 Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Al Young, Messiah Lutheran Church, followed by the Flag Salute led by Councilman Miller. With the assistance of Police Chief Morgan, Mayor Scotto presented a Commendation to Mr. Edward Woolverton for his action resulting in the apprehension of two burglars and the recovery of $1800 of stolen property. _ Mr. Henry Oberndorf requested the Council to present a $100 U.S. Bond for the winner in the essay contest to be presented at the Flag Day celebration. He invited the Council to attend the "Armed Forces Caravan" now at Stonewood Shopping Center. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to appropriate $75 from the Special Projects Fund for the U.S. Bond. Mayor Scotto declared that this is the time and place for the public hearing on Downev Improvement Proiect No. 683, Lemoran Avenue between Lubec Street and Gallatin Road, which was continued from the regular City Council meeting of March 8, 1976. She inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel cited the procedure under Chapter 27 of the 1911 Act, whereby upon request of a property owner the City has the right to require the remaining property owners to install sidewalks when over 50 percent of the block already has sidewalks. He commented on the modified sidewalk design and noted that all of the property owners would be entitled to matching funds; however, under the existing policy any removal of landscaping would have to be added to the cost of the property owner. Mr. Spindel further explained the procedure whereby the property owner may have the work done himself or if the work is not done in 60 days the City will have it done and assess the property owner for the cost. He noted that pursuant to a request of the Council regarding status of the sidewalk program a report has been submitted with the hearing data. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive the Engineer's Report. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements. Mr. Henry L. Bear, Attorney for the protesters, 10841 Paramount Boulevard, Downey, said rather than having a number of residents on Lemoran speak to this matter, one or two representatives will address the Council on behalf of the other residents. Mr. Paul Spothelfer, 9708 Haledon Avenue, presented a Lemoran Avenue Residents Report dated May 7, 1976, and a petition containing approximately 75 signatures of Council Minutes 5/10/76 -1- Y�} residents in the area, which he said is in addition to a petition previously submitted. He stated he was informed that his property is included in this project because of the curvature of the street. Mr. Spothelfer commented on the Sidewalk Report dated May 5, 1976, and questioned the total costs for the sidewalk program and projected costs for Priorities I and II. In discussing the Lemoran Avenue Residents Report, he mentioned some of the sidewalks on Lemoran were put in as a result of lot splits. A discussion was held regarding the proposed cost for sidewalk construction on Mr. Spothelfer's property. Councilman Jennings asked Mr. Spothelfer if he obtained his estimates from a Licensed contractor. Mr. Spothelfer replied no, that he has done construction estimating for approxi- mately 15 years. He commented further on the Residents Report and his estimated figures for sidewalk construction on Priority I streets, as well as the costs for sidewalks yet to be completed. Mr. Spothelfer said it will take over 20 years to complete Priority I streets in the City, and this is where the first priority should be. He displayed a map of the Pedestrian Safety Study showing sidewalks on Priority I streets. Mr. Spothelfer pointed out that there have been no accidents on Lemoran Avenue and, therefore, moneys for sidewalks should be spent on the most critical areas and Priority I streets. He stated his opposition to attaching the construction of sidewalks as a condition to a zone exception. In conclusion, Mr. Spothelfer said the majority of the people do not want the sidewalks on Lemoran but do want sidewalks installed in the dangerous areas, the Priority I streets. He urged the Council to vote "no" on the sidewalk issue. Mr. Bear asked that the hearing include speakers in favor of sidewalks on Lemoran. He also pointed out that the sidewalks would be a substantial cost to the property owners, and there have been no accidents on Lemoran to warrant the sidewalks. He commented on the Pedestrian Safety Study and the recommendations proposed for Priorities I and II. He concurred with Mr. Spothelfer that the Priority I streets should be completed first. Mr. Bear said it would be a great disservice to the City and to the people on Lemoran to force them to install sidewalks at this time. Mr. Harold Pearson, 9630 Haledon Avenue, spoke in opposition to the sidewalks on Lemoran and said to require sidewalks would be usurping the will of the people to accommodate one individual. Mr. L. T. Fable, 10358 Western Avenue, called attention to the need for sidewalks on the corners of Florence and Paramount and Firestone and Paramount. Mr. Spindel stated the City does not have the right-of-way at these locations. Mayor Scotto inquired if there was anyone else present who wished to speak in