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Home My WebLink AboutMinutes-07-13-76-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 13, 1976 T a B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Five, Ten, & Fifteen Year Employee Awards Honorary Citizenship Cards to Guadalajara students Property Improvement Award to Harold Tredway Resolution #3312, Ordering cert. modifications of work in AD #119 (Orange St.) Adopted Resolution #3313, Ordering Vacation of Corner Cut-off at NE Corner Rives Ave. & Stewart & Gray Adopted Removal of Items from Consent Calendar Minutes: Reg. Mtg. June 14, 1976; Adjourned Reg. Mtgs. June 21, 1976, June 22, 1976 (5:00pm), & June 22, 1976 (7:30pm) Approved Agenda Correspondence Items Filed Denial of Legal Claims: Ref. #280, 281, 282 Approved General Warrants #145560-145999; #202560-202623 Approved DIP #689, N/s Iowa St., Dolan to Brookshire - Auth. Chptr. 27 for completion of sidewalk, curb, gutter & street paving Approved DPC #97, 8" Sewer Line in Easement W/o Paramount B1., S/o Telegraph - Accept dedication & imprvmts. Approved Traffic Signal & Hwy. Safety Ltg. Maint. Agmt. w/Los Angeles County Rd. Department Approved AD #110, Laura St. - Assignment of Diagram, Warrant & Assmt. for ppty. owner portion costs to Gross & Co. Approved SS Proi. #309, Gardendale St., Lakewood to Held to next meeting; City Paramount Atty. to amend agreement SS Proj. #308, Slurry Seal, Fiscal Year 1975-76 - Accept improvements Approved Ordinance #511, Amending DMC re License Fees for Dogs Adopted Resolution ,'M14, Ordering Dir. Comm. Dev. to make Report (Annex. 76/28 thru 76/37) Adopted Engineer°s Report 76/28 thru 76/37 Approved Resolution #3315, Declaring intention to Annex to City Ltg. Dist. (Annex. 76/28 thru 76/37) Adopted Resolution auth. Execution of Agmt. w/Calif. Dept. of Transp. re Planning in 105 Freeway Corridor Taken under submission Resolution Urging State Legislature & Governor of Calif. to effect Increase in State Gasoline Tax for use of Cities & Counties Failed Resolution #3316, Apprvg. Final Subdiv. Map of Tr #32629 (10035 Haledon Ave.) Adopted Resolution #3317, Apprvg. Apptmt. of Mike Huggins to Recreation & Community Services Comm. Adopted PAGE NO. 1 1 1 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 5 6 6 6 Page 1 of '3 COUNCIL MINUTES, JULY 13, 1976 TABLE OF MINUTE ACTIONS SUBJECT: Resolution #3318, Apprvg. Apptmt. of Frank Beckner to Planning Commission Resolution Apprvg. Memo of Understanding w/DCEA for Fiscal Year 1976-77 Resolution Apprvg. Memo of Understanding w/Teamsters Local #911 Resolution #3319, Apprvg. Apptmt. of Mayor Hazel N. Scotto as delegate & Cn. Richard M. Jennings as Alt. Delegate to City Selection Comm. of So. Cal. RTD Resolution revising Management -Supervision Pay Plan for 1976-77 CC #396, Independence Park Chainlink Fence, Block Wall Fence & Retaining Wall - Plans, specs., & grant auth. to advertise CC #388, Well #13, 7800 Telegraph Rd. - Accept imprvmts. & auth. ext. of 35 working days ACTION• Adopted Taken under submission Withdrawn Adopted Held to next meeting Approved Approved Sidewalk Matching Fund #444 at 8303 Birchcrest Rd. Approved Sidewalk Matching Fund #455 at 12166 Julius Ave. Approved DIP #693, 8358 Florence Ave. - Auth. Chptr. 27 for completion of sidewalks & driveway apron & SMF $780 subj. to owner signing 2-yr. agmt. Approved DIP #692, S/s Firestone Bl. bet. Pangborn Ave. & Stewart & Gray Rd. - Auth. Chptr. 27 for completion of curb, gutter, sidewalk & driveway apron & deny SMF Approved City Parking Lot #13, E/o Downey Ave. bet. Second & Third Sts. Taken under submission 7505 Sarabeth (Laura St. Frontage), Vehicle Access - Parkway Improvement - modification Approved Revised Sidewalk Policy Mr. Spindel to draft alternate suggestions Volunteer Service Program - Auth. City Manager to establish program supervised by Personnel Office and: 1) Utilize 2 CETA employees; 2) Negotiate administrative agmt. w/Downey Volunteer Bureau; 3) Provide Workmen's Comp. & Liability Ins. Approved Population Estimate by Councilmanic District Library Reciprocal Borrowing Agmt. w/County Quarterly approp. to Downey Chamber of Comm. for 4/1 - 6/30/76 /J Apptmt. of James T. Quinn to Citizens Health & Environmental Sanitation Comm., Dist. 1 Changes to Fees & Charges for P&R Dept. Services & Facilities effective 9/1/76 City Manager to bring back report Approved Approved Approved Approved Rives School Property Purchase Agmt. - Auth. Mayor to sign & do things necessary to consummate action Approved PAGE NO. 6 7 7 7 7 7 8 8 8 8 8 9 9 9 9 10 10 10 10 10 10 Page 2 of 3 COUNCIL MINUTES, JULY 13, 1976 TABLE OF MINUTE ACTIONS SUBJECT: Request for Mayor to appoint two Council Mbrs. act as committee to review use of Rives School & report back re use of bldg. by all organizations Discussion re Bingo Ordinance Appointments to Boards, Commissions & Committees from outside Council Member's District