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HomeMy WebLinkAboutMinutes-09-14-76-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 14, 1976 The City Council of the City. of Downey held an adjourned regular meeting at 5:00 p.m., September 14, 1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding. PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development William A. Coggin, City Planner Robert L. Shand, City Clerk -Treasurer Mayor Scotto announced the adjourned meeting is being held to continue the study on the Comprehensive Zoning Ordinance and any other business anyone would desire to bring before the City Council. City Planner Goggin reviewed the section on political signs. A discussion was held regarding political signs on real property. Mr. Bruce Watson, 9220 Stewart and Gray Road, requested an opportunity to address the City Council. He was asked to present his information in writing, inasmuch as this is a study session, or bring his comments to the public hearing. Commenting on political signs, Mayor Scotto indicated she would prefer the signs be limited to one sign per candidate per issue. Councilman Miller questioned inserting provisions of the State Code concerning printing of political signs. A discussion was held regarding requiring deposits for posting political signs and enforcing violations. Councilman Miller called for a policy to either permit or not permit citizens to speak at study sessions. Mr.. Bruce Watson spoke regarding political signs posted on telephone poles and a court's ruling that unless it could be determined who posted the signs the candidate could not be forced to pay for the removal of the signs. Mr. Spindel pointed out that the ordinance would give the City the right to remove signs in the public right-of-way. Councilman Miller stated signs should be identified as to State Code and City Ordinance and the City would be responsible for enforcing the Code. Mayor Scotto declared a recess at 5:30 p.m. The meeting resumed at 5:50 p.m. with all Council Members present. Mayor Scotto inquired if the Council would like to set a policy on study sessons at this time. Councilman Jennings stated conducting open study sessions is the result of the Brown Act, but he does not feel that means the Council has to allow conversation from citizens. Councilman Miller said a policy should be established and adhered to so that everyone is treated equitably. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote that the Council not accept input from the public at study sessions. Council Minutes 9/14/76 (adjourned) -1- ?0 Mayor Scotto pointed out there might be sometime when the Council would want to hear from someone during a study session. Councilman Jennings 'said this would not prohibit the Council from asking people to speak. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Mr. Goggin continued with Section 9146.12, Review and Approval of Sign Applica- tions. He said upon review and decision by the Design Review Board an applicant would have the opportunity to appeal that decision to the Planning Commission. Discussion was held regarding Section 9146.14, Standards for Permitted Signs. Mr. Goggin responded to questions regarding appeal of the Design Review Board's decision. He said the Planning Commission has expertise in zoning matters, and the Review Board has specialized skills in design. He explained the site requirements for free standing signs. Councilman Jennings stated some of the provisions for permitted signs are too restrictive and interfere with free enterprise. Mr. Goggin cited the varying provisions for businesses having different size frontages. He noted a change on Page 263, Sub -section 9(a), Line 18. Mr. Goggin then reviewed Sections 9146.16, Standards Applicable to Certain Uses, and 9146.22, Sign Standards by Zone --Types, Area and Setbacks. A discussion was held regarding apartment house signs. Mr. Goggin pointed out the signs permitted vary from zone to zone and asked the Council to review this section and note any questions. Speaking to Section 9146.24, Outdoor Advertising --Billboards, Mr. Goggin said billboards have limited to certain zones and include requirements for square footage, type of buildings, landscaping, et cetera. Mr. Goggin noted that as recommended by the City Attorney, Section 9146.26, Enforcement and Amortization of Signs, Sub -section (2), Page "t", will be retyped. During a review of Section 9148.06 (2), Number of Parking Spaces Required for Multiple Family Dwellings, Apartments, Councilman Jennings said he favors two covered spaces per unit and suggested the ordinance be changed to include this. A discussion was held regarding Section 9148.06, Parking Spaces Required. The Council set 5:00 p.m., September 21, 1976, in the Council Chambers of the Downey City Hall, as the time and place for a study session on the 1976-77 Municipal Budget and Comprehensive Zoning Ordinance. At 7:00 p.m. Mayor Scotto recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 7:25 p.