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HomeMy WebLinkAboutMinutes-10-12-76-Regular MeetingNINTUTES OF THE CITY COUNCIL OF 199E CITY OF DC'iZT-f OCTOBER 12, 1976 T A B L E O F M I N U T E A C T I O N S SUBJECT„ Resolution #3341, Determining Changes in Compensation and Benefits for Sworn Police Personnel for 1976-77 (with sectiona II-A-4, IV-B-1 & IV-B-2 removed) Executive Session ACTION. Adopted Raise Police Officers' Compensation & Benefits - Direct City Mngr. to bring back ways & means to raise benefits higher than relative scale. after Council determines parameters for negotiations that negotiations be commenced for multi -year contract Approved Acquisition of Property, 8413 Firestone Blvd. Approved Removal of Items from Consent Calendar Minutes of Regular Meeting of September 28, 1976, as amended Approved Agenda Correspondence !ter's Filed Denial of Legal Claim Ref. #292 Approved General Warrants #147263-147463; #202838-202877 Approved Ordinance Amending DMC Repealing Sec. 4101.2 re Public Welfare, Morals & Policy Introduced Resolution #3342 Req. Bd. Sprvsrs. of County Flood Control Dist. to accept transfer & conveyance of Storm Drain Tmprvmts. & Drainage System (SSProj. #257, Unit I, Tr #31365) yisc. Transf. Drain #504, Unit I & II Adopted Resolution #3343, Req. Bd. Sprvsrs. cf County Flood Control Dist. to accept transfer & conveyance of Storm Drain Imprernts. & Drainage System (CC #349) Misc. Transf. Drain #575 Adopted Resolution Designating Standby Councilmen Failed Resolution Designating Standby City Attorneys Resolution Deleting Adm. Asst./Parks & Rec. position & est. Volunteer Services Coordinator Volunteer Program agenda items CC #397, City Hall Roof Repairs - Auth. increases of $2,910 & 12 working day ext. Sidewalk Matching Funds - M.F. #466, 467, 468, 469 Agreement for Recycling of Solid Waste bet. City, Calsan, Inc., & The Sessler Co. Adjustment of Rates for Collection of Residential Refuse - Set meeting of 10/26/76 for determining residential refuse rate adjustment is justified in accordance with data submitted Rives Avenue School Community Use - Accept recommendation subject to approval of expenditures for modification Failed Taken under submission Taken under submission Approved Approved Approved Approved Approved FACE NO, 2 3 3 3 M 4 4 4 4 4 4 4 5 5 6 6 6 6 6 7 8 Page 1 of 2 MINUTES, CITY COUNCIL MEETING OF OCTOBER 12, 1976 TABLE OF MINUTE ACTIONS SUBJECT: Petition Protesting Chip Sealing on Cavel St. & Boyne St Civic Center Development - Application for Federal funds for all items in original proposal except Rives School & storm drains & approve $1850 for EIR Downey's 20th Anniversary Program for 12/18/76 in Downey Theatre Rotary Club's annual Pancake Breakfast 10/23 Request for Joint meeting bet. Council, Planning Comm., & Carl Newton of City Atty's office re legality of zone exceptions Page 2 of 2 ACTION: Mayor to send letter to residents Approved Council concurred Referred to staff for review & report PAGE NO. 90 10 10 10 MINUTES OF THE CITY COUNCIL -' 551i OF THE CITY OF DOWNEY O OCTOBER 12, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 12, 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 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 and Recreation Loren D. Morgan, Police Chief Edwin H.,Wood, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Robert R. DeSio, Superintendent, Physical Services Division Robert L. Shand, 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 Jackman. Mayor Scotto announced the Council intends to recess the meeting to executive session to discuss the Acquisition of Real Property at 8413 Firestone Boulevard. Memorandum of Understanding, Downey Police Officers Association There being no objections from the Council, Mayor Scotto inquired if there was any- one present who wished to speak to this matter. Mr. Milton Mackaig, 9131 Baysinger Street, said the Downey Police Department is bet- ter than average, and he encouraged the Council to come to a mutual agreement with the Police by "splitting the-d&fference". Mr. Alfred P. Sutlick, 8355 East 7th Street, stated the Downey Police Department is a "top-notch department" and deserves consideration from the Council. Mr. Paul Whittaker, 7802 Danvers Street, asked the Chief of Police that if the Police Officers are not granted the pay increases they are requesting, what effect will this have on the department in retraining new officers. Police Chief Morgan replied that when employees are not paid the salary others in the same field and same job are paid, retention and recruitment of officers become more difficult. He said it is his feeling the officers have established a justifiable position insofar as their salary is concerned in the comparison made with the ten cities, and it is justifiable to expect that when production is higher, a person should be paid on the average of the highest two or three on that list. Mr. Dick Raabe, 11627 Downey Avenue, said it is the duty of the City Council to find out what the problem is and take care of it. He mentioned his tax dollars are supposed to be -spent for Police and Fire, and he called for the Council to settle this matter immediately. Florence Holding, 10248 Woodruff Avenue,- opposed increasing the size of the City Library. She said Downey°s Police Department is one of the finest anywhere, and the City should be behind them. Katherine Save, 8540' Stewart and Gray Road, indicated she is not opposed to a salary increase but is opposed to the Police Officers seeking additional employment. There being no one else wishing to address the City Council, Mayor Scotto called for the reading of the Resolution by title. Council Minutes 10/12/76 -1- RESOLUTION NO, 3341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING CHANGES IN COMPENSATION AND BENEFITS FOR SWORN POLICE PERSONNEL FOR 1976-77. The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Jackman