HomeMy WebLinkAboutMinutes-06-14-76-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 14, 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.
Presentation to Dr. Mary R. Stauffer 1
Presentation by Pasadena Tournament of
Roses Assn. 1
Automobile Club presentation to Mayor and
Traffic Committee 1
Resolution #3299, Confirming Assmt. for
Chptr. 27 for DIP #686, S/s Florence Ave.
bet. LaReina Ave. & Downey Ave. Adopted 2
Resolution #3300, Confirming Assmt. for
Imprvmt. of Texas St. & Others (AD #109) Adopted 2
Budget for Fiscal Year 1976-77 Continued to 6/21/76 3
Proposed Acquisition of Additional Water
Systems - Auth. staff & City Atty. to
seek bond counsel & bring back proposal
w/prices in accord w/memo of procedure
subm. by City Atty. Approved 4
Health & Environmental Sanitation Comm.
req. for presentation for Home Property
Improvement Recognition Program Set for 6/22/76, 7:30 p.m. 5
City Attorney outlined procedure for
adjourning morning meeting of 6/22/76
to evening 5
Earthquake Emergency Workshop To be organized by Harriett
Payne & Ruth Brent 5
Removal of Items from Consent Calendar 6
Minutes of Adjourned Regular Meetings of
May 25 and May 27, 1976 Approved 6
Agenda Correspondence Items Received 6
Corres. from Corridor Cities Comm. re City Clerk to bring back
Const. of Century Freeway Resolution for next meeting 7
General Warrants #145033 - 145435
#202483 - 202542 Approved 7
CC #398, Annual Misc. Sidewalk Const. -
Specifications & grant auth. to advertise Approved 7
Bikeway Standards & Plan Preparation
Responsibility - Concur with Resol. of
Metropolitan Transp. Engrg. Bd. (MTEB) re
bikeway design standards Approved 7
Ordinance Amending DMC re Noise Introduced 7
Ordinance #506, Amending DMC re Parks &
Recreation Dept. Adopted 8
Ordinance #507, Amending DMC re Passenger
Loading Zones Adopted 8
Ordinance Amending & Repealing Sec. DMC
re Parking Meters & Parking Meter Funds Introduced 8
Ordinance Amending DMC re Bicycle Licensing Introduced 8
Page 1 of 2
COUNCIL MINUTES, JUNE 14, 1976
TABLE OF MINUTE ACTIONS
SUBJECT:
Resolution #3301, Decl. Int. to Vacate
Portion of Stewart & Gray Rd. at Nlq,f4
Corner Intersection of Stewart & Gray &
Rives Ave.
Resolution Apprvg. Amendment to Joint
Exercise of Powers Agmt. w/Cities of
Norwalk & Pico Rivera re Southeast
Animal Control Authority
Resolution denying Appeal in Zone
Exception Case #1273
Resolution Apprvg. Reapptmt. of Gano
Culwell to Personnel Advisory Board
Resolutions for appointments &
reappointments in Dist. 1 held to next
meeting
Misc. Proj. #142, Baysinger St., E/o Rives
Ave. - Const. of dry well & transfer of
funds
ACTION: PAGE NO.
Adopted 9
To be brought back at time
of considering Animal Cont. Budget 9
Taken under submission
To be brought back next mtg
Approved
Bid #8018 - Library Books for Fiscal Year
1976-77 - Grant permission to contract for
purchase of Library Books from Baker &
Tayler Co. of New York based on discounts
bid Approved
Capital Improvement Projects 1976-77 -
Revised recommendation of Planning Comm.
Population Breakdown of Councilmanic Dists
Acquisition of Rives School - Accept
Alternative (1) to present to DUSD
Volunteer Program
Installation of New Police Switchboard
Equipment
Relieve City Attorney of prosecuting
duties for City
Installation of Vehicle Access at
7505 Sarabeth St. - Reconsideration of
paving requirement
Meeting adjourned to 6/21/76, 5:00 p.m.
For information only
Taken under submission
Approved
Taken under submission to
next meeting
Approved
Approved
Taken under submission
10
10
10
10
10
10
10
11
12
12
12
13
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Page 2 of 2
38
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 14, 1976
The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 14,
1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding.
PRESENT: Council Members:
William L. Greene
Kenneth J. Miller
Theodore H. Jackman
Hazel N. Scotto
ABSENT: Council Member:
Richard M. Jennings (excused)
ALSO Charles W. Thompson, City Manager
PRESENT: Donald B. Robinson, 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 d 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 Coates, Superintendent, Water Division
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was led by Reverend Tom Jolly, Downey Memorial Christian Church,
followed by the Flag Salute Led by Councilman Jackman.
With the assistance of Mayor Scotto, Councilman Greene presented a plaque to
Dr. Mary R. Stauffer for her service the past ten years on the Sister City Committee.