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 7:25 p.m. Robert L. Shand, Ci-ty Clerk -Treasurer Haz N. Scotto, Mayor Council Minutes 9/14/76 (adjourned) -2- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 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. DIP #692, S/s Firestone Blvd. bet. Pangborn & Stewart & Gray: Auth. Dept. Comm. Dev, to proceed w/const. Approved 1 DIP #693, 8358 Florence Ave.: Auth. Dept. of Comm. Dev. to proceed w/const. & hold for 90 days Approved 2 — Laura St. & other streets (Assmt. Dist. #110) Taken under submission for report from staff; hold to next meeting 3 Application for permit to operate vehicles for hire (Applicant, Robt. W. Davis, Pres., SE Checker Cab Co., Inc.) Approved 3 Memorandum of Understanding, Downey Police Officers Assn. Taken under submission 6 Civic Center Development: Accept report of committee & minority report & request committee await further instruction Approved 7 Library building, number one priority Approved 8 Public Safety Facility Building as number two priority Approved 8 Civic Center Development: Forward to Planning Comm. Plan 2 (B) for holding hearing Approved 8 Removal of Items from Consent Calendar 8 Corres. from SCRTD req. Council position on RTD's Hold -the -Line Position in Strike Situation Mayor to write letter in support 8 Minutes: Adj. Reg. Mtgs. 8/17/76, 8/18/76, 8/24/76; Reg. Mtg. 8/24/76 Approved 8 Agenda Correspondence Items Filed 8 Denial of Legal Claims: Ref. #286, 288, 289 Approved 9 General Warrants: #146760-147153; #202744-202807 Approved 9 Corrective Deed A4011: Auth. recordation to correct error in previous, legal�descrip_tion Approved 9 Correspondence from Louis R. Adkins re Zoning for Property at 7927-7941' Imperial To be placed on next agenda 9 Granting of Access Rights Vacated - Brookshire Avenue at 8431 Devenir Ave. A4288: -- Authorize w/provision that driveway & approaches be removed & new curb & gutter installed Approved 9 Ordinance Amending DMC re Wild or Vicious Animals Introduced with changes 9 Resolution #3335, Req. Allocation of County Aid to Cities Funds for Maint. of Select System Streets Adopted 9 Resolution reclassifying Water Foreman as Assistant Water Superintendent at no Change in Salary No action 10 Page 1 of 2 COUNCIL MINUTES SEPTEMBER 14, 1976 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Certify sly. 8' Lot 40, Tr #18301 as excess property & auth. sale to owners of neighboring property Approved 10 Corrective Construction for drainage problem at intersection of Glencliff & Dos Rios Approved 10 Sidewalk Policy Received & filed 10 Sidewalk Matching Funds, M.F. #463,464 Approved 10 Paveout at 7539 Firestone Bl., Conditional Use Permit #71, w/City forces, w/material charged to Paveout & Sidewalk Matching Fund Acct. #71-15007. Authorised 10 Auth. City Manager to prepare preliminary plans & submit appl. for various public works projects under Public Works Employment Act 1976 w/addition of Rives School & Bank of America bldg. remodeling Approved 10 Direct City Clerk to issue Notification of Hearing prior to Resolution of Necessity to condemn real property 8413 Firestone B1. A4212 & set hearing for 10/12/76 Approved 10 Long Beach City Council comments on SCRTD Starter -Line Alternatives Analysis - Auth. Mayor to prepare letter responding to two agencies Approved 10 Release of Funds to Reorganize Downey City Youth Band ($7,218) - Recommendation of staff & Rec. & Comm. Services Comm. to release funds carried over from 1975-76 to newly organized band Approved 11 Transfer Funds from Park Development Fund to Capital Improvement Fund for electrical work performed at Downey Art Museum Approved 11 Appointments to non-profit corporation board of directors re Acquisition of Park Water Company & So. Calif. Water Company Approved 11 Writ, of Mandate suit, Downey Police Officers Assn., POST Education Pay: Instruct City Attorney to proceed with adequate defense Approved 11 Request for implementation of skateboard ordinance 11 Cn. Greene req. change in voting rotation order on City Council roll call 11 Adjournment to 5:00 p.m., 9/21/76 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 14, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 14, 1976, in the Council Chambers of the Downey City Hall, Mayor Hazel N. Scotto presiding. The meeting was then recessed to be resumed in the Downey Theatre. PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor 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 William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Bishop Percival Henkelman, Moravian Church of Downey, followed by the Flag Salute led by Councilman Jackman. Mayor Scotto declared that this is the time and place for the public hearing on Downey Improvement Project No. 692, South side of Firestone Boulevard between Pangborn Avenue and Stewart and Gray Road. She inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Affidavit. Mayor Scotto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported this project is for the construc- tion of sidewalk, curb, gutter, and driveway aprons. He said both property owners have been contacted and given the formal 60-day notice, however, no funds have yet been deposited. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 692. Mayor Scotto declared that this is the time and place for the public hearing on Downey Improvement Project No. 693, 8358 Florence Avenue. She inquired if the City Clerk - had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mayor Scotto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported this is for the construction of sidewalk and driveway apron, however, the property has been placed in escrow. He noted there is a zone exception on the property, and if the zone exception is taken advantage of, matching funds for sidewalks would no longer apply. Mr. Spindel explained the developer has requested a 90-day extension to complete the work, and it is recommended Council Minutes 9/14/76 -1- the extension be granted contingent upon right-of-way being cleared to provide for pedestrians. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive the Engineer's Report. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 693, with the exception that it be held for 90 days. Mayor Scotto declared that this is the time and place for the public hearing of protests or objections against the improvement of Laura Street and other streets (Assessment District No. 110). She inquired if the City Clerk had the Affidavits of Publication, Posting, and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Mayor Scotto, and so ordered to receive and file the Affidavits. Mayor Scotto inquired if the City Clerk had received any written protests or objections. City Clerk Shand stated a letter has been received from Mr. Ralph Mundia, 7508 Laura Street, protesting the driveway and visibility from the driveway. Community Development Director Spindel reported the total cost of the project is $46,102.29; the total property owners' contribution is $11,415.56, which is below the original estimate; and the City's contribution is $34,686.74, including contribution of money deposited by the property owner of the adjacent tract, No. 24092, in the amount of $3815 and extra work done at the request of the adjacent property owner in the amount of $183.60. He noted the complete assessment diagram and roll have been filed in the office of the City Clerk showing distribution of assessments among the various properties. 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 improvement. Mr. Ralph Mundia addressed the City Council and said he is speaking in protest to the assessment district and not in response to his letter. He complained that his driveway is pieced together, is too steep, and he cannot see the sidewalk or pedestrians when exiting his driveway because of the fence at the property line which obstructs his view. Mayor Scotto asked if the work meets the plans and specifications. Mr. Spindel replied yes. City Engineer Henriksen explained two assumptions were made in the design: One was that the vehicles could negotiate the standard driveway approach; the second was that the City adhered to the wishes of Mr. Mundia to join the existing driveway at the property line. He said the driveway met with the property line, and in so doing raised the grading approximately one inch, which created a slightly steeper slope in the side- walk portion but did not increase the slope in the driveway approach. Therefore, Mr. Henriksen stated, it is felt any standard automobile or camper can readily negotiate this driveway approach. Mr. Mundia indicated his camper does scrape when exiting the driveway and that he would be willing to pay for the work at his own expense to have it done right. Councilman Jennings advised he has driven his vehicle in and out of the driveway under discussion, and he agrees the fence should be changed. He said it is his opinion the City should acquire the necessary right-of-way, tear down the corner of the fence, and construct a seven -foot cut-off. Councilman Jennings mentioned he had no trouble entering or exiting the driveway with his vehicle. Mr. Spindel explained the fence is not part of the assessment district; it is a fence constructed by the subdivider at the rear property line of the subdivision south of Laura Street in accordance with requirements of the subdivision. He pointed out Council Minutes 9/14/76 -2- A 3 that confirmation of the assessments would have no bearing on action the Council might wish to take later regarding the fence. Discussion followed. Councilman Jennings asked if the driveway is according to code. Mr. Henriksen replied yes. It was moved by Councilman Jennings to close the public hearing. Councilman Miller indicated he would like to take the matter under submission so that he can view the property. Motion died for lack of a second. Mayor Scotto stated she had been advised by the City Attorney that the public hearing should be left open if the Council desires to take this matter under submission. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by unanimous vote to take this matter under submission until the next regular City Council meeting of September 28th. Councilman Jennings stated he cannot conceive how the fence was built along the property line and sidewalk because it is six feet high. He said he believes it is the City's responsibility to correct it. It was moved by Councilman Jennings.and seconded by Councilman Jackman that the City acquire whatever right-of-way is necessary from the property, tear down the fence, and rebuild it with a seven -foot cut-off at the corner. Mayor Scotto indicated she would prefer to wait for a report from staff and also allow the Council to look at the driveway and fence. It was moved by Mayor Scotto, seconded by Councilman Greene, and passed by the following vote to make a substitute motion to take this matter under submission until the Council receives a report from staff and hold for the next Council meeting. AYES: 3 Council Members: Greene, Miller, Scotto NOES: 2 Council Members: Jennings, Jackman Mayor Scotto declared that this is the time and place for the public hearing on an Application for a Permit to Operate Vehicles for Hite (Applicant Robert W. Davis, President of Southeast Checker Cab Company Inc.). She inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to receive and file the Affidavit. Mayor Scotto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. City Manager Thompson explained Southeast Taxi Company has decided to sell its business to a long-term exployee, and as a rqsult of this exchange of ownership, the company will be renamed "Southeast Checker Cab Company, Inc. He said this has been investigated by various departments of the City, and all matters with reference to ordinance requirements have been cleared, as well as appropriate fees and insurance. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the application, and there was no response. It was moved by Councilman Greene, seconded by Councilman Miller, and passed by unanimous vote to close the hearing. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to approve the Application for Permit. Mayor Scotto announced at this time the Council will hear Agenda Item XI-B-1, Memorandum of Understanding, Downey Police Officers Association. Mr. Edward Faunce, Attorney for Downey Police Officers Association, said an impasse has been reached in the meeting and conferring process between the Association and the City Manager because the City does not have an official guideline for salary -setting purposes. He reviewed the benefits established at the time of the Police Department's inception and pointed out at that time the pay scale was considerably higher than surrounding cities. He noted the leaflets being distributed by members of the Council Minutes 9/14/76 -3- Association indicate the City of Downey surrounded by various other communities is underpaid by a considerable amount. Mr. Faunce commented on the City Manager's compari- son of ten cities which he said do not border on the City of Downey, and based upon that survey, the Association has prepared information to show it ranks considerably below the average with regard to salaries and other compensation matters and yet ranks considerably higher in productivity. Sgt. Dennis Chelstrom narrated a slide presentation of comparative data selected from the following cities: Inglewood, Burbank, Costa Mesa, Pomona, Compton, Pasadena, Orange, Fullerton, Santa Monica, and Garden Grove. Officer Mike Hadley, President of the Downey Police Officers Association, explained it was found during the survey that Downey is 35 men short of the average. He stated the Downey Police Officers want to be in the average of the top three cities in salary, and he reviewed the Association's proposal submitted to the City Council, a copy of which is on file in the office of the City Clerk. Mayor Scotto inquired about the comparison showing the Downey Police Department 35 men short of the average and whether Downey has a different way of using its personnel. Sgt. Chelstrom replied the Police Departments in the survey operate the same as Downey, possibly with the exception of the Identification Technicians, where in Downey they are sworn personnel, while in other cities they are civilians. Councilman Jennings asked about the hours of overtime other than court time. Officer Hadley explained when the department went to the 4-10 plan, the overtime figure was cut down because of the location of the vehicles. Mr. Faunce said one of the suggestions of himself and the Association is that the Council avail itself of the free services of the State Conciliation and Mediation Service to conduct whatever final negotiations might be necessary between the City Council and the Association. He said the time for meeting and conferring with the City Manager is passed and no agreement has been reached. Mr. Faunce pointed out that after meeting and listening to the Police Officers, there is a serious moral problem and stated the time has come to begin utilizing other cities or other guidelines in setting salaries for Downey Police Officers. In conclusion, he indicated that in the performance of the Downey Police, they were the first Police Department in the State to obtain 100 percent certification under the POST Certification Program. Speaking to the suggestion that the Council avail itself of the services of the State Conciliation and Mediation Service, City Attorney Sorensen advised this is a matter of policy --the Council has the legal authority to do it. However, he said, it would be up to the Council as to how to approach this matter. Mayor Scotto stated the Council might want answers to some of the items provided. Shesaid she would like to take this matter under submission, and it would be her suggestion to the Council. Councilman Jennings disagreed with taking this matter under submission. He said the Council should hear those people who wish to be heard and then make a decision this evening. Councilman Miller indicated he would not be adverse to taking this matter under submission and feels the Council should extend to Mr. Thompson the privilege of making a few remarks. Councilman Jackman concurred. City Manager Thompson commented that the negotiations this year did begin in the spring, there have been numerous meetings to attempt to arrive at a decision, and he believes those negotiations were made in good faith on both sides. He said for the past seven years the City has been negotiating on a basis of comparison with ten comparable cities of a population range of approximately 20,000 to 25,000 of the City of Downey within the geographical area, and the cities are selected on the basis of being full -service cities, not contract cities. Mr. Thompson pointed out the ten cities have been a basis of negotiation for a good number of years; that although the list of cities has changed in the past by mutual agreement, it was not until this year that the Association proposed the list of cities be changed, selecting only the three highest in Los Angeles County, which was not agreed to. Clarifying productivity, Mr. Thompson stated the studies were made on productivity, and the figures show conclusively there is, a high rate of productivity on the part of the Downey Police Department, but the figures are directly proportional to the number of men in the field during peak hours, which was proved by the factfinding, He pointed out there was no correlation between productivity and pay, and some of the highest -paid Police Departments were not necessarily the highest producers. Of the material presented showing the surrounding Council Minutes 9/14/76 -4- cities, Mr. Thompson noted excluding South Gate and Bell Gardens, the other cities are all served by the County under contract, and the salaries shown were paid by the County. He said the City of Downey has never been able to compete favorably on the pay scale of the County or City of Los Angeles on any City employment. Mr. Thompson mentioned he has