Discussion on limiting garage sales Comprehensive Zoning Ordinance Proposed membership in U.S. Conference of Mayors Meeting adjourned to 5:00 p.m. 7/27/76 Meeting adjourned in memory of Mrs. Hollis Peavey ACTION: Under advisement No action City Attorney to review No action Mayor to prepare list of available dates for study sessions Held in abeyance WIT80i [W LL 11 11 12 12 12 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 13, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 13, 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 Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Ruth Miller, City Librarian William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Scott Ryan, Grace Baptist Church, followed by the Flag Salute led by Councilman Jennings. With the assistance of Councilman Jennings, Mayor Scotto presented Five, Ten, and Fifteen Year Awards to the following employees: Five Year Awards Arthur Ganal, Parks Louis Hernandez, Public Works Joyce Houston, Finance Ten Year Awards Jerry Davidson, Police Earl Rucker, Fire Fifteen Year Awards Philip Adsit, Community Development Francis Carter, Planning William Lund, Police James Jarrett, Parks Peter Novakoff, Police William Kingston, Parks Gerry Steward, Community Development June Still, Emergency Services Mayor Scotto and Mr. Scott Temple, President of the Sister City Committee, pre- sented Honorary Citizenship Cards to visiting students from Downey's Sister City of Guadalajara. With the assistance of Mrs. Betty Rupp, member of the Health & Environmental Sanitation Committee, Mayor Scotto presented a Property Improvement Award to Mr. Harold Tredway. Mayor Scotto declared that this is the time and place for the public hearing of protests or objections against proposed modification of the work in Assessment District No. 119, Orange Street, Brookshire Avenue to Glynn Avenue. She inquired if the Deputy City Clerk had the Affidavits of Publication, Posting, and Mailing, to which the Deputy City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Affidavits. Mayor Scotto inquired if the Deputy City Clerk had received any written protests or objections, and the Deputy City Clerk replied that a letter protesting the construc- tion of sidewalks in the modification has been received from Mr. and Mrs. Harold Shaw, 8412 Orange Street. Council Minutes 7/13/76 -1- Community Development Director Spindel reported on the modifications of sidewalk construction, driveway aprons, and replacement of approximately 100 feet of tree - damaged curb and gutter. He said the total cost of the proposed changes is estimated at $2600; the City's share of the cost is estimated at $2200; and the balance of $400 is an estimate of the property owner's share of costs for sidewalk adjacent to the property on the southeast corner of Glynn Avenue and Orange Street, which will be added to the assessment for that property. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Engineer's Report. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the proposed modification of work, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. RESOLUTION NO. 3312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CERTAIN MODIFICATIONS OF THE WORK TO BE DONE IN ASSESSMENT DISTRICT NO. 119 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3312. Mayor Scotto declared that this is the time and place for the public hearing on Vacation of corner cut-off at the Northeast Corner of Stewart and Gray Road and Rives Avenue V-120. She inquired if the Deputy City Clerk had the Affidavits of Publication and Posting, to which the Deputy City Clerk responded in the affirmative. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive and file the Affidavits. Community Development Director Spindel explained the corner cut-off is more than the standard cut-off, which is a straight diagonal rather than radius. He said the property owner has requested the City vacate the land between the diagonal and curve return on the property line, however, it has been determined this would be of no practical use to the City so long as an easement is reserved for the drainage pipe underneath. Mayor Scotto inquired if the Deputy City Clerk had received any written corres- pondence, and the Deputy City Clerk replied she had not. Mayor Scotto "inquired if there was anyone present who wished to speak in opposi- tion to the vacation, and there was no response. She inquired if there was anyone present who wished to speak in favor. Mr. and Mrs. Philip Sheridan, 7803 Stewart and Gray Road, viewed a map of the project. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to close the hearing. RESOLUTION NO. 3313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A CORNER CUT-OFF AT THE NORTHEAST CORNER OF RIVES AVENUE AND STEWART & GRAY ROAD The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3313. Removal of Items from Consent Calendar Agenda Items VIII-C-1, S.S. Project #309, Gardendale Street, Lakewood Boulevard to Paramount Boulevard, and VIII-C-2, S.S. Project #308, Slurry Seal, Fiscal Year 1975-76, were removed from the Consent Calendar. Council Minutes 7/13/76 -2- 473 It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes of Regular City Council Meeting of June 14, 1976; Minutes of Adjourned Regular City Council Meetings of June 21, 1976, June 22, 1976 (5:00 o.m.), and Correspondence from Mrs. Evelyn Dack, Downey Meals on Wheels, regarding Budget consideration. Correspondence from Southern California Rapid Transit District regarding Resolution urging Construction of the I-105 Freeway. Correspondence from Richard F. McCurdy regarding Resignation from Recreation & Community Services Commission. Correspondence from City of San Fernando regarding Resolution urging Legislature to Prohibit Sale of Spray Paint Cans to Minors. Correspondence from United States Environmental Protection Agency regarding Resource Recovery Implementation Grant #S-057. Correspondence from City of Pico Rivera regarding Resolution vesting Southeast Area Animal Control Authority with Necessary Police Powers. Denial of Legal Claims: Ref. #280. Richard R. Poulin: Ref. #281. Rex H. Strickl Ref. #282. Jos General Warrants: #145560 - 145999• #202560 - 202623 - $937,581.42. Downey Improvement Project #689, North side of Iowa Street, Dolan Avenue to Brookshire Avenue: Authorize initiation of Chapter 27 proceedings for completion of sidewalk, curb, gutter, and street paving. " Sewer Line in an Easement West of Paramount (toad: Accept dedication and improvements completed. Traffic Signal and Highway Safety Lighting Maintenance Agreement: Approve an agreement with Los Angeles County Road Department. Assessment District #110 Laura Street: Approve the Assignment of Diagram, Warrant and Assessment for property owner portion of costs to Gross & Company, Inc., of Los Angeles. S,S. Project #309, Gardendale Street, Lakewood Boulevard to Paramount Boulevard Councilman Miller noted the agreement says the work will not be done until fiscal year 1977-78, and he questioned whether the City can enter into an agreement contract- ing for an obligation of funds that have not yet been received. City Attorney Sorensen said the agreement can be entered into contingent upon funds being available. He suggested adding the language to paragraph 2, "contingent upon funds being available". Councilman Jennings suggested holding this matter to the next meeting and that the agreement be rewritten. Held to next meeting. S.S. Project #308, Slurry Seal, Fiscal Year 1975-76 Commenting on the Slurry Seal work done on Paramount Boulevard below Seventh Street, Councilman Miller inquired if a new system is being used. Community Development Director Spindel explained the seal should smooth itself out particularly in the hot weather, unless there is a rippled affect in the surface. However, he said this year a heavier layer of seal was used than in the past. Councilman Greene noted that Harper Street still has not smoothed itself out. Mr. Spindel said the street will be swept. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to accept the improvements completed in conjunction with S.S. Project #308, Slurry Seal, Fiscal Year 1975-76. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4223 OF THE DOWNEY MUNICIPAL CODE RELATING TO LICENSE FEES FOR DOGS Council Minutes 7/13/76 -3- The Ordinance was read by title only. Councilman Jennings asked about adopting this as an emergency ordinance. City Attorney Sorensen advised that under Charter Section 514, an ordinance de- claring the amount of money necessary to be raised by taxation for the current year's expenses shall become effective upon adoption, however, it will require two reading;. He said another provision was discussed regarding prorating unpaid License fees for the prior fiscal year, and if the Council is interested in such a provision, he would suggest adding as a last separate sentence and paragraph, "License fees for the fiscal year, if not previously paid, shall be paid at the time of obtaining the License for 1976-77 and shall be prorated in accordance with the terms of this section." Councilman Jennings noted that many people have already paid the penalty, and the ordinance does not allow for proration of the penalty. He suggested the ordinance be brought back to the Council later in the meeting after the City Attorney has added a section prorating the penalties. Finance Director Patton said prorating the fee would automatically prorate the penalty. Councilman Jennings inquired regarding a refund to the people who have already paid the full license fee and penalty for last year. Mr. Patton said if the ordinance is made retroactive, then it would be encumbant upon the City to attempt to contact those people. Councilman Greene commented on the public relations situation at the animal control facility. Action on the ordinance was held to allow the City Attorney to add a section prorating the penalties. RESOLUTION NO. 3314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 76/28 THRU 76/37) 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. 