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HomeMy WebLinkAboutMinutes-05-25-76-Adjourned Regular Meeting (2)MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 25, 1976 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Citizen input re Acquisition of Water Systems Set for 6/2/76 1 Public Works Employee of Year Award to Charles G. Eccleston 1 Budget for Fiscal Year 1976-77 Hearing continued to 6/14/76 3 Authorize City Manager to spend $5,000 to obtain Master Plan sketches (for civic center) Approved 4 Resolution #3288, Concurrently withdrawing portion of Zone I & Ordering Annex. 76/2 thru 76/22, 76/24, 76/25 & 76/27 Adopted 4 Appeal, Zone Exception Case #1273, 8529 Fifth St. - Direct City Attorney to prepare resolution denying appeal & affirming decision of Planning Comm. Approved 7 Downey Community Hospital Budget for Fiscal Year 1976-77, as submitted Approved 7 Ordinance #503 (emergency), Amending DMC re Fireworks Stands Adopted 8 Removal of Items from Consent Calendar 8 Resolution #3289, Prohibiting Parking Cert. Times Once/Wk. E/s Downey Ave. bet. Cherokee Dr. & Lexington Rd. for Street Cleaning Adopted 8 Resolution #3290, Prohibiting Curb Parking along Nly. side Gallatin Rd. from Lakewood to Arrington & Rescind all prior prkg. resols. Adopted 9 Resolution #3291, Apprvg. City°s Portion of 1980 Functional Usage Study & Designation of Federal -Aid Urban Routes in said City Adopted 9 Resolution #3292, Designating Agencies of City to prepare Conflict of Interest Codes in accord. w/provisions of Political Reform Act of 1974 & Directing preparation of such Codes Adopted 9 Resolution #3293, Reviewing Annual Implemention of Sec. 21023.6 Government Code Adopted 9 Minutes, -Regular City Council Mtg. 5/10/76; Minutes of Regular Adjourned Mtgs. 4/27/76; 5/4/76; 5/11/76; & 5/18/76 Approved 9 Agenda Correspondence Item Filed 9 Denial of Legal Claims: Ref. #275, 276, 277, 278, 279 Approved 9 S.S. Proj. #310, Florence Ave. Storm Drain bet. Lakewood & Birchdale - Plans, specs & auth. to advertise Approved 10 General Warrants #144798 - 145032 #202449 - 202482 Approved 10 Pedestrian Crosswalk & Crossing Guard Relocation - Downey Ave. N/o Cherokee Dr. Approved 10 Page 1 of 2 COUNCIL MINUTES, MAY 25, 1976 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Resolution #3294, Eliminating Pedestrian & Bicycle Crossing on Firestone at Patton Adopted 10 Resolution #3295, Limiting Pedestrian & Bicycle Crossing on Paramount at C1eta Adopted 10 Resolution #3296, Limiting Pedestrian & Bicycle Crossing on Paramount at DePalma & Rescinding Resol. #3055 Adopted 10 Resolution apprvg.Anndmt. to Joint Exercise of Powers Agmt. w/Cities of Norwalk & Pico Rivera re SE Animal Control Authority Taken under submission 11 Ordinance Amndg. DMC re Parks & Recreation Department Introduced 11 Ordinance Amndg. DMC re Passenger Loading Zones Introduced 11 Ordinance #504, Amndg. DMC re Council Meetings Adopted 11 Ordinance #505, Amndg. DMC re Water Service Applications Adopted 11 Resolution #3297, Auth. Add'1. Contribution to Cost of Work for Assmt. Dist. #109 Adopted 11 Resolution #3298, Apprvg. Final Subdivision Map of Tr #32726, Apprvg. Agmt. w/Subdividers & Accept. Letter of Credit in Lieu of Surety Bonds (8314 Lexington Rd.) Adopted; park fee set $175 12 CC #390, Rio Hondo Golf Course Protective Screen Inst. - Award to Master-Bilt Chain Link Fence Co. & approve transfer of funds Approved 12 S.S. Project #280, Washburn Rd.: Woodruff/ Regentview; Woodruff Ave.: SPRR/Washburn - Extra work; accept imprvmts. Approved 12 CC #371, Unit II, Hopeland Ave., Horley Ave., Julius Ave. & Pomering Rd. - Award to Production Paving & Grading, Inc. Approved 12 CC #379, Fontana St.: Downey to Patton - Award to United Asphalt Co. Approved 12 CC #382, Wheelchair Ramps - Accept imprvmts. Approved 12 Sidewalk Matching Funds, City-wide, various locations - M.F. #446, 447, 451, 452 Approved 12 Acceptance of R/W @8326 Florence Ave. A-1688 in exch. for imprvmts. Approved 12 Report on Graffiti Removal Presented for information 12 Rose Float Committee - Councilman Greene to serve as liaison 13 Dog License Penalties Discussion 13 Councilman Jennings - excused absence for next two Council meetings (June 14 & 22) 13 Repealing two unusable ordinances per month - Councilman Jennings req. ordinances subm. by City Clerk be repealed in his absence 13 Meeting Adjourned to 5:00 p.m., May 27, 1976, in Green Room of Downey Theatre for joint meeting bet. City Council & Downey School Board 13 Page 2 of 2 41G MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING MAY 25, 1976 The City Council of the City of Downey held an adjourned regular meeting at 7:30 p.m., May 25, 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer G. Pete Stone, Captain, Police Department G. D. Davis, Battalion Chief, Fire Department John H. Saunders, Administrative Analyst Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Mayor Scotto announced the Council has just returned from Executive Session to discuss Acquisition of Water Systems. The Council set 7:30 p.m., June 2, 1976, as the time for hearing citizen input on acquisition of water companies. City Attorney Sorensen said since this Council meeting will be adjourned to May 27th, he would suggest that meeting also be adjourned to June 2nd. Staff was directed to publish the appropriate notices. The Invocation was delivered by Rt. Reverend Percival R. Henkelman, Moravian