pro- test, and there was no response. She inquired if there was anyone present who wished to speak in favor. Mrs. Betty Rupp, 12724 Barlin Avenue, volunteered to serve on any future committee to study this matter again and noted it is now up to the Council to decide what is best for the safety of Downey. Mayor Scotto inquired if there was anyone else present who wished to speak in favor, and there was no response. She then allowed time for further protests. Mr. Al Hendricks, 9348 Lubec Street, questioned the costs involved. Mr. Bruce Watson, 9220 Stewart & Gray Road, commented on the excessive amount of traffic at his former residence on Neo Street and the piecemeal sidewalks that have been installed. Mr. F. M. Knight, 10245 South, Western Avenue, said the sidewalk priorities should be on the heavily travelled streets for pedestrian safety. Mr. Wendell Wiser, 10921 Paramount Boulevard, said he has addressed prior City Councils regarding the need for cleaning up the City's parkways for pedestrian use by citizens. Mr. Ralph O'Brien, 9550 Lemoran Avenue, commented on the need for sidewalks on Gallatin Road west of Brookshire Avenue. Mr. Ernest Kelso, 12268 Orizaba Avenue, inquired about permitting bicycles to ride on sidewalks. Mr. Spindel replied the City's Code does permit bicycle riding on sidewalks where it is hazardous to ride in the street, providing it does not constitute a hazard to pedestrians. Council Minutes 5/10/76 -2- Mayor Scotto inquired if there was anyone else present who wished to speak, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to close the hearing. Mayor Scotto explained staff's sidewalk report was submitted at the request of the Council, and for that reason this project has been delayed. Also, she said, the street is dangerous and noted the person requesting the sidewalks did so because he almost struck a child with his automobile. Mayor Scotto commented the sidewalk program is very costly, however, the City needs to provide better walkways for pedestrians, and the Council has an obligation not only to those people who live on Lemoran but also to those who travel on that street. City Manager Thompson said any decision should be based on factual information, and he pointed out that although the sidewalks were built in bits and pieces, the City of Downey has also been built in bits and pieces with many improvements made. He noted any decision reached can affect the entire City, and he discussed staff's duty to en- force the City's rules and regulations. Councilman Jennings indicated he would be disappointed if this City Council were to scuttle a program that has done so much for the improvement of the City. Councilman Miller inquired how the properties at 9540 and 9550 Lemoran obtained their sidewalks and who has requested the sidewalks now under discussion. Mr. Spindel replied the sidewalks at those addresses were put in as a requirement of 'a lot split, and Mr. Paul Riccobon requested the completion of sidewalks on the block. Councilman Miller raised further questions regarding the sidewalk requirements and procedure for notifying property owners in zoning cases that they could eventually be required to also install sidewalks if over 50 percent of the block were in. Mr. Spindel pointed out that the policy of requiring improvements as conditions of zone exceptions and lot splits has been with the City since incorporation, and the staff is charged with carrying out the Council policies until they are changed. Discussion followed. City Planner Goggin explained the law requires ten day notice to property owners, however, it is not known ahead of time what conditions will be imposed upon a case, and this could place a hardship on many property owners. He pointed out there are no notifications required on lot splits and subdivisions. Councilman Greene said the property owners should be advised of sidewalk conditions to a zoning case. Councilman Jackman suggested establishing a committee to update the sidewalk pro- gram and said maybe the Council should consider setting priorities on Priority I streets. Councilman Miller questioned whether property owners receive proper notice of conditions to be imposed under a zone exception. Acting City Attorney Newton explained the requirements for notifying property owners under the Code, which he said are consistent with State law; also, it is the policy of the Planning Commission that the proper conditions to be attached to a zone exception are available to the public in the form of a case report. Further discussion ensued. It was moved by Councilman Jennings and seconded by Mayor Scotto to approve Downey Improvement Project No. 683, Lemoran Avenue between Lubec Street and Gallatin Road, and grant authority to the Community Development Department to proceed with construction - under the sidewalk matching program. AYES: 2 Council Members: Jennings, Scotto NOES: 3 Council Members: Greene, Miller, Jackman Failed. Mayor Scotto declared a recess at 9:37 p.m. The meeting resumed at 9:52 p.m., with all Council Members present. Council Minutes 5/10/76 -3- Mayor Scotto declared that this is the time and place for hearing evidence to determine whether the public convenience and necessity require the