He commented on her other achievements in the community.
Mr. Harrison Baker, Jr., Vice President, Pasadena Tournament of Roses Association,
presented a color photograph of Downey's entry in the 1976 Tournament of Roses Parade.
He announced the theme for this year is "The Good Life".
Mr. Joe Condron, President of the Downey Rose Float Committee, said the City will
try to have a prize-winning float this year.
A representative from the Automobile Club presented to Mayor Scotto and members of
the Traffic Committee a certificate for attending a ten-hour traffic study to aid the
community.
Mayor Scotto declared that this is the time and place for the public hearing on
y Improvement Project No. 686, Site 1, South Side of Florence Avenue between
ina Avenue and Downey Avenue. She inquired if the City Clerk had the Affidavit of
ng and Mailing, to which the City Clerk responded in the affirmative.
It was moved by Councilman Greene, 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 objec-
tions, and the City Clerk replied he had not.
Community Development Director Spindel reported on the cost for improvement at
Site 1 and recommended the Council confirm the assessments.
It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered
to accept the Engineer's Report.
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 Jackman, seconded by Councilman Greene, and passed by
the following vote to close the hearing:
AYE$:_ 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Council Minutes 6/14/76 -1-
RESOLUTION NO. 3299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 6869 SOUTH SIDE OF
FLORENCE AVENUE BETWEEN LA REINA AVENUE AND DOWNEY
AVENUE
The Resolution was read by title only. It was moved by Councilman Miller, seconded
by Councilman Jackman, and so ordered to waive further reading.
It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the
following vote to adopt Resolution No. 3299:
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Mayor Scotto declared that this is the time and place for hearing protests or objec-
tions against the assessment for improvement of Texas Street and other Streets. (Assess-
ment District No. 109). 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 Jackman, seconded by Councilman Miller, and so ordered
to receive and file the Affidavits.
Mayor Scotto inquired if the City Clerk had received any written protests or objec-
tions, and the City Clerk replied he had not.
Community Development Director Spindel reported the total cost of the project is
$63,754.75, whereas the original estimate was $79,790. The total City contribution is
$45,424.12, and the property owners' contribution is $17,830.63. He noted the average
as given to the property owners has been reduced approximately 18 percent over the
original estimate, and he recommended Council confirm the assessments.
It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered
to accept the Engineer's Report.
Mayor Scotto inquired if there was anyone present who wished to speak in protest
to the assessment district, and there was no response.
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by
the following vote to close the hearing.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
RESOLUTION NO. 3300
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CONFIRMING THE ASSESSMENT
FOR THE IMPROVEMENT OF TEXAS STREET AND
OTHER STREETS. (Assessment District 109)
The Resolution was read by title only. It was moved by Councilman Miller, seconded
by Councilman Jackman, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to adopt Resolution No. 3300:
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Mayor Scotto declared that this is the time and place for the public hearing on the
Budget for Fiscal Year 1976-77, which was continued from the adjourned regular meeting
of May 25, 1976.
Mayor Scotto inquired if there was anyone present who wished to speak to the Budget.
Mr. Roy Frey, 9351 Farm Street, addressed the Council regarding the proposed 11 cent
increase in the Property Tax. He said he has been asked to speak for a group of Downey
citizens. He commented on increased taxes through the years and said it is important
to live within a budget. Mr. Frey made a counter proposal of reducing the Property Tax
6 cents, and suggested the City hold down its wages and services.
City Manager Thompson explained comparisons were made with ten other cities in Los
Angeles and Orange Counties nearest to Downey in size and population and independent
Council Minutes 6/14/76 -2-
-5 _' 0
cities furnishing their own services, and Downeyts Property Tax rate was less than :half
of the average of those cities, not one had a lower rate. He said the Sales Tax com-
pared was uniform, and none of the cities having a Utility Users Tax had a lower rate
than Downey. Mr. Thompson cited further results of the comparison made with other cities
with regard to level of services and number of employees. He commented on the reduction
in City personnel and pointed out that if the services are reduced there will be less
response to incidents in the City. He noted further that service costs have been kept
to a minimum without major reduction in the level of service. Mr. Thompson said a
decision should be made whether the City is to maintain its current level of service or
cut back.
Councilman Miller invited Mr. Frey to contact him at anytime for a discussion. Also
he pointed out that figuring the average home in the City selling for approximately
$47,000-$48,000, the market value for which the Tax Assessor sets the tax, the proposed
increase would cost the homeowner approximately $7.42 per year; a six -cent reduction as
it would affect the average homeowner would be $4.05 per year.
Mr. Bruce Watson, 9220 Stewart and Gray Road, inquired regarding the average start-
ing salary for Policemen and Firemen. He suggested that it might be a fine gesture for
employees of the City making in excess of $800 a month to take a five percent cut in pay.