3314. Community Development Director Spindel reported the annual operating cost is $2272.08; the tax rate per $100 assessed valuation for Zone I is 18C and Zone II is 28C. He noted a correction in the Engineer's Report: Zone III should read Zone II. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to adopt the Engineer's Report as written. RESOLUTION NO. 3315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 76/28 THRU 76/37) 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 Jackman, and passed by unanimous vote to adopt Resolution No. 3315. ORDINANCE NO. 511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4223 OF THE DOWNEY MUNICIPAL CODE RELATING TO LICENSE FEES FOR DOGS City Attorney Sorensen advised this ordinance can be adopted on one reading without an emergency clause simply on the necessary raising of money for taxation. Council Minutes 7/13/76 -4- A The Ordinance was read in its entirety. Mr. Sorensen stated the Ordinance provides for proration of the back license and penalty or a refund based upon the proration schedule if a person has already paid the license and penalty for 1975-76. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Ordinance No. 511. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, CONCERNING PLANNING IN THE 105 FREEWAY CORRIDOR 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 Mayor Scotto to take the Resolution under submission. She suggested the Council delay action on this until after a decision has been reached by the State for a four -lane or eight -Lane freeway and then go ahead with the study. She also asked that staff check the proposed schedule of the freeway. City Manager Thompson explained it is important to proceed on this because it will take quite a few months to completely finalize all of the arrangements with the State and the procedures necessary to secure consulting planning help to do the study, and then it will be at least a year before everything is completed. He said it is vital to get this done at the earliest possible time to know what the City's policy and plans would be, and it is his recommendation to proceed as rapidly as possible. Mayor Scotto preferred a report back on this and said if it is going to take years for the freeway to come to Downey it would be a waste of money to do the study at this time. Mr. Thompson commented on the importance of having a plan developed to uncover all of the problems and make recommendations necessary on the freeway. Also, he said, what is desired is a plan of what the land use requirements would be in the area or the changes, alterations, impacts, etc., or a minimization of those impacts that could be brought about by good planning. Discussion followed. Mayor Scotto again asked that this matter be held until at least the next Council meeting and that Council receive a report regarding the scheduling of the freeway for the City of Downey. Councilman Jackman asked if the $40,000 is provided by Caltrans and whether that amount is sufficient for the study. Mr. Thompson replied yes. He pointed out that the kind of planning studies he envisions with this could result in recommendations regarding building construction codes of the City. Mr. Spindel noted the State has approved the agreement. Councilman Jennings suggested getting the agreement signed with the State but not proceeding with the study until the freeway is an actuality, not a possibility. Taken under submission. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE STATE LEGISLATURE AND THE GOVERNOR OF CALIFORNIA TO EFFECT AN INCREASE IN THE STATE GASOLINE TAX FOR USE OF CITIES AND COUNTIES 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 and seconded by Councilman Greene to adopt the Resolution. Councilman Jennings inquired if the Resolution is asking for a permanent 2c a gallon tax increase. Council Minutes 7/13/76 -5- , 547G Community Development Director Spindel replied yes. He said in the City's budget just adopted, the estimated amount of General Fund money for maintenance and operation of streets is $670,000, and the City has been notified by the County that next year it probably will not receive its Aid to Cities money for street maintenance. Mr. Spindel stated it is calculated that the 2C increase would bring the City of Downey an addi- tional $665,000, and the League of California Cities, County Supervisors Association, and the 505 Commission have all recommended the increase. During discussion, Mr. Spindel commented on the continual maintenance and operation of the City's streets and said surveys are made throughout the City each year to determine which streets need maintenance the most. He stated this would be a stop -gap measure to provide funds not only for the City of Downey but for all cities - and counties in the State. He urged adoption of the Resolution. AYES- 2 Council Members: Greene, Miller NOES: 3 Council Members: Jennings, Jackman, Scotto Failed. RESOLUTION NO. 3316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32629 (10035 HALEDON AVENUE) 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. 