Church of Downey, followed by the Flag Salute led by Councilman Miller. With the assistance of Community Development Director Spindel, Mayor Scotto pre- sented Public Works Employee of the Year Award to Traffic Engineer Charles G. Eccleston. Mayor Scotto declared that this is the time and place for the public hearing on Budget for Fiscal Year 1976-77. She inquired if the City Clerk had the Affidavit of Publication, 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. City Manager Thompson reported the recommended budget does include as far as the General Fund approximately $1,935,000, or about an 8.7 percent increase over 1975-76; it also includes the Animal Control service which has not been included in previous years' budgets. The following charts were displayed: Chart 1: Ten-year history of assessed valuation, which has not kept pace with the cost of living. Chart 2: Breakdown of the Property Tax dollar showing what each taxpayer pays to the various taxing districts. Chart 3: Comparative Property Tax rates of cities comparable in size to the City of Downey that provide their own services, of which Downey is the lowest in the group. Some of the cities shown levy a Utility Users Tax, which is equal to or greater than Downey. Chart 4: General Fund Revenues by Source for the years 1968-1972, revenues committed for the operation of the City. Council Minutes 5/25/76 -1- 5411 Chart 5: General Government Expenditures by Function. Chart 6: General Government Expenditures for the fiscal year 1976-77, recapping all of the major operating funds of the City, with the General Fund the largest and most inclusive of all activities by the City. Commenting further, Mr. Thompson said in order to finance the Budget this year and to maintain the same Level of service there has been no increase in the employees of the City, and in the last five -to -six years of operation the City has reduced the total number of full-time employees by approximately 25 people. He mentioned there has been difficulty in meeting the higher costs of salaries, materials, and supplies and stated there is a recommendation for an llc Property Tax rate increase which, if approved, would bring the rate to 77c per $100 assessed valuation. Mr. Thompson noted alternatives were explored in lieu of a Property Tax increase but he has recommended against them: Use of Revenue Sharing Funds; a commitment of the Capital Improvement Fund to the General Fund; and an increase in the Utility Users Tax. He pointed out that the City is no longer a vitally -growing community in the sense of large additions to its tax base; therefore, the increase in assessed valuation has not been equal to the cost of living. Mr. Thompson commented on the problems faced in meeting the needs of the community in order to maintain the high caliber community the City now has. Mr. Thompson noted the Municipal Budget represents a continuation of the same level of service the City has had in the past, and no changes are predicted. Speaking to the Capital Improvement side of the Budget, he said a recommendation is submitted for a proposal to embark upon development of a civic center beginning with a new City Library. The proposal consists of a Property Tax increase of 10c, which would be earmarked strictly for development of the new Library, and also Revenue Sharing Funds could be used. After completion of the Library, development of the Civic Center could continue including development of a public safety building, which is greatly needed. Councilman Jennings stated due to the fact that later in the meeting he will be requesting an excused absence for the next two Council Meetings and will not be present for adoption of the budget, he would make the following recommendations: A Civic Center master plan prior to spending any money for construction of the Library or a 10c tax increase; Give all employees a three percent across-the-board salary increase with no exceptions, which would amount to $258,000 instead of $550,000; Reduce Council monthly expense accounts from $150 to $100 and the Mayor accordingly; Reduce street sweeping in commercial areas to alternate weeks and residential areas to once every three weeks which would represent a saving of $75,000 and eliminate the necessity to purchase a new street sweeper for $40,000; Transfer all Cigarette Tax to the General Fund in the sum of $380,000 instead of $189,000 as recommended; Reduce the level of Animal Control to a break-even point, saving $51,000; Increase the City overhead burden for the Water Department to $150,000 instead of $120,000; Transfer Surplus Equipment Replacement Fund money to the General Fund; Hold in reserve the General Revenue Sharing Fund of $486,825, which is set up for the Library, until ready for construction; Completely remove $171,000 from the Library; Reduce the Golf Course parking lot from $65,000 to $14,000 for surfacing the new area; Reduce the Sidewalk Matching Fund from $20,000 to $10,000; Remove the Imperial Highway landscaping of $14,000; Remove proposed construction of dump sites at various locations of $10,000. Councilman Jennings noted these actions will balance the budget, and he further suggested cancelling free Theatre rentals, requiring all co -sponsored groups to re- duce ten percent, and reduce DJAA by 25 percent, thus making approximately $60,000 to $70,000 more in revenue. He said he will prepare a copy of