Mr. Mark Poochigian, 8510 Cherokee Drive, commenting on police overtime, asked
about the average salary reported by police officers on the W-2 income tax form.
Chief Morgan said he does not have that information available, however, he noted
that overtime in the Police Department has been cut more than 50 percent.
Referring to the $2 million for the Library, Mr. Poochigian suggested the City
enter into an agreement with the Board of Education for using the school libraries in
the evening.
Councilman Miller said the only problem would be with the materials available in
the school system.
Mayor Scotto asked for a report on this from the City Manager.
Ms. Helen Hammond, 6445 Dos Rios Street, questioned the amount listed in the
budget for Downey Junior Athletic Association (DJAA).
Parks and Recreation Director Neavill stated DJAA is essentially part of the City
Parks and Recreation program, and it receives a tremendous amount of local support of
primarily the parents who participate in the program. He said the parents support
this program through fund raising activities and volunteer efforts, and the City pays
for supervision of the activities for umpires, supplies, and materials that are used.
The budget amount is $36,330. Mr. Neavill further advised that the DJAA program is an
extension of the school program and is coordinated with the School District so that
there will be no interferring or overlapping of programs.
Ms. Hammond asked about the per capita use of the Library, the peak hour use of
the Library, and suggested the employees' hours be changed to extend during the peak
hours. She made further inquiries regarding the golf course budget.
Mr. Pat Flannery, resident of Downey, asked about the latitude the City might have
in revamping the time payments for capital outlays such as bonded indebtedness.
Mr. Thompson replied that the City does not have any bonded indebtedness.
Mr. James Smallwood, 10718 Clancey Avenue, introduced himself and said he might
want to address the Council at a later time.
Mr. Bernie Manka, 12066 Paramount Blvd., speaking on behalf of the senior citizens,
suggested the City form a "methods committee" which would include a representative
from each department to study the possibilities of reducing services in the City. He
volunteered to help organize the committee.
There being no further comments from the audience, the Council discussed holding
further study sessions on the Budget.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to continue the hearing on the Budget for Fiscal Year 1976-77 to
5:00 p.m., June 21, 1976, in the Council Chambers of the Downey City Hall:
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Council Minutes 6/14/76 -3-
Councilman Jackman said he is grateful for input from the citizens and noted tyre
Council has been working very diligently on the Budget and will make the best possible
decision it can with all of the input the citizens can give.
Councilman Greene mentioned the people in his district do not want the City to
reduce its services.
Councilman Miller said during his campaign most people appreciated Downey; he
campaigned with the idea that attention would be given to the Library, and he does not
intend to renege. He commented on the City's expenditures during the past tG+o fisoal
years for the park system, which he said is equal to 56� cents per $100 assessed valuv-
ation, and in the meantime the Library exists on a budget less than the capital
improvement budget spent for parks. Councilman Miller pointed out he is not advocat-
ing increasing taxes 11 cents, and he has spent a great deal of time trying to resolve
things that have been set in motion by other Councils. He stated he would like to
speak further with the people who have addressed the Council to share views and receive
greater insight.
Councilman Jackman explained the proposed tax increases are 11 cents for the
operational budget and an additional 10 cents for the Library.
Mrs. Katherine Save spoke in favor of the Library expansion and suggested that
possibly there might be another way to approach this without increasing taxes.
tiruation of citizen input
tems
Mayor Scotto inquired if there was anyone present who wished to speak in regard
to the acquisition proposal, and there was no response.
City Manager Thompson reported he has placed before the City Council a list of
nine telephone calls received on this matter, indicating eight in favor of acquiring
the systems and one opposed. He stated that through negotiations, it now appears
feasible to acquire the companies within the rate structures imposed; the consolida-
tion of water systems would save the users further increases that are now proposed by
the private water companies, and would make available a number of other advantages and
cost savings. Mr. Thompson said in order to meet the schedule of acquisition by
January of 1977, it would be necessary for the Council to make a decision whether or
not it wishes to proceed and authorize staff to commence with a schedule of selecting
a bond counsel and begin development of an environmental impact statement. He added
that if the Council were to authorize proceeding with this matter it would not be a
commitment that could not be retracted if it appeared in the best interest of the City
to do so.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to close the citizen input hearing.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Lt was moved by Councilman Jackman, seconded by Councilman Green, and passed by
the following vote to authorize staff and the City Attorney to proceed with the neces-
sary arrangements in seeking bond counsel to complete acquisition or ta,e two water
co[Upnuies involved and bring a proposal back to the Council with the necessary prices,
according to the memorandum of procedures submitted by the City Attorney.
Questions were raised regarding the costs to the City if the Council decided to
stop the proceedings.
City Attorney Sorensen stated if the bond counsel has been employed it would
depend on where the proceedings were stopped.
Mr. Thompson said it might be possible to get some kind of a breakdown from the
bond counsel.