to adopt the Resolution. Councilman Jennings inquired if the City Policemen use their own private vehicles for stakeouts and other functions, and whether their vehicles are insured by the City during that time, and whether they are reimbursed for gasoline. Chief Morgan replied yes, Downey Police Officers do use their private vehicles for stakeouts on many occasions and are not reimbursed for the use of that vehicle. Occa- sionally, he said, they are reimbursed for gasoline if it is requested, which is rare, and the vehicles are not covered by the City's insurance. Councilman Jennings then asked about the percentage of overtime reported by the Tact Squad, Narcotics Squad, or Lietitenants. Chief Morgan stated those officers put in a great deal of overtime, and his best estimate is that 30 percent of that overtime is not reported. Councilman Jennings said he has a report stating it costs the City $10,000 to employ and train new policemen getting ready for patrol and that lateral transfers have decreased in recent years due to the City°s pay position in comparison to other cities. Chief Morgan indicated that if the figures are correct it would cost $10,000 to train a new recruit; the lateral transfers may be because of the pay scale but also be- cause Downey has had very few vacancies in the Last two -to -three years. Councilman Jennings stated in his opinion, based on his previous questions, the Council would be doing the Police an injustice to vote on the Resolution as it exists. He then recommended striking items II-A-4, IV-B-1,and IV-B-2 because these should be negotiable items. Councilman Jennings suggested the Council adopt the balance of the Resolution, immediately pass a motion to instruct the City Manager that the above two items plus the items he asked Chief Morgan about should be negotiable rather than uni- lateral, and the Resolution be the basis for the first year of a two-year contract with negotiations re -opened immediately. It was moved by Councilman Jennings to amend the Resolution by removing Sections II-A-4, IV-B-hand IV-B-2. Councilman Miller noted his son is on the Police Department, but his vote will be to vote his conscience as to what he believes is the best interest of the City. He said he thinks the issue before the Council is what kind of Police Department does it want in the future, and re -opening negotiations without direction for a second year contract would serve no purpose. The motion to amend the Resolution was seconded by Councilman Greene and passed by unanimous vote. It was moved by Councilman Jennings to instruct the City Manager that the two items deleted from the Resolution and the questions he asked the Chief of Police be immediate- ly put into reopened negotiations for the second year of a two-year contract. City Attorney Sorensen advised that there were some interlineations made in the Resolution, changing not the substance but the format. He read the title and the Reso- lution in substance. 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. 3341. AYES: 3 Council Members: Jennings, Jackman, ,Scotto NOES: 2 Council Members: Greene, Miller It was moved by Councilman Jennings to instruct the City Manager that the two items removed from the Resolution and the questions he raised to Chief Morgan should be negoti- able rather than unilateral, and further, that this Resolution be the basis for the first year of a two-year contract, with negotiations re -opened 'immediately. Council Minutes 10/12/76 -2- Councilman Jackman stated the Council is going to set parameters for the negotiator to settle on, but he does not think this is the time and place to set those parameters. However, he said, he thinks the purpose of the negotiations would be to upgrade the salaries in the Police Department. Councilman Jennings concurred. Councilman Miller indicated the basic issue has been rather vague and he feels the Council should redesign what the policy of the City is going to be, with direction given to the City Manager in open meeting. Discussion ensued. Mr. Sorensen advised that under the Brown Act the Council specifically has the authority to meet in executive session for the purpose of instructing its negotiator as to the parameters, goals, or whatever he may use in conducting negotiations. Councilman Jackman reiterated that the Council has registered the fact that it wants to upgrade the Police Department with the comparative cities, and he thinks that is what the Council wants to negotiate. Councilman Greene concurred. Councilman Jackman indicated he would like to discuss the parameters in executive session. At 8:27 p.m., Mayor Scotto recessed the meeting to Executive Session to discuss negotiation with the Downey Police Officers Association, and Acquisition of Property at 8413 Firestone Boulevard. The meeting resumed at 8a40 p.m. with all Council Members present. It was moved by Councilman Jackman, seconded by Councilman Jennings, and passed by unanimous vote to direct the City Manager to bring back ways and means to raise the Police Officers' compensation and benefits higher than the relative scale at the present time; after he brings back suggestions and the Council determines the parameters for negotiations, that negotiations be commenced for a multi -year contract. Clarifying the statement made regarding his son being on the Police Department, Councilman Miller said his son is married, does not reside with him, and provides all of his own support. Officer Mike. Hadley, President 4 the Police Officers Association, informed the Council that the Association has just had a meeting, and he has been directed by the Association that it will not sit down and negotiate with the City Manager. Councilman Miller pointed out that at the time the Budget was adopted, the Council established the parameters under which the City Manager could