not had an opportunity to analyze the two-year proposal presented this evening, however, the figures on the basis of the last presentation made by the Association at the bargaining table would have amounted to approximately $370,000, and his last offer presented to the Association did include an increase or improvement over his previous offer. Mayor Scotto opened the meeting to citizen input. A gentleman from the audience (name inaudible) spoke in favor of the Association's proposal. Mr. George Johnson said the Police Officers' demands should be met so that Downey can have a safe city. Mr. Bill Judd, 8733 Mory Street, made a motion that the Council accept the proposal to negotiate with the Association. Ms. Pat Alberson, 7964 Adoree, questioned the City's appropriation for tennis courts when the Police have not received salary increases. Mr. Roy Frey, 9351 Farm Street, said there is a limit to what the City can spend without increasing taxes, and he is behind the Council to treat City groups fairly. A lady from the audience (no name given) stated the Downey Police Department is at the top of the scale and their pay should be comparable to that. Mr. Ernest McCallum, 9711 Savage Avenue, said he is not in favor of County services, and Downey has the finest Police Department in the country. Mr. Eugene Cordella, 7333 Dinsdale, commented on the Police Department's quick response to calls and said he favors the proposal. Mr. Tony Dusich, 7342 Coolgrove, urged the Council to take action to give increases to the Police and Fire Departments and favored a tax increase to accomplish this. Mr. Wendell Wiser, 10921 Paramount Boulevard, said he is in favor of the Police having a raise and other benefits, providing the other employees receive the same. Mr. Emil (last name inaudible) favored the Association's proposal. Ms. Dorothy Richard, 9205 Tweedy Lane, asked if the City Manager obtained legal advice during the negotiations and whether any studies were made regarding the costs to the City for overtime paid to the Police Officers. Mr. Thompson replied that he obtains whatever legal advice is necessary on any project or negotiation, and the costing of overtime has been costed out. Mr. Dick Carter, 11427 Norlain, spoke in favor of top pay for the Police Department and said they deserve that incentive. Mr. James Doran, 9846 Birchdale, stated he feels the Police Department deserves the raises asked for and it should be given top priority. Ms. Louise Peck, 9404 Lexington Road, said Downey's Police Officers have treated the citizens fairly and give good service. She feels their demands are fair. Mr. Charles Acuff, 7860 Lyndora, noted that if the Downey Police Officers are operating with fewer officers and a higher rate of efficiency, then they deserve more pay and more benefits. Ms. Sherry Patterson, 8314� Luxor, favored using money designated for another purpose if the City does not have sufficient funds for the Police Officers' increases. Mr. Jack Williams, 9647 Haledon, went on record as saying, "the officers deserve every nickel they are asking for because it is cheap insurance". Mr. Gano Culwell, 8432 Luxor, said he thinks the Police Department is deserving of any reasonable pay or pay increase that can be justified based on the City's financial capacity. Mr. Paul Whittaker, 7802 Danvers Street, suggested that if a conclusion cannot be reached on this matter the Council should solicit the assistance of a mediator. Council Minutes 9/14/76 -5- 47506 Mr. Manicone, 10400 Gaybrook, said the presence of white police cars in the City is a deterrent to crime, and the Police response time to calls is only a matter of minutes. He asked the Council to take into consideration whatever is necessary in order for the Police Department to maintain the personal pride it has. Mr. Jack Snow, 7628 E. Second Street, spoke regarding the advantage of paying top salary in order to keep top key personnel. Mr. John Young, 12724 Downey Avenue, said to the Downey Police their duty is more than just a paying job. He mentioned the officers counsel many of the students and teenagers who attend school in Downey. Ms. Jan (last name inaudible), 9635 Cecilia Street, asked about the last salary - increase for the Police Officers and whether there is an allowance in this year's budget for another increase. Mr. Thompson replied the last increase was in July, 1975, and said there has been an amount appropriated in this year's budget. Officer Hadley noted the Association's proposal amounts to $187,000 and the City has appropriated $150,000. He asked the Director of Finance if the $37,000 can be raised without increasing taxes. Finance Director Patton replied no, not out of the General Fund. Officer Hadley then asked if there are any other funds the amount can be borrowed from. Mr. Patton stated Revenue Sharing Funds can Legally be used for Police operating expenses. Mayor Scotto explained Revenue Sharing Funds are limited to a certain number of years, and it has been the Council's policy not to use those funds for operating costs because they are ongoing. Ms. Katherine Save, 8540� Stewart and Gray Road, raised questions regarding the Federally -funded grants received by the Police Department and whether the Police Officers would be willing to forego the provision permitting outside employment if they receive the proposed increase. Police Chief Morgan reviewed the Federally -funded programs which provide personnel and salaries for certain positions in the Police Department. Officer Hadley explained the off -duty employment would be jobs requiring police training such as security work. Mayor Scotto said she would like to take this matter under submission. Also, she would like to recess to executive session later in the meeting. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to take this matter under submission. AYES: 3 Council Members: Greene, Miller,Scotto NOES: 2 Council Members: Jennings, Jackman Mayor Scotto declared a recess at 10:09 p.m. The meeting resumed at 10:20 p.m. with all Council Members present. Civic Center Development Mayor Scotto acknowledged the presence of the ad hoc committee members. Mr. Thompson explained staff has reviewed the comments and recommendations of the committee and has prepared Plans A and B which are consistent with recommendations of the committee. Commenting on Plan A, he said it would incorporate use of school -owned land allowing for the best location of the Library by centering it on a mall running south to Firestone Boulevard. Mr, Thompson also stated the City Hall Safety Services Building could be alternated with the City Hall Services Building. Speaking to Plan B, he indicated it is actually a modification of the first plan in the event the school property could not be utilized or is not available. He pointed out these are preliminary plans and show that underground parking is available to be built under portions of the City Hall General Services Building. Mr. Thompson continued that a rough estimate of the costs on Plan A indicate the total is about $200,000 less than the plan submitted by SUA; although there are no available figures on Plan B, they would probably be less than Plan A. Council Minutes 9/14/76 -6- :tee, 'x 6 Mr. Mel Rice of the ad hoc committee explained these plans were developed by staff and were merely concepts prepared by the committee showing that some other type of development could be done other than what SUA had supplied the City Council. Mr. Spindel commented this is a preliminary sketch based on concepts voiced by the technical subcommittee of the citizens committee, and it was felt the Library should be in the center so that the mall leading up to it would be visible from Firestone Boulevard. He said the Library structure shown here is one story rather than two, and this is just to show there are other alternatives to the plan developed by SUA. Mr. Sherman Griselle, member of the design subcommittee, pointed out the two plans are alternatives to the SUA plan; it is felt the Council should give these serious consideration; and further, the development, packaging, flexibility, and opportunity to build incrementally is more possible under the two plans shown. He suggested pursuing the purchase of the elementary school as quickly as possible, but if this is not possi- ble, then go to Plan B. He noted under both plans the old City Hall can be retained for some time by not building on the northwest corner, or building can be done on the City Hall property site and on the site just west of the Theatre. Mr. Thompson advised that if the Council wishes to go ahead, this matter should be submitted to the Planning Commission, and if this is submitted as a basis of a plan for the Accelerated Public Works Act, it should also be submitted to SCAG for an A-95 review and to the Economic and Development Administration for the grant; the Planning Commission should hold a hearing and make approval, disapproval, or modification, and then it should be brought back to the City Council for action. Mr. Rice asked that the City Council establish its priorities in order to obtain the Public Works Grant. Councilman Jackman asked if Councilman Jennings' suggestions were submitted to the committee. Mr. Rice replied yes, they were accepted at the subcommittee level and the sub- committee did not find them to be feasible. Councilman Jennings said there are other places in the City to place a civic center, and none of these were given to the committee. He mentioned the 17.5 acre parcel of land containing a 235,000 square foot reinforced concrete structure and 1900 parking spaces on paved land, which could possibly be purchased for less than $3 million and would adequately take care of the City's needs. He suggested staff go back to the committee with these statistics and that the committee study whether this would be feasible. Mayor Scotto favored approaching the School Board for a response on the Downey Elementary School property. Mr. Thompson said the School Board was approached regarding this, however, no decision was made. He indicated that if the City Council made the determination to purchase or lease the property and if the School Board agreed to that lease or purchase, it would be possible to meet the grant deadlines. Mr. Bruce Watson mentioned he was advised by Mr. Shay of the Downey School Board that the City would be receiving a letter within a few days regarding the City's proposal for the school property. He made a minority report to the Council regarding the existing City Hall saying he feels it would best suit the City to remodel the present structure vs. building a new one; also, retaining the building as a historical landmark. Mr. Watson suggested attempting to lease the school property in order to proceed with the grant and further suggested securing bids on the architectural design. Mayor Scotto asked the City Manager to submit to the committee all of the informa- tion on the building suggested by Councilman Jennings. Councilman Greene favored Plan B. Discussion followed. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to accept the report of the committee and also the minority report for further consideration and request the committee to await further instruction. City Attorney Sorensen advised at such time as the Council adopts a concept or plan it should be referred to the Planning Commission for hearing and recommendation, and the EIR process should be done concurrently with the Planning Commission's recommendation. Further discussion ensued. Council Minutes 9/14/76 -7- Mayor Scotto suggested the Council establish specific priorities of the various components of a proposed master plan. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by unanimous vote that the Council take the position that the Library Building be the number one priority. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to adopt the Public Safety Facility Building as the 'nuiaber two priority. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto ABSTAIN: 1 Council Member: Jennings It was moved by Mayor Scotto and seconded by Councilman Greene to refer all the plans to the Planning Commission for purpose of holding a hearing and making recommendation. Mayor Scotto said all of the plans would include Plans A and B, the SUA plan, and the building on Lakewood Boulevard. AYES: 2 Council Members: Greene, Scotto NOES: 3 Council Members: Jennings, Miller, Jackman Failed. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote that the Council forward to the Planning Commission Plan 2 (B) and ask them to hold a public hearing. Councilman Greene said Plan 2 is the existing Library with a second story. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto Removal of Items from Consent Calendar Agenda Items VIII-B-5, Correspondence from Louie R. Adkins, and VIII-F-2, Granting of Access Rights Vacated - Brookshire Avenue at 8431 Devenir Avenue, A-4288. It was moved by Councilman Jennings to approve the Remainder of the Consent Calendar. Motion withdrawn. Councilman Miller inquired regarding the correspondence from Southern California Rapid Transit District requesting Council position on RTD's Hold -the -Line Posture in present Strike Situation. It was moved by Councilman Jennings and seconded by Councilman Greene to receive and file the corresponcence. Mayor Scotto said she feels the Council should give RID some support and send a letter to the Board. With the consent of the second, Councilman Jennings withdrew his motion to receive and file. There being no objections, it was so ordered that the Mayor write a letter in support of the RID Board's position. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes of the Adjourned Regular City Council Meetings of August 17 1976, August 18, 1976, and August 24, 1976; Minutes of the Regular Citv Council Meeting of August 24, 1976. Correspondence from Public Utilities Commission regarding Douglas Bus Lines Commuter Services - Rockwell Facility. Correspondence from City of Commerce regarding Summons to Action concerning the Criminal Justice System of the State of California. Correspondence from Southern California Rapid Transit District regarding City Selection Committee Members. Correspondence from Southern California Gas Company regarding Propane -Air Project, Wilmington. Council Minutes 9/14/76 -8- . a 29 Denial of Legal Claims; Ref. #286, Irene C. Jennings; Ref. #288 Armando Kraft Garcia; Ref. #289 Raul Kraft Garcia. General Warrants: #146,760 - 147,153; #202,744 - 202,807: $1 019 873.30. Corrective Deed, A-4011: Authorize recordation to correct an error in a previous legal description. ;'r-): Correspondence from Louis R. Adkins regarding Zoning for Property at 7927-7941' Imperial Highway. Questions were raised regarding setting a hearing on this matter. City Planner Goggin explained the Planning Commission denied Mr. Adkins' request for an extension of time, and Mr. Adkins does have the right to appeal that decision to the Council, but it is not a formal appeal and does not require a formal hearing. It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to place this matter on the next Agenda and notify the applicant. Granting of Access Rights Vacated - Brookshire Avenue at 8431 Devenir Avenue A-4288 Questions were raised regarding driveway widths permitted under the code. It was moved by Councilman Jennings, seconded by Mayor Scotto, and passed by unanimous vote to authorize the granting of Vehicular Access Rights to Brookshire Avenue from 8341 Devenir Avenue with the provision that the existing Devenir Avenue approaches and driveway be removed and new curb and gutter installed. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTIONS 4290.1 AND ADDING SECTION 4292 WHICH SECTIONS RELATE TO WILD OR VICIOUS ANIMALS City Attorney Sorensen advised that in Section 2 where it reads "Section 9100", it should read "Chapter I of Article IX". The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance with changes as recommended by the City Attorney. RESOLUTION NO. 3335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 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. 3335. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RECLASSIFYING WATER FOREMAN AS ASSISTANT WATER SUPERINTENDENT AT NO CHANGE IN SALARY 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 and seconded by Councilman Greene to adopt the Resolution. Councilman Jennings said he disagrees with the Resolution in its entirety because it should have been done at budget time. Responding to questions, Mr. Thompson stated this is a change in classification only and does not include a salary change. He said there is a problem of determining the outlines of the middle management category, and this is in conformance with the organizational pattern in the Public Works Department. Council Minutes 9/14/76 -9- Mr. Spindel commented that during the election for the Teamsters the foreman was included, however, recently when the Memorandum of Understanding was adopted both the working foreman and this foreman were dropped from representation of the Teamsters. Discussion followed. Mr. Thompson indicated someone is needed to act in the place of the superintendent when he is not there. Councilman Greene withdrew his second to the motion. Mr. Spindel pointed out that the Water Foreman is one of the men responsible for running an efficient Water Iepartment, and the change in classification would show appreciation for the work he is doing. The motion to approve died for lack of a second. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to certify the southerly eight feet of Lot 40 of Tract 18301 as excess property and authorize the sale to the owners of the neighboring property. It was moved by Councilman Jennings, seconded by Councilman Jackman, unanimous vote to approve the implementation of Corrective Construction f Problem at the Intersection of Glencliff Drive and Dos Rios Road. and passed by It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to receive and file the Sidewalk Policy. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: M.F. Estimated No. Address City Cost 463 9907 Downey Avenue $ 87.00 464 9901 Downey Avenue 181.00 Total Estimated City Cost $268.00 Councilman Greene inquired regarding the money spent on sidewalks this fiscal year and how much is left. Mr. Spindel stated he would bring back a report next Council meeting. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to authorize the Department of Community Development to complete the paveout at 7539 Firestone Boulevard Conditional Use Permit No 71, with City forces, with material being charged to the Paveout and Sidewalk Matching Fund Account #71-15007. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to authorize the City Manager to prepare preliminary plans and submit application for various public works projects under the Public Works Employment Act of 1976 with the addition of the Rives School and Bank of America building remodeling. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to direct the City Clerk to issue Notification of Hearing prior to Resolu- tion of Necessity to condemn real property located at 8413 Firestone Boulevard A4212, and to set the hearing for 7:30 p.m., October 12, 1976, in the Council Chambers of the Downey City Hall. Long Beach City Council District Starter -Line A n the Southern California Rapid Transit ves Anal Mr. Spindel stated staff agrees with this and the comments of Mayor Scotto. It was moved by Councilman Jennings, unanimous vote to authorize the Mayor to agencies. seconded by Mayor Scotto, and passed by prepare a letter responding to the two Release of Funds to Reorganize Downey City Youth Band ($7 218) Responding to questions, Parks & Recreation Director Neavill explained the City maintains separate bank accounts with the signatures of the board of directors of the co -sponsored groups, and the City has the total accounting control over these accounts. Council Minutes 9/14/76 -10- Councilman Greene indicated he was present when the band was reorganized and he feels it is in good hands. Councilman Jennings asked if it will be necessary to purchase new uniforms. Mr. Neavill replied no. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve the recommendation of staff and the Recreation and Community Services Commission to release funds carried over from 1975-76 to the newly organized Downey City Youth Band. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the recommendation of staff and the Recreation and Community Services Commission to Transfer Funds from Park Development Fund to Capital Improvemen Fund for electrical work to be performed at the Downev Art Museum. ORAL COMMUNICATIONS Mr. Thompson reported that negotiations on Acquisition of Park Water Company and Southern California Water Company are developing rapidly. He said the bond consultants for the City, the City Attorney, and staff have recommended a non-profit corporation board of directors be appointed because the next stages of this negotiation would require action on their part. Mr. Thompson reviewed the duties of the board of directors and recommended the Council proceed with their appointment to the board in order to meet the target date established for the early part of January. He mentioned the Councih has submitted the following names for appointment: Mr. Joel H. Lubin, District 3. Mr. Edwin W. Giddings, District 4. Mr. James Knoll, District 5. Mr. Harold F. Whittier, District 1. Dr. Donald E. Watt, District 2. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve the appointments to the non-profit corporation board of directors. City Attorney Sorensen advised there has been a writ of mandate suit filed by the Police Officers Association relative to interpretation of the Memorandum of Understanding Resolution pertaining to POST Education Pay. He asked for direction from the City Council. It was moved by Councilman Jennings and seconded by Councilman Jackman that the City Attorney be instructed to proceed with an adequate defense. Roll call vote: ,AYES: 2 :Council.Members: Jennings, Jackman NOES:. 2 -Council Members: Greene, Miller With the consent of the City Attorney, at 12:30 a.m. Mayor Scotto declared a recess to executive session to discuss the litigation matter. The meeting resumed at 12:40 a.m. with all Council Members present. Mayor Scotto called for the roll call vote on retaining the City Attorney for the litigation case - Writ: of Mandate. The vote was unanimous. Councilman Greene requested consideration to implement a Skateboard Ordinance. Councilman Greene commented on the lengthy 5:00 p.m. Council Meetings. Councilman Greene desires to change the voting rotation order on the City Council roll call. There being no further business to come before the City Council, at 12:40 a.m. Mayor Scotto adjourned the meeting to 5:00 p.m., September 21, 1976, in the Council Chambers of the Downey City Hall, to discuss the 1916-77 Budget and the proposed Comprehensive Zoning Ordinance. Robert L. Shand, City Clerk -Treasurer Haze Scotto, Mayor Council Minutes 9/14/76 -11-