Improvement of Orange Street by clearing, grading, excavation, construction of Portland cement con- crete curbs, gutters, driveway aprons, preparation of subgrade, construction of asphalt concrete pavement, adjustment of manhole frames, and covers to grade. She inquired if the City Clerk had the Affidavits of Publication and Posting, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Affidavits. Mayor Scotto inquired if the City Clerk had received any written protests or objections to the making of the improvement or any written statements in support, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in favor of the improvements, and there was no response. She inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to close the hearing. RESOLUTION NO. 3281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF ORANGE STREET IN THE CITY OF DOWNEY (A.D. 119) The Resolution was read by title only. I-t was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3281. Mayor Scotto declared that this is the time and place for hearing protests or _ objections against the Improvement of Orange Street, as described in Resolution of Intention No. 3268. She inquired if the City Clerk had the Affidavits of Publication, Posting, and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Affidavits. Mayor Scotto inquired if the City Clerk had received any written protests or objections against the proposed improvement, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. She inquired if there was anyone present who wished to speak in behalf of the improvements, and there was no response It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to close the hearing. RESOLUTION NO. 3282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OVERRULING PROTESTS (A.D. 119) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3282. RESOLUTION NO. 3283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING WORK TO BE DONE ON ORANGE STREET IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3268 (A.D. 119) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3283. Council Minutes 5/10/76 -4- Mayor Scotto declared that this is the time and place for the public hearing on Downey Improvement Project No. 684, Site 4, West side of Dunrobin Avenue between Foster Road and Priscilla Street. She 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 Jennings, seconded by Councilman Miller, and so ordered to receive and file the Affidavit. Mayor Scotto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. Community Development Director Spindel reported on the costs for improvement, and recommended confirmation of the assessment. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Engineer's Report and confirm the assessment. Mayor Scotto again inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. RESOLUTION NO. 3284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 684, WEST SIDE OF DUNROBIN AVENUE BETWEEN FOSTER ROAD AND PRISCILLA STREET The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3284. Mayor Scotto declared that this is the time and place for the public hearing on Downey Improvement Project No. 688, North side of Orange Street between Planett Avenue and Brookshire Avenue. She 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 Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mayor Scotto 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 on the proposed costs for improvements. It was moved by Councilman Greene, seconded by Councilman Jennings, and so ordered to receive the Engineer's Report as written. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to grant authority to the Department of Community Development to proceed with construction on Downey Improvement Project No. 688. Mayor Scotto declared that this is the time and place for the public hearing on Downey Improvement Project No. 687 North side of Orange Street between Glynn Avenue and Dolan Avenue. She 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 Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Council Minutes 5/10/76 -5- Mayor Scotto 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 on the estimated costs for improvements. Councilman Jennings inquired if it is necessary for the Council to receive and file an estimated Engineer's Report. Acting City Attorney replied the estimate is provided to the Council for informa- tion, and he thinks it would be appropriate to receive and file. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to grant authority to the Department of Community Development to proceed with construction on Downey Improvement Project No. 687 in conjunction with Assessment District No. 119, Orange Street. City Manager Thompson requested the City Council to set a hearing date of May 25, 1976, on the Budget for Fiscal Year 1976-77. He noted that is a Tuesday morning meet- ing, however, the Council might want to set that for an evening meeting. Councilman Jennings suggested that the May 25th morning meeting be rescheduled for 7:30 p.m. and the 5:00 study session rescheduled to 4:00 p.m. Acting City Attorney Newton stated the Council can instruct the Clerk to adjourn the 8:00 a.m. meeting for lack of a quorum to 7:30 p.m. or to 4:00 p.m., if that is the Council's desire. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to reschedule the May 25th morning Council meeting to 7:30 p.m., for the hearing on the 1976-77 Budget and reschedule the study session from 5:00 p.m. to 4:00 p.m. Councilman Jennings requested that in addition to the required public notice, the City Manager place appropriate ads in the newspaper to inform the public of the time and place for the hearing. Removal of Items from Consent Calendar The following items were removed from the Consent Calendar: Agenda Correspondence Item. Cash Contract No. 391, Independence Park, Building Demolition, 12341 Dunrobin Avenue. Cash Contract No. 392, Independence Park, Chainlink Fence, South side. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes of Regular City Council Meeting of April 27, 1976. (See later action to correct.) Denial of Legal Claim: Ref. #274, Jeanetta S. Fyock. General Warrants: #144384 - 144797• #202407 - 202488 - $612,658.24. Communication from Robert L. Wagner requesting a Hearing on Appeal, Zone Exception Case #1273, 8529 Fifth Street. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1273, for 7:30 p.m., May 25, 1976, in the Council Chambers of the Downey City Hall. Mr. Tom Shannon, 8529 E. Fifth Street, stated the property is in escrow, and if an answer is not obtained prior to the end of this month it will cause a definite hardship for his family. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Council Minutes 5/10/76 -6- 5401 Cash Contract #391, Independence Park, Building Demolition, 12341 Dunrobin Avenue Councilman Jennings inquired if the building is in a condition to be sold and removed. Parks & Recreation Director Neavill stated an inspection has been made by the Engineering Department and the building is considered difficult and costly to move. City Manager Thompson pointed out that the house has termite infestation. Discussion followed. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote that the property be put up for sale with instructions for staff to explore opportunities to sell in exchange for removal. Cash Contract #392, Independence Park, Chainlink Fence, South side Councilman Jennings asked if the park will be completely fenced. Parks & Recreation Director Neavill replied this project is to replace the current fence which is in poor condition on the southerly boundary of the park. He said the fence is necessary to prevent unfavorable traffic from the Leondards parking lot. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the plans and specifications and grant authority to advertise for bids on Cash Contract #392. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to approve the Minutes of the Adjourned Reorganization City Council Meeting of April 20, 1976. Councilman Greene pointed out that on Page 7 of the Minutes of the Regular City Council Meeting of April 27, 1976, Councilman Jennings is shown as voting "Aye" and "No" and should show Councilman Jackman as voting "Aye" with Councilman Jennings voting "No". It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Minutes of the Regular City Council Meeting of April 27, 1976, as corrected. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2100 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO COUNCIL MEETINGS The Ordinance was read by title only. Councilman Jennings inquired about reading the Ordinance in full and adopting it as an emergency. Acting City Attorney Newton stated that in order for an Ordinance to be adopted as an emergency there must be recited facts that are the basis for the emergency. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7319 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO WATER SERVICE APPLICATIONS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance. Council Minutes 5/10/76 -7- ORDINANCE NO. 502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2716 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO POLITICAL ACTIVITIES The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to adopt Ordinance No. 502. RESOLUTION NO. 3285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AWARDING CONTRACT TO IMPROVE LAURA STREET AND OTHER STREETS IN THE CITY, IN ACCORDANCE WITH RESOLUTION OF INTENTION NO. 3193 (A.D. NO. 110) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3285. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to authorize the following transfer of funds to complete Assessment District No. 110 Laura Street: Amount From To $9,000 A/C #40-14435 A/C #40-14434 & #26-11346 $3,000 A/C #26-11356 A/C #40-14434 & #26-11346 RESOLUTION NO. 3286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DAN H. RYAN AS A MEMBER OF THE PLANNING COMMISSION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilman Jennings, and passed by unanimous vote to adopt Resolution No. 3286. Cash Contract #388, Unit 2, Block Wall Building, Well Site 13 Responding to questions, Community Development Director Spindel explained this would be a block wall building to house the gasoline engine for the pump. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract #388, Unit 2, Block Wall Building, Well Site 13, to Masonry Constructors, Inc., the lowest and best bidder. It was moved by Councilman Jennings and seconded by Councilman Jackman to endorse in principal Joint Program with the City of Santa Fe Springs regarding Battalion Chiefs, decide not to fill a Battalion Chief vacancy presently open on the Fire Department, and instruct the City Manager to present to the City Council an agreement to implement the plan. Councilman Miller raised the question of whether or not this would actually save money and whether this would be a possible violation of the Charter. City Manager Thompson commented on a letter from the City Attorney responding to Councilman Miller's questions at the last meeting. He said the letter concludes that it is within the framework of the Charter to do this on a limited basis, and the con- ditions are outlined in his letter. (A copy of the letter is on file in the office of the City Clerk.) Councilman Jennings withdrew his motion. He asked to see a copy of the letter. This matter was set aside pending circulation of Mr. Sorensen's letter. Council Minutes 5/10/76 -8- It was moved by Councilman Jennings and seconded by Councilman Greene to receive for study the Downey Community Hospital Budget for Fiscal Year 1976-77. City Manager Thompson said the only portion under the contract that the Council must act on is any rate increase; the other portions of the salary budget are deemed to be approved after 30 days if no action is taken. Councilman Jennings stated he has an understanding of the budget as a result of a meeting with the Hospital Administrator, and he recommended the other Council Members do the same. It was noted the other Council Members could meet two at a time with the Administrator. Discussion followed. The Hospital Budget was then taken under submission for study. Councilman Jennings restated his motion to endorse in principal Joint Program with the City of Santa Fe Springs regarding Battalion Chiefs, decide not to fill a Battalion Chief vacancy presently open on the Fire Department, and instruct the City Manager to present to the City Council an agreement to implement the plan. The motion was seconded by Councilman Jackman and passed by the following vote. Councilman Greene asked if there would be any problem should the City of Santa Fe Springs decide to enter into a union with a different pay scale than Downey's. Fire Chief Wood replied no, because Downey is constantly in comparison with other communities in the County. City Manager Thompson stated as a practical matter the salary and benefit schedules between the two cities are approximately the same. Councilman Greene questioned whether this is a step in the right direction. _ Chief Wood noted part of the plan concerns the delegation of responsibilities, and the two Fire Chiefs have worked out the Battalion Chiefs' duties in both commu- nities: The Downey Chief would be in charge of fire suppression and communication; the Santa Fe Springs Chief would be in charge of fire prevention, public education and training. Mr. Thompson said this would be a matter of assignment of duties and does not constitute any change in the chain -of -command. Councilman Miller said the issue to be resolved is whether the City of Downey will be able to continue to provide its own service or join into a program with another City, and at which point in time will the City be able to save any significant amount of money. Mr. Thompson said the intent is not to go any further with this than joint utiliza- tion of supervision. Chief Wood pointed out that through a Mutual Aid Agreement with surrounding cities, the City of Downey supplies fire services outside its boundaries. Mr. Thompson stated if the Council approves of this concept, he and the Fire Chief will meet with the City Manager and Fire Chief of Santa Fe Springs to develop a specific contract and bring it back for the Council's ratification. Roll call vote: AYES: 4 Council Members: Greene, Jennings, Jackman, Scotto NOES: 1 Council Member: Miller CITY MANAGER'S REPORT City Manager Thompson reported on a Downey High School Bicentennial Project for the Closing of Brookshire Avenue between Second and Third Streets from 9:00 a.m. to 11:00 a.m. Tuesday, June 1st. He said the purpose of the celebration is to dedicate a memorial of eight panels seven feet high, mounted on a 15-by-20-foot concrete platform, surmounted by a 12-foot high USA emblem. Mr. Thompson noted this has been cleared with the Fire, Police, and Public Works Departments. Councilman Jackman asked if the School District furnishes the City with a policy of liability insurance. Council Minutes 5/10/76 -9- Mr. Thompson replied no. Councilman Jackman mentioned a similar request from a group of people requesting the closing of a street, and it was indicated to him that there is red tape involved. He said he feels the School District should go through the same red tape. Mr Thompson noted the City and School District have entered into a joint use of facilities agreement, and as a public agency, the City has been inclined to go along with requests of the School District. He commented street closings for private use have been discouraged because of problems that have been experienced. During discussion, Mr. Thompson indicated there have been three requests for street closures for private parties in the last couple of months, and