his recommendations for the Council. Council Minutes 5/25/76 -2- Mayor Scotto indicated at one of the study sessions she had asked for a report as to which departments could use volunteers, and she inquired if the report is available. Mr. Thompson replied he has received reports from all of the departments, and he will assimilate the material and make a report to the Council. Mayor Scotto inquired if there was anyone present who wished to speak to the Budget for Fiscal Year 1976-77. Mrs. Ruth Coffaro, 9344 Via Amorita, member of the Library Advisory Board, spoke regarding expansion of the Library and commented on the Library Board's meeting with the Council liaison committee in discussing the problems involved. She said it is the Board's suggestion that the Library be expanded to the south of the present building with a three-story addition which would house the recommended space suggested by the SUA report, and beneath the structure have adequate parking not only for the Library but for the civic center. Mrs. Coffaro indicated this could be the first step to a master plan. Mr. Thompson stated he was authorized to seek proposals on a civic center master plan, and he has been in contact with various organizations. He said a proposal has been received from SUA, indicating that within approximately three weeks they could complete a schematic for the entire area, including the space needed, size and loca- tion, parking requirements, entrances, exits, and alternatives from which the City could select what it wanted; then SUA would prepare a full representation of that plan for time and materials, not to exceed a maximum of $5,000 for the completed schematic. Mr. Robert McGuinn, 10623 Horley Avenue, inquired regarding departmental savings and surplus and suggested departments cut back on expenditures. He also commented regarding increased Property Taxes. Mr. Thompson stated the City departments will end the year with an approximate surplus of $350,000 in the General Fund. He informed Mr. McGuinn that it has been his practice every year to cut off all unnecessary overtime and purchases around the first of March, so there are no expenditures at the end of the year to spend a budget. Mr. Thompson reviewed the savings accomplished by the City during the last 15 months. He responded to further commentsof Mr.McGuinn regarding Property Tax increases and noted Downey has the fewest number of employees for its population compared to other cities of its size. Councilman Miller indicated his willingness to supply Mr. McGuinn with any addi- tional information regarding Property Tax rates in Downey and other areas. Mr. E. F. Brown, 10548 Shellyfield Road, referred to a newspaper article regarding the proposed budget. He concurred with Mrs. Coffaro regarding the Library but opposed a three-story structure and said he would prefer a full Council vote on the budget. Mr. Paul Spothelfer, 9708 Haledon Avenue, spoke in favor of Councilman Jennings' recommendations and disagreed with the Library and master plan. He noted the City spent $17,000 for the SUA report, which almost spells out a master plan, and he recommended City staff make a drawing of the plotted areas involved, including addi- tional parking, and make that the master plan. He further recommended the City investigate how many firms would be interested in building a Library under a "turn key" basis. Mr. Spothelfer commented on the projected Downey population of 110,000, which would require an increase in City employment, and he questioned where the money would come from to pay for the salaries and office equipment of the added employees. He called for further cuts in City expenditures such as the Sidewalk Matching Fund. Discussion followed. Mr. Dick Engles, 9518 Muller Street, discussed increased Property Taxes. He suggested the Friends of the Library start collecting a building fund and spoke in favor of keeping down City costs. Mr. Engles further suggested converting one of the surplus schools into the Downey Library. Mr. Charles Acuff, 7860 Lyndora Street, said a new City Hall and Library should have been built during the years when Downey was growing. He questioned whether the City saves money by providing its own services. Mayor Scotto inquired if there was anyone else present who wished to speak to the budget, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to continue the hearing on Budget for Fiscal Year 1976-77 to 7:30 p.m., June 14, 1976, in the Council Chambers of the Downey City Hall. Council Minutes 5/25/76 -3- It was moved by Councilman Jennings, seconded by Mayor Scotto, and passed by the following vote that Mr. Thompson be authorized to spend $5,000 in pursuit of the necessary sketches toward the General Plan. Councilman Greene said he would like to know more about what the City would be buying. Mr. Thompson stated the basic proposition to be considered would be the Land area involved and how to utilize utilities that would serve all of the center to maximize efficiency and decrease costs in operation and development. He noted he is awaiting final word on an accelerated Public Works Bill passed by Congress and the Senate which calls for a program, whereby any City would be given a 100 percent grant to build a public facility provided construction could start within 90 days after approval of the application. Mr, Thompson said if the Council wished to consider this