Councilman Jackman spoke in favor of the proposed acquisition.
Mr. Sorensen said it should be known relatively soon whether or not an agreement
can be consummated with the water companies, prior to involving bond counsel or finan-
cial consultants.
Councilmen Jackman and Miller questioned whether the acquisitions should be a
decision of the Council or the voters.
Mr. Thompson said there is justification on the part of making a decision of this
sort in terms of a program paid for out of the proceeds of the facility being acquired
Council Minutes 6/14/76 -4-
as opposed to a property tax levy or a general obligation of property owners in the
community. He pointed out that a water system is known to be a successful business
venture, and the studies made indicate the parameters within which the City can pur-
chase the companies and the amounts beyond which it cannot; there are advantages to
the community and there is factual evidence that the program will pay for itself.
Mr. Bruce Watson asked why this was not placed on the ballot during the last
municipal election.
Mr. Thompson explained the City Council authorized an engineering study approxi-
mately two years ago to determine what the feasibilities are of acquiring the system;
next, it had to be determined whether the water companies would agree to a price with-
in the parameters of that engineering feasibility study._ He said it has only been
during the Last two months that it has reached this stage, and it was too late to be
placed on the spring ballot. Mr. Thompson further explained this was advertised in
the community several times, as well as an article in the Communicator mailed Citywide.
Roll call vote:
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Mrs. Betty Rupp, member of the Health and Environmental Sanitation Committee,
introduced Madeline Koenig, also a member of the committee. She announced that the
Beautification Sub -committee of the Health and Environmental Sanitation Committee has
reviewed the nominations for the Home Property Improvement Recognition Program,
and the following entries are recommended for special recognition at the Council meet-
ing of June 22nd, with the Council's concurrence:
Single Family Residence: Mr. and Mrs. Pontrelli, 7514 Sarabeth Street.
Multiple Residence: Apartments on Fifth Street, owned by the "Carpenters".
Commercial Building: Tredway, Brandmeyer & Ward building, 10841 Paramount Blvd.
Industrial Property: L & D Appliance Corporation, 11404 Downey Avenue.
Mrs. Rupp said the committee would also like to give special acknowledgement to
the new Fire Station on Paramount Boulevard.
Mayor Scotto said it would be the Council's pleasure, however, there should be a
decision made whether the meeting will be in the morning or evening.
Councilmen Miller and Greene said they would like to have another evening Council
meeting.
City Attorney Sorensen said if it is the Council's desire to continue the Budget
hearing on June 21st to June 22nd, then the City Clerk will meet in the Council Cham-
bers on Tuesday morning at 8:00 a.m., and adjourn for lack of a quorum to Tuesday
evening, 7:30 Q m.
The Council concurred.
Mayor Scotto introduced Harriett Payne and Ruth Brent, who attended the Earthquake
Emergency Workshop and would like to present a proposal to the City Council regarding
an additional workshop.
Mrs. Ruth Brent said the purpose of the earthquake workshop is to teach families
to be self-sufficient in the event of a major earthquake or calamity, rather than
depending on government agencies. She indicated the proposed workshop would be a
follow-up program, a workshop to educate the homeowners on precautions and provisions
they can take to protect the lives and health of their families, as well as providing
tips on how to minimize or avoid damage to property and valuable possessions. Mrs.
Brent stated it is felt the ideal place to present the program would be the Downey
Theatre, and she suggested the possibility of the City sending out invitations to all
chairmen and presidents of clubs, church groups, and other organizations in the area
to bring one or two of their key members. She noted the overall objective is to teach
the leaders of these organizations so that they will pass on the information to their
members, and the meetings will also be open to the public. Mrs. Brent read resumes
of qualifications of herself and Mrs. Payne and pointed out there would be no cost to
the City, other than whatever the cost would be for the Theatre, plus some brochures
and publicity.
Mayor Scotto and Councilman Miller spoke in favor of the program.
Mrs. Brent indicated she will present further information to the Council within
the next few days.
Council Minutes 6/14/76 -5-
411.3
Mr. A. A. D'Alessandro, 8201 Fourth Street, spoke regarding the Council's recent
action in denying the Appeal to Zone Exception Case No. 1273, 8529 Fifth Street. He
noted the former Downey Community Hospital property on Fifth Street is now built with
R-3, and he cited the need for a Design Review Board. He urged the Council to recon-
sider its action on this matter.
Mayor scotto stated the Council is concerned about this, but is also concerned
about the feelings of the citizens who spoke at the hearing in opposition.
Councilman Miller indicated the reason he voted "no" against the appeal was
because granting an exception on that one property would be rezoning the north side of
Fifth Street. He said he thinks it is essential to adopt the Comprehensive Zoning
Ordinance and then do the rezoning so .that people will know where they stand.