if it is the de- sire of the Council to be more lenient or less restrictive, he would like to be informed. Councilman Jackman said he does not disagree with the restrictions, however, he feels the City should have as much protection as possible and should be as restrictive for one individual as it is for another. Further discussion ensued. Councilman Jackman said he would move approval if a decision can be obtained on the liability insurance. Councilman Jennings inquired if the School Board has asked for liability insurance from the City for any City meetings held last year in the schools. Mr. Thompson replied no. Finance Director Patton stated he is sure the City's policy will cover such an event being requested, and the School District's policy would cover it also. Acting City Attorney Newton questioned whether the City's present insurance cover- age would cover an indemnity agreement given to the School District for any liability arising out of the City's use of school facilities and also whether the School District's insurance would provide the same coverage. He suggested a review of both policies of insurance regarding indemnification of the other public agency. It was moved by Councilman Jennings, seconded by Mayor Scotto, and passed by the following vote to approve the request as written for the closing of Brookshire Avenue for the Downey High School Bicentennial Project. The City Council requested the City Manager to review the liability insurance and report back. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Mr. Thompson stated the Second Century Foundation Board Bi-Laws provide that the City have three representatives on the Board of Directors, and since former Mayor and Councilman Joseph DiLoreto was one of the City representatives for the new term be- ginning July 1st and he is no longer on the City Council, he is suggesting the Council might want to appoint a new representative. It was moved by Mayor Scotto, seconded by Councilman Jennings, and passed by unanimous vote to appoint Councilman Greene as a representative of the Second Century Foundation. Mr. Thompson commented that under the Second Year 701 Planning Assistance Grant, the State of California Office of Planning & Research requires adoption of a resolution in order for the City to utilize the funds made available under the Grant. RESOLUTION NO. 3287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO MAKE USE OF SECTION 701 OF THE 1954 HOUSING ACT FUNDS The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by following vote to adopt Resolution No. 3287. Mr. Thompson responded to questions regarding City matching funds, benefits paid to employees hired under the Grant, and how the Grant could relate to animal control and other ongoing programs of the City. Council Minutes 5/10/76 -10- . 5405 AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to receive the Planning Commission Sidewalk and Street Lighting Policy and take it under submission for further study. ORAL COMMUNICATIONS Councilman Greene suggested the City Employees wear Name Tags for Identification. City Manager Thompson said the tags have been ordered and delivered. Councilman Greene asked for the Council's desires regarding Periodic Rotation of the Council Voting Procedure. Councilman Miller spoke in favor of uniformity. Acting City Attorney Newton mentioned many cities use an electronic voting system. The City Manager was requested to furnish the Council with cost data for installing an electronic voting system. Councilman Jackman noted he would have no objection to rotating the voting procedure. Mayor Scotto mentioned she has requested the City Manager to provide the Council with a Three-month Schedule of Council Activities. Mr. Thompson indicated he has already requested this from each department, and every month he will request a list of events that each department is involved in, and the City Clerk will provide a list of hearings. Mayor Scotto inquired regarding the status of the Joint Meeting between the School Board and City Council. Mr. Thompson stated the School Board is meeting this evening in a special meeting and will attempt to determine whether they can meet either May 17th or 27th, the two agreeable dates selected by Council. Mayor Scotto reported on a telegram from Supervisor Schabarum requesting support of his viewpoint to the Sunset Coast Line. She stated her opposition to the Sunset Coast Line as being too costly and not practical at this time. Councilmen Jackman, Jennings, and Greene said they would support Supervisor Schabarum. Councilman Miller indicated he finds a great deal of conflict with this. Mayor Scotto advised that since she has the concensus of the Council she will notify Supervisor Schabarum of the Council's Support. Mr. Paul Spothelfer, 9708 Haledon Avenue, said he is in favor of some sort of a rapid transit system similar to the Sunset Coast Line. There being no further business to come before the City Council, the meeting was adjourned at 11:47 p.m. to 5:00 p.m., May 11, 1976, in the Council Chambers of the Downey City Hall for study sessions on the Budget for Fiscal Year 1976-77. 7% /�Z i Robert L. Shand, City Clerk -Treasurer Haz N. Scotto, Mayor Council Minutes 5/10/76 -11-