possibility it would be advisable to have a master plan authorized to prevent any further delays. Commenting further, he stated through the SUA report it is known what the space needs are, and now a schematic would determine the most efficient way to locate the civic center buildings, parking, entrance and exits to minimize traffic difficulties and maximize convenience for citizens. Councilman Jackman questioned whether there is the need for a full civic center master plan. He stated his main concern is the Library and feels the study should be only for the Library at this time. Mr. Thompson suggested a decision be made based on a study of the complete civic center. Mayor Scotto spoke in favor of a total study. Mr. Thompson noted SUA would meet with the Council and Library Board to gather information and then develop alternatives from which the building program elements could be considered, with the Council selecting the best plan to meet the City's needs. He pointed out there would be no commitment to go beyond development of a master plan. Councilman Miller indicated he would like the representatives from SUA to meet with the Council as a group. Roll call vote: AYES: 4 Council Members: Jennings, Miller, Jackman, Scotto NOES: 1 Council Member Greene Mayor Scotto declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 76/2.through 76/22, 76/24, 76/25, and 76/27. She inquired if the City Clerk had the Affidavit of Posting and Affidavit of Publica- tion, 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 Affidavits. She inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. She inquired if there was anyone present who wished to speak in protest to the annexation, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCURRENTLY WITHDRAWING A PORTION OF ZONE I AND ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 76/2 THRU 76/22, 76/24, 76/25 AND 76/27) 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. 3288. Council Minutes 5/25/76 -4- Mayor Scotto declared that this is the time and place for the public hearing on Appeal to Zone Exception Case No. 1273, 8529 Fifth Street. She inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. City Planner Goggin stated the property is developed with a single family home, and the request is to construct a two-story, four -unit apartment building with eight off-street parking spaces and one guest parking space, with modification of the building setback. He said the property is zoned RI-5000 and is proposed on the General Plan for R-3 purposes. Mr. Goggin indicated at the public hearing before the Planning Commission there was considerable discussion by the people on Sixth Street. Mayor Scotto inquired if the City Clerk had received any correspondence. City Clerk Shand stated a written protest was received from Mr. and Mrs. James A. Keyser, It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the protest. Mayor Scotto inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Dale L. Ingram, Consultant, P. 0. Box 5922, El Monte, representing the property owners, Mr. and Mrs. Tom Shannon, and the developer, Mr. Bob Wagner, submitted photographs for the Council's consideration and displayed a plot plan with the revised elevation. He said the adjustments requested do not constitute a granting of special privileges inconsistent with the limitations upon other properties and zone in which the subject property is situated because other properties in this area have been granted zone exceptions for the same purpose. Mr. Ingram stated there are special circumstances applicable to the property regarding the size of the lot, and the zone exception will not adversely effect the established character of the surrounding neighborhood. He further submitted a petition supporting the appeal. In further explanation, Mr. Ingram said the zone exception will not be detrimental to the public health, safety, comfort, convenience, and general welfare; it will be consistent with the purpose and intent of the Comprehensive Zoning Ordinance; approval of the zone exception will not adversely effect the Comprehensive Zoning Plan being prepared be- cause Fifth Street is designated for multiple housing. He mentioned the present structure is old and very small, and he discussed the proposed apartment development with carport and guest parking. Mr. Ingram stated the plan provides for good size apartments and ample open space, and he noted the property owner is currently purchasing another home in the City. Councilman Miller asked if the property owner's purchase of another home is contingent on the successful closing of this escrow. Mr. Ingram said no. Mr. Tom Shannon, owner of 8529 East Fifth Street, said he was informed the property is proposed for R-3 by the City's master plan. He noted he has been unsuccessful in selling the property for residential use other than multiple dwellings. Mr. Paul Clayton, 7972 East Fourth Place, said he is drawing the plans for the proposed development, and there are no windows to the rear of the building. Mr. Finess Myers, 8528 East Fifth Street, spoke in favor of R-3 development of the property as proposed for Fifth Street by the City's master plan. Mr. L. W. Warren, 8516 Fifth Street, spoke in favor of the appeal. There being no further speakers in favor of the appeal, Mayor Scotto inquired if there was anyone present who wished to speak in opposition. Mr. Ben Baudo, 8518 East Sixth