Mayor Scotto declared a recess at 10:00 p.m. The meeting resumed at 10:15 p.m.
with Council Members Greene, Miller, Jackman, Scotto present, Council Member Jennings
absent.
Removal of Items from Consent Calendar
At the request of Mr. Paul Spothelfer, 9708 Haledon Avenue, the following agenda
items were removed from the Consent Calendar:
VIII-C-1, Cash Contract #398, Annual Sidewalk Contract.
VIII-F-1, Bikeway Standards and Plan Preparation Responsibility.
At the request of Councilman Greene, Agenda Item VIII-B-4, Correspondence from
Andrew Q. Isaacs, Vice President, Corridor Cities Committee, was removed from Consent
Calendar.
At the request of Councilman Jackman, Agenda Item VIII-D, Warrants, was removed
from the Consent Calendar.
At the suggestion of the City Attorney, Mayor Scotto said the Council will act on
each item separately.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to approve the Minutes of the Adjourned Regular Meetings of May 25
and May 27, 1976, as submitted.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by
the following vote to receive the Agenda Correspondence Items:
Correspondence from City of Norwalk regarding Southeast Area Animal Control
Authority; Correspondence from Southern California Edison Company, regarding 1976 Con-
version Allocation.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Correspondence from Andrew Q. Isaacs, Vice President, Corridor Cities Committee,
regarding Resolution urging Construction of the Century Freeway.
Councilman Greene asked if the City Council is in accord with the comments made in
the correspondence.
Councilman Jackman said he certainly is.
Councilman Greene indicated he is also in agreement.
Mayor Scotto noted receipt of a,letter from County Supervisor Hahn requesting the
Council adopt an individual resolution.
Councilman Miller said he favors either construction and moving ahead with the
freeway or providing an alternative of the greatest measure of protection for the people
living in the corridor. He favored Council's adoption of a resolution.
Mayor Scotto stated she will support any action of the Council, but said alterna=.
tivies should be explored because of the lack of funds to build the freeway.
Councilman Jackman indicated he does not think there is any alternative to the
freeway, and the Council should do everything it can to see that it moves forward, even
to the point that if the injunction is ever lifted, the corridor cities should enter
into litigation.
Council Minutes 6/14/76 -6-
City Attorney Sorensen reviewed the Council's action, whereby he was authorized to
file a Complaint in Intervention in the case pending by the environmentalist group and
the State, and in addition he was also authorized to intervene on behalf of six other
cities along the Freeway corridor. He said there is a motion pending, for two years,
and he has not proceeded with further litigation because of the Council's uncertainty
whether it wanted him to do so. Mr. Sorensen indicated he will bring back a further
report to the Council.
Following discussion, the City Clerk was instructed to bring back a resolution for
the next Council meeting.
General Warrants
Councilman Jackman inquired regarding the warrant issued to the Downey Youth Band
in June, and the Youth Band was disbanded in May.
City Manager Thompson advised the payment was for the month of May, and that is
the last payment made to the Youth Band.
Parks and Recreation Director Neavill stated the Youth Band indicated it would not
make any expenditures from the check except for current bills already approved. He
said any money left in the Band's account will be available for reallocation.
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by
the following vote to approve General Warrants #145033 - #145435, and #202483 4202542
in the amount of $573,588.70.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Cash Contract #398 Annual Miscellaneous Sidewalk Construction
Mr. Spothelfer inquired regarding the locations of the sidewalks.
Mr. Spindel replied this is done every year; the City gets an annual contract of
an estimated quantity of sidewalks based on past experience, and then whenever the City
Council authorizes construction of sidewalks the contractor is instructed to do so --this
saves the City a great deal of time and money. He noted the annual contract is based on
an estimated quantity on a unit price basis, and the City contributes approximately
$10,000 over the year.
Mr. Spothelfer asked that the City Council only approve sidewalks that have a pri-
ority in the City.
Councilman Miller stated it is his opinion that this matter be taken under subs._
mission until after the budget is approved.
Discussion followed.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to approve specifications and grant authority to advertise for bids
on'Cash Contract #398, Annual Miscellaneous Sidewalk Construction.
AYES: 3 Council Members: Greene, Jackman, Scotto
NOES: 1 Council Member: Miller
ABSENT: 1 Council Member: Jennings
Bikeway Standards and Plan Preparation Responsibility
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to concur with a resolution of the Metropolitan Transportation Engi-
neering Board (MTEB) regarding bikeway design standards.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 4600.2 AND 4602. OF THE DOWNEY MUNICIPAL
CODE AND ADDING SECTION 4606 TO THE DOWNEY MUNICIPAL CODE
ALL OF WHICH SAID SECTIONS RELATE TO NOISE.
The Ordinance was read by title only. It was moved by Councilman Jackman, seconded
by Councilman Miller, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to introduce the Ordinance.