3316. Mayor Scotto declared a recess at 9:11 p.m. The meeting resumed at 9:22 p.m. with all Council Members present. RESOLUTION NO. 3317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIKE HUGGINS AS A MEMBER OF THE RECREATION AND COMMUNITY SERVICES COMMISSION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3317. Councilman Jennings stated he feels strongly that each Council Member does a thorough examination before appointing a member to a board or commission, and for the purpose of unanimity, he feels strongly that each Council Member's recommendation should be accepted by the balance of the Council. Further, he said, he feels that each Council Member has the responsibility to select good people who will serve well, and no one can determine how a person will serve until he has been given that opportunity. Mayor Scotto concurred that a Council Member should have the opportunity to appoint whomever he chooses, but she also feels resumes of each appointee should be submitted ahead of time for the Council's review. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto RESOLUTION NO. 3318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF FRANK BECKNER AS A MEMBER OF THE PLANNING COMMISSION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3318. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto Council Minutes 7/13/76 -6- y 77 � �1 S � O RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY CITY EMPLOYEES' ASSOCIATION FOR THE FISCAL YEAR 1976-77 The Resolution was read by title only. City Manager Thompson requested the resolutions approving the Memorandums with the Downey City Employees' Association and Downey Firemen's Association be brought back to Council on July 27th, and he complimented both associations and their representa- tives for the manner in which they conducted negotiations. Referring to the Memorandum of Understanding with DCEA, Councilman Jennings questioned setting a dollar amount for dental and optical plan. Mr. Thompson replied the amount set is the amount the City will pay for a medical plan and it has been provided that an employee may choose an optical and dental plan by paying for it himself. He noted the amount listed is the limit the City would pay for medical, including dental and optical. Councilman Jennings said Item III should state what constitutes night work for the 5� differential. The Council discussed scheduling a meeting to consider the Memorandums of Under- standing with employees' associations, with the possibility of holding an executive session. City Attorney Sorensen explained the Council may hold an executive session for the purpose of directing its negotiating team as to the basis upon which it is entitled to negotiate, but if the purpose is to discuss sections of the resolutions, then that should be done in open meeting. Mr. Thompson said if the City Council holds an adjourned meeting it can take up any of the agreements that come before it. The Council agreed to adjourn this meeting to 5:00 p.m., July 27, 1976. Mr. Thompson noted the Resolution approving the Memorandum of Understanding with Teamsters Local #911 has been withdrawn. RESOLUTION NO. 3319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MAYOR HAZEL N. SCOTTO AS DELEGATE AND COUNCILMAN RICHARD M. JENNINGS AS ALTERNATE DELEGATE TO THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT 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 Jackman, and passed by unanimous vote to adopt Resolution No. 3319. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING MANAGEMENT -SUPERVISION PAY PLAN FOR 1976-77 The Resolution was read by title only. Held to next meeting. t #396, Independence Park C', A discussion was held regarding the proposed height of the fence. Parks & Recreation Director Neavill explained all of the residents involved have been contacted. It was moved by Councilman Jennings to approve plans and specifications and grant authority to advertise for bids on Cash Contract #396, Independence Park Chainlink Fence, Block Wall Fence, and Retaining Wall. Council Minutes 7/13/76 -7- ,- 73 Responding to questions, Mr. Neavill said in the development of the plans and specifications 44 feet of fence was eliminated from the original drawing. He commented on the cost per lineal foot of chainlink fence and block wall. Councilman Jennings left the meeting at 9:50 p.m. The motion to approve was seconded by Councilman Greene and passed by the follow- ing vote. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto ABSENT: 1 Council Member: Jennings Councilman Jennings returned to the meeting at 9:52 p.m. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to accept the improvements constructed on Cash Contract #388 Well No. 13, 7800 Telegraph Road, and authorize an extension of 35 working days. It was moved by Councilman Jennings to approve Sidewalk Matching Fund #444 in the amount of $702 at 8303 Birchcrest Road. Responding to questions, Community Development Director Spindel explained the City°s policy changed between the time the original agreement was signed and the pre- sent. He said it is felt the property owner is entitled to matching funds because that was the policy at the time the agreement was signed. Mr. Spindel noted the property owner has taken advantage of his zone exception and now wants to build the sidewalk. The motion to approve was seconded by Councilman Jackman and passed by the follow- ing vote. Councilman Miller suggested the money could be better used on Priority I streets AYES: 3 Council Members: Jennings, Jackman, Scotto NOES: 2 Council Members: Greene, Miller It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to approve Sidewalk Matching Fund #455, in the amount of $893 at 12166 Julius Avenue. AYES: 4 Council Members: Greene, Jennings, Jackman, Scotto NOES: 1 Council Member: Miller It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to authorize the initiation of Chapter 27 proceedings for completion of sidewalks and driveway apron on Downey Improvement Project No. 693, 8358 Florence Avenue, and approve Sidewalk Matching Funds in the amount of $780 subject to the owner signing a two-year agreement. Councilman Jennings said this is not owner -occupied --it is a rental. Community Development Director Spindel noted this is a Priority I street, and as the policy exists, matching funds are granted on Priority I streets as long as the property owner signs a two-year agreement providing for reimbursement to the City of its matching fund should the property be developed within the two years. Councilman Greene pointed out that the property is being sold and is in escrow. He said he will abstain from voting because a friend sold the property. Mr. Spindel stated if the agreement is signed and recorded, it goes with the property. Councilman Miller questioned whether the new owner would be aware of this. City Attorney Sorensen stated the City should check on the escrow. AYES: 4 Council Members: Jennings, Miller, Jackman, Scotto ABSTAIN: 1 Council Member: Greene It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to authorize the initiation of Chapter 27 proceedings for the completion of curb, gutter, sidewalk and driveway apron on Downey Improvement Project No. 692, South side of Firestone Boulevard between Pangborn Avenue and Stewart & Gray Road, and deny Sidewalk Matching Funds. Council Minutes 7/13/76 -8- r 5,179 Councilman Jennings asked if the property owner at 9510 Firestone Boulevard, whose matching funds were approved March 23rd, signed the two-year agreement. Mr. Spindel said he will check on this. City Parking Lot No.'13, East of Downey Avenue between Second and Third Streets Mr. Spindel reported on the costs for taxes, utilities, and estimated maintenance of parcels 5 and 6. Councilman Jennings said he feels strongly that if the City is going to provide parking for businesses in that area, the businesses should help support it. City Manager Thompson reviewed the decision of prior Council to retain the pro- perty as a parking lot but noted it has never been a commitment on the part of the City to purchase the Lot. Mr. Spindel pointed out that some of the assessment district lots permit parking and some do not --the City owned lots have permit parking. He said he will provide the new Council Members with studies that have been made on this matter. Taken under submission. Mr. Thompson indicated he will advise the Baptist Church that this is being studied by the Council. 7505 Sarabeth (Laura Street Frontage), Vehicle Access - Parkway Improvement For clarification, Councilman Jennings asked if this is for the length of the pro- perty owner's lot. Mr. Spindel replied yes. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve a modification of parkway improvements at 7505 Sarabeth (Laura Street frontage) Vehicle Access. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to approve Sidewalk Matching Fund #456 in the amount of $105.96 at 8338 Fontana Street. AYES: 3 Council Members: Jennings, Jackman, Scotto NOES: 2 Council Members: Greene, Miller Councilman Jennings suggested the Council make a decision regarding a sidewalk policy so that staff will know what to expect from the Council. Councilman Miller said he thinks the City should concentrate on Priority I streets. Mr. Spindel will draft alternate suggestions for a revised policy. Volunteer Service Program City Manager Thompson indicated the City Attorney has advised that if this is approved, it should include a provision to cover those people involved under Workmen's Compensation and the Liability Insurance policy. He pointed out he has not envisioned that this program would involve the purchase of new equipment. It was moved by Councilman Jennings to authorize the City Manager to establish a City Volunteer Service Program supervised by the Personnel Office and to: 1) Utilize two CETA employees as Volunteer Service Administrator and Volunteer Service Analyst; 2) Negotiate on administrative agreement with the Downey Volunteer Bureau to promote the program in return for in -kind services by the Administrator and Analyst; and 3) Provide Workmen's Compensation and Liability Insurance. Councilman Jennings suggested the Council receive a monthly update on how many people are in the program and what they are doing. Mr. Thompson said it would involve two CETA employees and a certain amount of staff time. Councilman Jackman indicated there should be some method to evaluate the value of the program. The motion to approve was seconded by Councilman Jackman and passed by the follow- ing vote. Council Minutes 7/13/76 -9- Mayor Scotto mentioned she has purchased a tape of the U. S. Conference of Mayors' Workshop on Volunteers, which is available for anyone interested in Listening to it. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Population Estimate by Councilmanic District Mr. Thompson reviewed the prior recommendation that based under the Charter, the City Council should appoint a committee to come back with recommendations as to the realighments necessary to effectuate population equalities in the districts. Mayor Scotto suggested a committee comprised of one person from the Recreation & Community Services Commission, Water Board, Library Board, Personnel Advisory Board, Chamber of Commerce, League of Women Voters, and the City Manager. Mr. Thompson indicated the districts should probably be close to the Congressional District parameters. Councilman Jackman stated he thinks staff would be the most qualified to bring back recommendations on how the Councilmanic Districts can be divided. City Attorney Sorensen suggested the Council might appoint the City Manager to prepare a staff committee for a report to the City Council. A discussion was held regarding the study conducted to determine the household sizes used in the survey. The City Manager will bring back a report to the Council. Library Reciprocal Borrowing Agreement with the County of Los Angeles City Librarian Miller responded to questions regarding use of the Library facility to residents outside the City. She said with this agreement, Downey residents will be able to use any County Library without having to pay the non-resident fee. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve the Library Reciprocal Borrowing Agreement with the County of Los Angeles. k It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to approve the Quarterly Appropriation to the Downey Chamber of Commerce for the period April 1 - June 30, 1976. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve the Appointment of Mr. James T. Quinn to the Citizens Health and Environmental Sanitation Committee for District One. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to adopt Staff and Recreation & Community Services Commission recommenda- tions regarding Changes to Fees and Charges for Parks & Recreation Department Services and Facilities and authorize the Department to change the revised rates effective September 1, 1976. CITY MANAGER'S REPORT Rives School Property Purchase Agreement City Manager Thompson reported the Rives School Agreement has been revised, and the Council now has the copy approved by the School Board. He said staff has reviewed the agreement and has no objection. He recommended favorable consideration by the City Council. Councilman Jennings stated he disagrees with sections of the agreement pertaining to specified source of funds to be used and reservation by the seller of oil and gas rights. He said the School Board should furnish the title policy at its cost. Discussion ensued. Councilman Miller indicated he would like to see the City shop for an escrow company and a better rate. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by the following vote to authorize the Mayor to sign the Rives School Property Purchase Agreement and to do all things necessary to consummate the action. AYES: 4 Council Members: Greene, Jennings, Miller, Scotto NOES: 1 Council Member: Jackman Council Minutes 7/13/76 -10- Councilman Jennings requested Mayor Scotto appoint two Councilmen to act as a committee indefinitely to review use of Rives School and report back so the Council is assured all of the organizations have an opportunity to use the building. Mayor Scotto said she will take it under advisement. ORAL COMMUNICATIONS Councilman Jennings inquired regarding the Council°s opinion to draft a Bingo Ordinance. City Attorney Sorensen advised it is a policy question as to whether the Council - wants it, and the initiative adopted in the last election provides a City may adopt an ordinance allowing bingo to charitable organizations providing the money goes for certain uses. Councilman Greene said he does not want a bingo ordinance. Police Chief Morgan said he is opposed to setting up a bingo ordinance primarily because the law is worded very Loosely. Councilman Jackman indicated he would be against bingo. Councilman Jennings requested the Council Members to advise by memo regarding their opinion of Appointments to Boards, Commissions, and Committees from outside a Council Member°s District. In reviewing the Charter provision for appointment of Planning Commissioners, City Attorney Sorensen said a member shall be appointed from each of the five Councilmanic districts. He will review this matter. Councilman Greene commented on limiting garage sales in the City and suggested the Council might want to investigate this to see if more restrictions should be placed. Councilman Jennings mentioned he was the originator of an ordinance a few years ago which was not adopted by the City Council because it prohibited groups from having sales and also prohibited the pooling of goods for sale. City Manager Thompson advised there is a provision in the proposed Comprehensive Zoning Ordinance that includes garage sales. Councilman Greene called for Council action on the Comprehensive Zoning Ordinance, Councilman Jennings indicated he would be willing to meet three nights a week to accomplish what is necessary to have the public hearings and adopt the ordinance. Mr. Thompson said if there is a difference of opinion among the Council regarding the ordinance, then there would be some advantage to having a study session prior to any public hearing. Councilmen Jackman and Miller agreed they would prefer to hold study sessions prior to any public hearing. City Attorney Sorensen suggested if the Council is going to have study sessions before the hearing, that they simply be study sessions. He said although people can be present, there should not be any public participation until the public hearing. Mr. Thompson said he will develop an agenda on portions of the ordinance to be covered by the City Council. Councilman Jennings stated he has made a notation of his questions on the zoning ordinance, which he has submitted to the City Planner for review, and he suggested the other Council Members do the same so the City Planner will be prepared to answer any questions. Councilman Greene said the Downey Chamber of Commerce has also made a list. Mayor Scotto will prepare a memo to the City Council listing available dates for study sessions on the Zoning Ordinance. Commenting on use of the City Hall Patio area by City Organizations, Mayor Scotto asked that there be some publicity on this advising organizations it is available, Mr. Thompson said the schedule for the patio area is handled through his office. Council Minutes 7/13/76 -11- Mayor Scotto discussed her attendance at the U.S. Conference of Mayors and noted the City of Downey is not a member, although the Mayor attends every year. She indi- cated a lot has been gained from the conference and said she would Like to see the City become a member. The membership fee is $900. Councilman Jennings mentioned Revenue Sharing was one of the advantages received from the U.S. Conference of Mayors because it was a group of Mayors from large cities that as a group went back to Washington, and through their efforts, Revenue Sharing was passed; also, the same occured for Community Development Funds. Discussion followed. Mr. Thompson commented that the National League of Cities and U.S. Conference of Mayors provide similar service, although they address themselves to different issues. Councilman Greene stated if the City can still attend without being a member, then in his opinion it is not worth $900 to join. Councilman Miller said if the City is going to receive benefits then it should bear the cost of those benefits; if the City is going to attend the conference, then it should be a member. Councilman Jackman called for an evaluation of the organizations the City belongs to and the value received. Held in abeyance. Mr. Robert Wartenbe, 8452 Luxor Street, reported on the status of the Area "E" RACES Program, which he said has now been implemented and is a disaster communications program. There being no further business to come before the City Council, the meeting was adjourned at 11:25 p.m. to 5:00 p.m., July 27, 1976, in the Council Chambers of the Downey City Hall, and in memory of Mrs. Hollis Peavey, wife of the former Mayor and City Councilman. Mrs. Peavey passed away June 28, 1976. Je nn Caok., Deputy City Clerk -Treasurer Haze�tto, Mayor Council Minutes 7/13/76 -12-