Street, spoke in opposition to more apartments in the City and suggested priority areas be established. Mr. Walter Hollowell, 8506 East Sixth Street, said the proposed development will be the first apartment to be constructed on the north side of Fifth Street for several blocks and because it adjoins the homes on the south side of Sixth Street it is viewed as a threat to the qualities of an older neighborhood. He submitted photographs of the surrounding neighborhood and asked for a thorough review of any zone exception which effects older neighborhoods. Mr. Lee Graves, 8533 Sixth Street, concurred with Mr. Baudo and Mr. Hollowell. Council Minutes 5/25/76 -5- Mr. Charles Aldrich, 8538 Sixth Street, presented a petition signed by approxi- mately 19 property owners on Fifth and Sixth Streets requesting denial of the zone exception. Mrs. Charlotte Wintz, 8553 Sixth Street, said allowing piecemeal apartments would not enhance the neighborhood; further, it would be a mistake to allow an apartment house on a 48-foot lot. Mrs. Ellen Graves, 8533 Sixth Street, concurred with the other speakers in opposition. She said there should be other alternatives available to the owner of the subject property. Mr. Ruben Montoya, 8548 Sixth Street, urged rejection of the zone exception as the proposed apartment will face the back of his property. Mrs. Adelie Sieman, 8539 Sixth Street, commented on noise and parking problems created by apartments. Mrs. Bertha Carpenter, 8512 East Sixth Street, concurred with the previous speakers. Mrs. Sharon Montoya, 8548 East Sixth Street, commented that two-story apartments can look down into the yards of the other residences. There being no further opposition, Mr. Ingram was allowed time for rebuttal. Mr. Ingram said apartments can be compatible with single family residences to the rear because of the type of design proposed. Further, the City needs alternate types of housing and through zone exceptions the City can control the type of developments that are constructed. He noted the design with carports along the rear wall will pro- vide privacy to the rear yards of the properties on Sixth Street. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to close the hearing. Mayor Scotto declared a recess at 10:48 p.m. The meeting resumed at 10:58 p.m., with all Council Members present. Councilman Jennings discussed the hearings held on adoption of the General Plan and of the pending Comprehensive Zoning Ordinance. He mentioned four Planning Commissioners voted on this zone exception, two in favor and two in opposition, and it appears that the two who voted "no" were not positive in their vote. Therefore, he made a motion to override the Planning Commission's denial and grant Zone Exception Case No. 1273 and refer it back to the Planning Commission for conditions. City Attorney Sorensen advised there are three motions available to the City Council: (1) To take this matter under submission; (2) If the Council wishes to grant the appeal and allow the zone exception there should be a motion to direct the City Attorney to prepare a resolution grant- ing the exception with the conditions attached and to refer the matter back to the Planning Commission for a report; and (3) If the motion of the Council is to deny the appeal and in effect affirm the decision of the Planning Commission, there should be a motion to direct the City Attorney to prepare a resolution denying the appeal and affirming the action of the Planning Commission. Councilman Jennings said he would amend his motion to direct the City Attorney to prepare a resolution overturning the Planning Commission with the conditions and refer it back to the Planning Commission for report. Councilman Jackman seconded the motion. Councilman Miller stated what the Council is establishing tonight is the future of the entire street and not just this one exception. He indicated he would like to see the Council adopt the Comprehensive Zoning Ordinance and then rezone the properties so everyone knows where they stand. Mr. Sorensen said there would not be any final determination by the Council until the resolution is presented for adoption. At the request of Mayor Scotto, Mr. Goggin commented on the difference between R-2 and R-3 requirements. Council Minutes 5/25/76 -6- Discussion followed. AYES: 2 Council Members: Jennings, Jackman NOES: 3 Council Members: Greene, Miller, Scotto Failed. It was moved by Councilman Jennings to direct the City Attorney to prepare a resolution denying the appeal and affirming the decision of the Planning Commission. Motion died for lack of a second. Following discussion, Councilman Miller indicated if Councilman Jennings would restate his last motion he will second it. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by the following vote to direct the City Attorney to prepare a resolution denying the appeal and affirming the decision of the Planning Commission. AYES: 3 Council Members: Greene, Miller, Scotto NOES: 2 Council Members: Jennings, Jackman Mayor Scotto said although the Downey Community Hospital Budget for Fiscal Year 1976-77 is not on the Agenda, with the Council's concurrence it will be brought up at this time. It was moved by Councilman Jennings to approve the Hospital Budget, deleting the $9.00 increase in room rent, leaving the ancillary increases in. He noted the Hospital increased its room fees $7.50 Last January or February, and he is not in favor of another increase in less than six months. The motion was seconded by Councilman Jackman. Mr. Allen Korneff, Downey Community Hospital Administrator, said not approving the room increase will cause severe hardships to the Hospital; also, the total increase in rates over the last 18 months amounts to an approximate 7.9 percent increase to cover the inflationary period in which the Hospital experienced a 14-to-16 percent increase in costs without increasing staff. He pointed out the reason for limiting the increase to 7.9 percent is that it has been possible to reinvest into services that have generated revenue for the Hospital. He responded to questions of Councilman Jennings. Dr. John Abbey, Second Vice President of the Downey Hospital, commented on the need for a scan, the problems that new doctors are not coming into the community, and the need for a building for X-rays. He urged the Council to vote for the Hospital budget, and he responded to questions from the Council. Discussion followed. Mayor Scotto said the room rates appear to be comparable with other hospitals. Councilman Jackman inquired if the room increases are not approved would the Hospital order the scan. Dr. Abbey replied no, without the scan the Hospital would lose three out of four of its physicians and there is no neurosurgeon that would operate without it. City Manager Thompson said it should be clarified that all of the room increases are not $9.00. Councilman Jennings stated his motion only covers the $9.00 room increases. Roll call vote: AYES: 1 Council Member: Jennings NOES: 4 Council Members: Greene, Miller, Jackman, Scotto Failed. Councilman Miller requested that next year he be given a more detailed list of what the Hospital's capital expenditures are going to be. It was moved by Mayor Scotto, seconded by Councilman Greene, and passed by the following vote to approve the Hospital Budget for Fiscal Year 1976-77, as submitted. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings Council Minutes 5/25/76 -7- ORDINANCE NO. 503 (emergency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS 9122.1 (39 a); 9122.9; WHICH SAID SECTIONS RELATE TO FIREWORKS STANDS Mayor Scotto asked if the City could still prohibit the sale of fireworks, City Attorney Sorensen replied the new State law is somewhat confusing in that it does not mention the word "sale". He said the City's ordinance presently on the books prohibiting the sale might not be enforceable and could be tested out in the courts. Mr. Sorensen stated it was felt that in the event the Ordinance were held unenforceable, it would be advisable to have something controlling it under the Zoning Ordinance; that although this Ordinance does not prohibit the sale of fireworks it does provide for protection around the facilities which sell fireworks, and that is the reason for this Ordinance. Fire Battalion Chief Davis mentioned there is considerable fire loss each year during July 4th sale of fireworks, and this will multiply it many times. He indicated that if the City does not have this Ordinance someone could come in and set up any type of operation he wants. A discussion was held regarding enforcement of the Ordinance and the permit fees involved. Mr. Sorensen suggested adding language to Section 9122.1 of the Ordinance to read: "Section 9122.1 (39 a). Fireworks. In the event of fireworks classified as "safe and sane" in the Health and Safety Code of the State of California is not prohibited by other ordinances of the City the sale of such fireworks from City approved firework stands shall be permitted subject to Section 9122.9." The Ordinance was read in its entirety by the City Attorney. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt emergency Ordinance No. 503. During discussion, Mr. Sorensen advised it is his opinion that the section of the Fire Code as it presently is written now prohibits the sale and use of fireworks. He said this Ordinance, in effect, says the sale is still prohibited so long as that Ordinance is effective, and that Ordinance is effective, in his opinion, unless someone declares it invalid. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Mr. Pat Moriority, President of Red Devil Fireworks Company, pointed out that all of the surrounding cities this year will allow the sale of fireworks, and there are no cities bordering Downey that suggest a fee to local organizations of $500. He said none of the other cities have the recorded fire Loss that Downey has during July 4th. Mr. Moriority commented on the emergency Ordinance. Removal of Items from Consent Calendar Agenda Item VIII-E-7, Resolution approving an amendment to the Joint Exercise of Powers Agreement with the Cities of Norwalk and Pico Rivera regarding the Southeast Animal Control Authority, was removed from the Consent Calendar. City Attorney Sorensen advised that the Resolutions under Consent Calendar are of some significance, and under the City's Charter it is provided that Resolutions can be adopted after the title is read in full. He suggested each of the titles be read and then they can be waived and adopted. RESOLUTION NO. 3289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON THE EAST SIDE OF DOWNEY AVENUE BETWEEN CHEROKEE DRIVE AND LEXINGTON ROAD FOR STREET CLEANING The Resolution was read by title only. Councilman Jennings suggested that in the future Resolutions be left out of the Consent Calendar. He made a motion to waive further reading of Resolution No. 3289 and said he would rather act on each Resolution individually if the titles have to be read. Council Minutes 5/25/76 -8- The motion to waive was seconded by Councilman Greene. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3289. Councilman Jennings questioned the priorities for signs restricting parking during street sweeping, inasmuch as the people on Albia Street have also requested a sign. Community Development Director Spindel replied that A1bia Street is a single family residential street, and this resolution is restricting parking in an apartment area where the problems are considerably worse. City Manager Thompson commented on the problems enforcing street sweeping parking restrictions. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings RESOLUTION NO. 3290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING CURB PARKING AT ANY TIME ALONG THE NORTHERLY SIDE OF GALLATIN ROAD FROM LAKEWOOD BOULEVARD TO ARRINGTON AVENUE AND RESCINDING ALL PRIOR PARKING RESOLUTIONS The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. The following Agenda Items were also removed from the Consent Calendar: Agenda Item VIII-E-4, Resolution limiting Pedestrian and Bicycle Crossing on Paramount Boulevard at Cleta Street; and Resolution limiting Pedestrian and Bicycle Crossing on Paramount Boulevard at DePalma Street and Rescinding Resolution No. 3055. Agenda Item VIII-E-3, Resolution eliminating Pedestrian and Bicycle Crossing on Firestone Boulevard at Patton Road. RESOLUTION NO. 3291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY OF DOWNEY`S PORTION OF THE 1980 FUNCTIONAL USAGE STUDY AND THE DESIGNATION OF FEDERAL - AID URBAN ROUTES IN SAID CITY RESOLUTION NO. 3292 A RESOLUTION OF THE COUNCIL OF THE CITY OF DOWNEY DESIGNATING THE AGENCIES OF THE CITY TO PREPARE CONFLICT OF INTEREST CODES IN ACCORDANCE'WITH THE PROVISIONS OF THE POLITICAL REFORM ACT OF 1974 AND DIRECTING THE PREPARATION OF SUCH CODES RESOLUTION NO. 3293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVIEWING ANNUAL IMPLEMENTATION OF SECTION 21023.6 OF THE GOVERNMENT CODE Resolution Nos. 3291, 3292, and 3293 were 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 Nos. 3290, 3291, 3292, and 3293, and approve the remainder of the Consent Calendar: s of Reeular Ci Meet Correspondence from Mary R. Sister City Committee. Denial of Legal Claims: RE Ref. #277, Marie Cvetko; Re of May 10. 1976 of April 27, 1976, May 4 Stauffer, M.D., regarding Resignation from Guadalajara L 6. Ronald Moses Council Minutes 5/25/76 -9- 525 S.S. Project #310, Florence Avenue Storm Drain between Lakewood Boulevard and Birchdale Avenue - Plans, specifications, and grant authority to advertise for bids. General Warrants: #144798 - 145032; #202449 - 202482 -- $812,236.80. Pedestrian Crosswalk and Crossing Guard Relocation - Downey Avenue north 0 RESOLUTION NO. 3294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ELIMINATING PEDESTRIAN AND BICYCLE CROSSING ON FIRESTONE BOULEVARD AT PATTON ROAD 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. 3294. RESOLUTION NO. 3295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY LIMITING PEDESTRIAN AND BICYCLE CROSSING ON PARAMOUNT BOULEVARD AT CLETA 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 Jackman, and passed by unanimous vote to adopt Resolution No. 3295. RESOLUTION NO. 3296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY LIMITING PEDESTRIAN AND BICYCLE CROSSING ON PARAMOUNT BOULEVARD AT DEPALMA STREET AND RESCINDING RESOLUTION N0. 3055 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 the the following vote to adopt Resolution No. 3296. AYES- 4 Council Members: Jennings, Miller, Jackman, Scotto NOES: 1 Council Member: Greene RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITIES OF NORWALK AND PICO RIVERA REGARDING THE SOUTHEAST ANIMAL CONTROL AUTHORITY 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 and seconded by Councilman Jackman to adopt the Resolution. Councilman Jennings inquired if the level of service could be increased or de- creased if the Council so desires. City Manager Thompson replied yes, within reason. He said the basic service as set up in the original agreement is for the level now being rendered. Councilman Jennings asked about reduced expenses to fit the revenue. Mr. Thompson indicated that could be explored if that is the Council's desire. He pointed out the present level of service was predicted as the minimum service. Commenting further, he stated an additional City will be coming into the Authority, and there is the prospect of one or two more cities, which will reduce the deficit. Councilman Greene voted "no" on adoption of the Resolution. Council Minutes 5/25/76 -10- Councilman Jennings also voted "no". Councilman Miller pointed out that the Council has not discussed the Animal Control budget. Mr. Thompson said the budget is for the Authority, of which the City of Downey is a member, and the budget item is the predicted cost of the City joining the Authority; the Authority Board must act on the budget and then designate to the member cities what their costs would be. Councilman Greene suggested taking the Resolution under submission. Councilman Jennings withdrew his motion. Councilman Greene withdrew his second. Taken under submission . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 2448, 2449 AND 2450 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO THE PARKS AND RECREATION DEPARTMENT 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 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 3165(a)3 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO PASSENGER LOADING ZONES The Ordinance was read by title only. It was moved by Councilman Greene, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to 'introduce the Ordinance. ORDINANCE NO. 504 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. 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 Ordinance No. 504. ORDINANCE NO. 505 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 Greene, and passed by unanimous vote to adopt Ordinance No. 505. RESOLUTION NO. 3297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AN ADDITIONAL CONTRIBUTION TO THE COST OF THE WORK FOR ASSESSMENT DISTRICT NO. 109 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Miller, 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. 3297. Council Minutes 5/25/76 -11- 15427 RESOLUTION NO. 3298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32726 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (8314 LEXINGTON ROAD) 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 the following vote to adopt Resolution No. 3298 and set the park fee of $175. City Planner Goggin read a letter to the Council from Mr. Jack Robinson, the subdivider. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to award Cash Contract #390 Rio Hondo Golf Course Protective Screen Installation, in the amount of the lump sum bid, to Master-Bilt Chain Link Fence Company.of Bellflower, the lowest and best bidder, and approve the following transfer of funds: Amount From To $700 A/C #40-17103, Crawford Park A/C #52-17516, Golf Course Protective Screen It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve extra work in the amount of $5,551.91 on S.S. Project #280, Washburn Road: Woodruff/Regentview; Woodruff Avenue: SPRR/Washburn; accept the improve- ments completed; and accept the responsibility for maintenance thereof. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract #371 Unit II Hopeland Avenue, Horley Avenue, Julius Avenue and Pomering Road, in the amount of the unit prices bid, to Production Paving and Grading, Inc., the lowest and best bidder. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract #379 Fontana Street: Downey Avenue to Patton Road, in the amount of unit prices bid, to United Asphalt Company of Paramount, the lowest and best bidder. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to accept the improvements completed in conjunction with Cash Contract #382, Wheelchair Ramps, and accept responsibility for maintenance thereof. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve Sidewalk Matching Funds, City-wide, at the following Locations: Estimated M.F. No. Address City Cost 446 13137 Faust Avenue $ 123.00 447 13143 Faust Avenue 123.00 451 11616 Rives Avenue 119.00 452 11657 Coldbrook Avenue 126.00 Total City Cost $ 491.00 It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve request for Acceptance of Right -of -Way at 8326 Florence Avenue, A-1688, in exchange for improvements. Report on Graffiti Removal. Presented for information. Councilman Greene asked about the procedure for handling inquiries regarding the graffiti machine. Community Development Director Spindel said if the information is given to his department they will contact the property owners. Councilman Miller noted graffiti on the underpass at Imperial Highway and the San Gabriel River. Council Minutes 5/25/76 -12- 5"-24 Mayor Scotto also noted graffiti on the underpass on Cecilia Street in the "triangle". Mayor Scotto asked Councilman Greene if he would be liaison to the Rose Float Committee. He replied yes. Councilman Miller inquired regarding the status of Building Demolition at 12341 Dunrobin Avenue. Community Development Director Spindel stated it is now being advertised. Councilman Miller mentioned he has received calls regarding Dog License Penalties. City Manager Thompson stated approximately 35 percent of the licenses are uncollected; a house -to -house canvass is now being made, and quite a number of people are refusing to pay primarily because of the penalty. He said the people who have ignored the canvass are being served, and it will be up to the court to determine the fine. Councilman Miller inquired if a person pays the penalty, would he still have to pay a fine. Mr. Thompson indicated he would have no objection to informing the court that if a person pays the penalty any further fine could be dropped. Discussion followed. Councilman Jennings requested an excused absence for the next two Council Meetings in June, as he will be out of the City. Councilman Jennings mentioned he is attempting to institute a program of repealing two unusable ordinances per month. The City Clerk is assisting and has submitted four ordinances that should be considered for repeal. He said he hopes in his absence the ordinances will be repealed. There being no further business to come before the City Council, the meeting was adjourned at 2:00 a.m, to 5:00 p.m., May 27, 1976, in the Green Room of the Downey Theatre for a joint meeting between the City Council and Downey School Board. V�lrjzzl Robert L. Shand, City Clerk -Treasurer & Hazel,A. Scotto, Mayor Council Minutes 5/25/76 -13-