Council Minutes 6/14/76 -7-
Questions were -raised regarding the method of enforcement by the County, the num-
ber of types of complaints received in the past, and the fine involved. Aew Jr -
Councilman Jackman asked what would happen to a business making noise in an M-1
zone next door to an R-1 zone.
Community Development Director Spindel replied noise attenuation measures would
have to be made, and variance procedures are contained in the ordinance, whereby anyone
found to be in violation may request a variance from the Building Appeals Board.
Further discussion ensued.
AYES: 3 Council Members: Miller, Jackman, Scotto
NOES: 1 Council Member: Greene
ABSENT: 1 Council Member: Jennings
ORDINANCE NO. 506
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DOWNEY AMENDING SECTIONS
2448, 2449 and 2450 OF THE DOWNEY MUNI-
CIPAL CODE, WHICH SAID SECTIONS RELATE
TO THE PARKS AND RECREATION DEPARTMENT
The Ordinance was read by title only. It was moved by Councilman Jackman, seconded
by Councilman Greene, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to adopt Ordinance No. 506.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member:- Jennings
ORDINANCE NO. 507
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 Jackman, seconded
by Councilman Greene, and so ordered to waive further reading.
It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by
the following vote to adopt Ordinance No. 507.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE
BY REPEALING SECTIONS 2504, 2504.1, 3155(c),
3182, 3183 AND 3184 ALL OF WHICH SAID SECTIONS
RELATE TO PARKING METERS AND PARKING METER FUNDS
The Ordinance was read by title only. It was moved by Councilman Jackman,seconded
by Mayor Scotto, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to introduce the Ordinance.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 3200 - 3207 OF THE DOWNEY MUNICIPAL
CODE, WHICH SAID SECTIONS RELATE TO BICYCLE LICENSING
The Ordinance was read by title only: It was moved by Councilman Jackman,seconded
by Councilman Miller, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to introduce the Ordinance.
Council Minutes 6/14/76 -8-
Police Chief Morgan stated this wording will bring the City's Ordinance in line
with State law and requirements on bicycle licensing.
Mayor Scotto commented on a letter received from the Bicycle Committee recommend-
ing the City review the proposed SCR-47 Report regarding changes to the California
Vehicle Code for Bicycles.
Councilman Jackman asked if this will be amending the City's present Ordinance or
adding another one.
Mayor Scotto asked for a report back on this matter.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
RESOLUTION NO. 3301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DECLARING ITS INTENTION TO VACATE A PORTION OF STEWART
AND GRAY ROAD AT THE NORTHEAST CORNER OF THE INTER-
SECTION OF STEWART AND GRAY AND RIVES AVENUE
The Resolution was read by title only. It was moved by Councilman Greene,
seconded by Councilman Jackman, and so ordered to waive forther reading.
It was noted the Resolution sets a hearing for July 13th.
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by
the following vote to adopt Resolution No. 3301.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
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 REGARD-
ING THE SOUTHEAST ANIMAL CONTROL
AUTHORITY
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Mayor Scotto, and so ordered to waive further reading.
Councilman Miller asked that this matter be brought back at the time of approving
the Animal Control budget.
City Manager Thompson said the Animal Control budget allocation is part of the
City budget.
City Attorney Sorensen reminded the Council that if the agreement is to be
extended, action will have to be taken by June 30th, because the agreement expires at
that time.
Mr. Thompson noted staff will keep in contact with residents in the northern por-
tion of the City who filed a petition in regard to construction of a pound facility.
He said it is hoped to meet with the people this week and show them different areas
involved and what is being contemplated. He invited the Council to attend.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY DENYING AN APPEAL IN
ZONE EXCEPTION CASE NO. 1273
City Attorney Sorensen commented on the findings contained in the Resolution and
said the Resolution concludes that the decision of the Planning Commission is affirmed,
the appeal is denied, and the request for zone exception shall not be granted.
The Resolution was read by title only.
It was moved by Mayor Scotto and seconded by Councilman Jackman to take the Reso-
lution under submission and study it further.
Discussion followed.
Council Minutes 6/14/76 -9-
There being no objections, the Resolution was taken under submission.
City Clerk Shand advised that Councilman Jackman has submitted Resolutions for
appointment and reappointment in his District.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE REAPPOINTMENT OF GANO CULWELL TO THE
PERSONNEL ADVISORY BOARD
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Greene, and so ordered to waive further reading.
It was moved by Councilman Jackman and seconded by Councilman Green to adopt
the Resolution.
Mayor Scotto pointed out that the procedure has been to submit the appointees'
names ahead of time.
With Councilman Jackman's concurrence and there ;being no objections, the Reso-
lutions for appointments and reappointments in District One were held to the next
Council meeting.
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed
by the following vote to approve the construction of a dry well on Miscellaneous
Project No. 142, Baysinger Street - East of Rives Avenue and the following trans-
fer of funds:
Amount From To
$450 A/C #26-11341 A/C #26-11361
$500 A/C #26-11360 A/C #26-11361
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Bid No. 8018 - Library Books for Fiscal Year 1976-77
It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by
the following vote to grant permission to contract for the purchase of Library Books
from the Brokerage Firm of Baker d Taylor Company of New York, based on discounts
offered as per Bid No. 8018.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Capital Improvement Projects 1976-77: Revised recommendation of the Planning Com-
mission. For information only.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to authorize the Mayor to sign the Area E Mutual Aid Agreement
with the cities of Compton, Lynwood, Montebello, Santa Fe Springs, and Vernon.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
CITY MANAGER'S REPORT
City Manager Thompson reported that as a follow-up to a Council request for a
study of Population Breakdown of each Councilmanic District, results of a study show
that of the four districts, District One is the most populous with 23,839, and Dis-
trict Three is the least populous with 21,322. He said the City Charter requires a
review of the districts every ten years, and this review indicates the City Council
should appoint a study committee to bring back a report on revisions to develop a
parity among the four districts. Mr. Thompson stated the City Attorney has indicated
judicial interpretations require that a reasonable equality exists among the districts,
and in the case of Senate and Assembly Districts no greater than two percent deviation
would be permitted. Therefore, Mr. Thompson suggested the City attempt to acquire or
secure a deviation close to two percent. He pointed out there is a ten percent differ-
ence between Districts One and Three, and mentioned the Council could appoint staff,
citizens committee, or a combination of both to make the study.
Councilman Jackman spoke in favor of changing the Council election by districts
to Citywide.
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City Attorney Sorensen said this committee under the Charter has a duty to report
on the advisability of changing the districts.
Taken under submission.
Acquisition of Rives School
Mr. Thompson said the City Council and the Downey Board of Education have jointly
requested the School Superintendent and himself to develop alternatives for the pro-
posed acquisition. He stated five alternatives are presented for the Council's con-
sideration, the first of which, in his opinion, would achieve the following objectives
as he and the Superintendent of Schools perceive to be: First, retaining flexibility
in management and utilization of public property in order to respond to the best in-
terest of the community; and second, the Board of Education requires assurance that the
property acquired by the City would be utilized for the purposes for which the City is
purchasing it.
Councilman Jackman questioned whether the City Council wants to purchase the
property.
Mr. Thompson indicated the Council should make that determination.
Councilman Jackman raised further questions regarding the effect maintenance costs
will have on future City budgets and whether there is a real need for the property.
Councilman Greene spoke regarding the need for a multi -purpose building in the
City and said it would cost over $1 million to build that kind of facility.
Parks and Recreation Director Neavill explained the City is making maximum use of
existing school facilities for meetings and other purposes to the point that the
School District does not have enough room for its own activities. He said the Recre-
ation and Community Services Commission has recommended acquisition of the property.
Mrs. Signi Van Hoeven, 8533 East Donovan Street, President of the Senior Citizen
Committee on Aging, addressed the City Council regarding the growing need for a senior
citizen center.
During discussion, Mrs. Van Hoeven indicated the senior citizens would be able to
get equipment for the facility.
Mayor Scotto said she would be in favor of Alternative (1).
City Attorney Sorensen stated concern regarding Alternative (2) and the interpre-
tation the Court may put upon positive wording in the recital.
Mr. Thompson noted that in trying to word the alternatives it was the agreement
between himself and the School Superintendent that the wording was not necessarily to
be accepted as the exact wording, but would have to be worked out by the respective
legal counsel.
Mr. Sorensen explained statements contained in a recital of an agreement are gener-
ally put there for some reason, either to express general intention or general purpose
of what is proposed, and if any ambiguity or question arises, then a court will some-
times look at what is the intent of the parties when they entered into the agreement.
He said if the Council has no objection to the language being included, so long as it
is clearly an expression of intent and not binding, then he would be satisfied it can
be worked out.
Mayor Scotto said she is in favor of the City retaining the property.
Councilman Jackman indicated he feels this matter should be put to a vote of the
people.
Mr. Spothelfer stated the Council should be able to arrive at a sales price and
present an offer to the School Board for acceptance or rejection. He said it will
cost more than the proposed $50,000 to renovate the facility, as well as added costs
for maintenance and staffing.
I was moved by Mayor Scotto, seconded by Councilman Miller, and passed by the
following vote to accept Alternative (1) to present to the Downey Unified School
District, with the intent to purchase Rives School.
AYES: 3 Council Members:
NOES: 1 Council Member:
ABSENT: 1 Council Member:
Greene, Miller, Scotto
Jackman
Jennings
Council Minutes 6/14/76 -11-
Mr. Thompson indicated he has submitted a report on the Volunteer Program to the
City Council listing a number of possibilities and suggestions for a program, which are
subject to change, and he asked if it is the desire of the Council to proceed along the
lines suggested.
It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered
to take this matter under submission for discussion at the next Council meeting.
Mr. Thompson recommended Installation of New Police Switchboard Equipment. He
said the installation charge is approximately $3600, and the monthly charge would be
the same amount now being paid for the old equipment.
It was moved by Mayor Scotto, seconded by Councilman Jackman, and passed by the
following vote to approve installation of the new police switchboard equipment, as
recommended.
Police Chief Morgan explained the present equipment is quite old and the mainten-
ance on it is almost constant. He said the new equipment would reduce the amount of
room necessary and time spent by the communications and switchboard operators working
with the equipment; also, it would provide additional trunk lines for citizens calling
in. Chief Morgan noted that shortly, a CRT unit from the Sheriff's Department will
have to be installed in the Communications Raom, and by removing the present equipment
there will be room for both the new switchboard and the CRT unit. The CRT unit will
be furnished free by the Sheriff's Department through a Federal grant.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
ORAL COMMUNICATION
Mr. Bruce Watson, 9220 Stewart and Gray Road, questioned whether the meeting
between the four -member City Council and County Supervisor Schabarum several weeks ago
was in violation of the Brown Act.
City Attorney Sorensen advised that he does not think the meeting described was a
violation of the Brown Act.
Prosecuting Duties - City Attorney
Mr. Sorensen stated there is an amendment to the law providing that no associate
or partner of a City Attorney can defend a matter for a City unless the City Attorney
is relieved of prosecuting duties. He asked the City Council, by motion, to relieve
him of any prosecuting duties.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by
the following vote to relieve the City Attorney of prosecuting duties for the City
of Downey.
AYES: 4 Council Members: Greene, Miller, Jackman, Scotto
ABSENT: 1 Council Member: Jennings
Mr. Robert Beagle, 8433 Cavel Street, said pursuant to his request, the Planning
Commission and City Council approved installation of vehicle access at 7505 Sarabeth
Street. However, he indicated at the time of approval he and the new property owners,
Mr. and Mrs. Mulholland, were not aware of a stipulation of paving to be installed at
the owners' expense. Mr. Beagle stated further, that at the time the subdivision was
granted he agreed to pay for sidewalk, curb, and gutter to the back of the property on
Laura Street, but now the City is requesting payment for paving the area between the
sidewalk and the gutter. A diagram of the area was drawn on the board. Mr. Beagle
added that as a general contractor in the City, it has been his understanding that it
is illegal to pave the area between the sidewalk and curb, which is considered City
property.
Community Development Director Spindel responded that it is not illegal to fill in
the parkway between the sidewalk and curb, and it is done in many places, for many
reasons. He said the reason this was required as a condition of allowing access rights
at this area is because it would be a maintenance problem since it is to the back wall
of the property involved. Mr. Spindel pointed out that the condition was first imposed
by the Planning Commission when granting the access rights, and at the time it was
approved by the City Council, it was brought out by Councilman Jennings that the grant-
ing of the access rights include the condition that the parkway be filled in.
Mrs. Loretta Mulholland said they were approached regarding the maintenance prob-
lem, and they have agreed to maintain the area. She pointed out there are parkways in
front of homes that are not maintained, and the property owners are not forced to pave
those areas. When Mr. Spindel replied that any of those areas maintained by the City
Council Minutes 6/14/76 -12-
are assessed to the property owners, Mrs. Mulholland said she would be willing to be
assessed if they do not maintain the property as indicated.
City Planner Goggin remarked that the Planning Commission suggested in a memo-
randum to the City Council that the parkway be paved out in full; that at the time of
approval by the City Council it was clarified that the motion to approve was per the
written memorandum of the Planning Commission.
City Attorney Sorensen advised that if it is the desire of the Council, the re-
quirement can be rescinded, affirmed, or modified.
Mr. Beagle said if the Council does not grant permission not to pave the area,
then he would suggest the property owner be granted matching funds.
Mr. Spindel stated it is the policy that the City does not give matching funds to
a requirement of Planning Commission cases.
Mr. Beagle said he agreed to install the sidewalk as a condition of the subdivision,
however, he feels paving the parkway is in excess of what was required.
Councilman Greene suggested this be taken under submission for review so that the
Council may look at the property.
Following discussion, this matter was taken under submission.
Mayor Scotto asked that a report be brought back to the Council July 13th.
There being no further business to come before the City Council, the meeting was
adjourned at 1:15 a.m, to 5:00 p.m., June 21, 1976, in the Council Chambers of the
Downey City Hall, for the purpose of continuation of the Budget study and hearing.
/� %ej�
Robert L. Shand-, City Clerk -Treasurer HazeliN. Scotto, Mayor
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