negotiate. Mayor Scotto stated the Council has listened to the tapes, read the Minutes, and has heard all of the input. She noted the Council did Lay the parameters, the City Manager is the Council's negotiator, and she feels the City Manager has negotiated the way the Council has asked. Officer Hanson said the Association's board members sat through the negotiations and are in complete accord with Officer Hadley. Acquisition of Property at 8413 Firestone Boulevard Mr. Thompson reported the City has received and considered an offer from Mr. Edmond Camou, the property owner, in the amount of $57,438.47, which is within the appraisal, and he recommended the real estate be purchased on that basis. He said the City is in -- receipt of a real estate purchase agreement draft on the basis of the offer, allowing the hearing to be cancelled if acceptable to the City Council. Mr. Jack Arian mentioned he is leasing the property and asked if he could have to the month of November to vacate. Mayor Scotto advised Mr. Arian he could have a month -to -month arrangement. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve the purchase of property at 8413 Firestone Boulevard. Mr. Thompson stated it should be understood the City is not agreeing to have any relocation expense following the end of the tenant's regular lease. Mayor Scotto ordered the hearing closed. Council Minutes 10/12/76 -3- 5551 Removal of Items from Consent Calendar Agenda Item VIII-A, Minutes of September 28, 1976, was removed from the Consent Calendar. Mayor Scotto asked that the Minute action on the Dog Licensing Penalties Complaint be changed to "received and filed". It was so noted. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Consent Calendar: Minutes, Regular City Council Meeting of September 28 1976, as amended. Correspondence from City of Walnut regarding Resolution Urging Redistribution of Sales Tax Revenues on Basis of Population. Correspondence from Public Utilities Commission regarding Notice of Hearing, Gas Exploration Program (Case No. 10056). Correspondence from Downey Chamber of Commerce regarding Quarterly Report, July 1 - September 30, 1976. Denial of Legal Claim: Reference No. 292 Rita Stanley. General Warrants: #147263 - 147463; #202838 - 202877: $456 462.49. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY REPEALING SECTION 4101.2, WHICH SAID SECTION RELATES TO PUBLIC WELFARE, MORALS, AND POLICY. The Ordinance was read by title only. It was moved by Councilman Jennings,seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to introduce the Ordinance. RESOLUTION NO. 3342 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS (SELECT SYSTEM PROJECT NO. 257, UNIT I, AND TRACT NO. 31365 RESPECTIVELY) MISCELLANEOUS TRANSFER DRAIN NO. 504, UNIT I and II, IN THE CITY OF DOWNEY, FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF. The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded 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. 3342. RESOLUTION NO. 3343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS (CASH CONTRACT PROJECT NO. 349) MISCELLANEOUS TRANSFER DRAIN NO. 575, IN THE CITY OF DOWNEY, FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF. The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded 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. 3343. Council Minutes 10/12/76 -4- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING STANDBY COUNCILMEN The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Miller to adopt the Resolution. Questions were raised regarding the powers, duties, and selection of standby Councilmen. Councilman Jennings indicated he feels the City Manager, Chief of Police, and Director of Public Works should act in the Council°s behalf in case of an emergency. Commenting on Page 2, Section 1, Mayor Scotto said she prefers the Recreation and Community Services be appointed along with the Planning Commission. Councilman Miller mentioned the Department Heads,have the responsibilities and know what they are supposed to do in a disaster. AYES: 1 Council Member: Scotto NOES: 4 Council Members: Greene, Jennings, Miller, Jackman Failed. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING STANDBY CITY ATTORNEYS The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Mayor Scotto, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Greene to adopt the Resolution. AYES: 1 Council Member: Scotto NOES: 4 Council Members: Greene, Jennings, Miller, Jackman Failed. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DELETING THE ADMINISTRATIVE ASSISTANT/ PARKS AND RECREATION POSITION AND ESTA.BLISHING THE VOLUNTEER SERVICES COORDINATOR POSITION. The Resolution was read by title only. It was moved by Councilman Miller, sec- onded by Councilman Jennings, and so ordered to waive further reading. Councilman Miller stated he thinks the program has merits but he cannot see setting up a position of $17,000 when the City does not have the money. He made a motion to take the Resolution under submission. Mayor Scotto mentioned many dedicated people have been meeting and setting up the program, and it is very Likely this kind of program might help give the City more serv- ices plus a savings. The Council also took under consideration at this time Implementation of City Volun- teer Services Program. Councilman Greene indicated he does not think this is the time to hire someone at the salary mentioned. Councilman Jennings said the City has had an Administrative Assistant for a long time in the Parks Department, which supposedly was necessary and productive, and he can- not see removing the position at the expense of Parks and Recreation staff. A discussion was held regarding the Administrative Assistant position. Councilman Jackman suggested the possibility of a staff member heading the volun- teer program for six months to see how it will work out. Council Minutes 10/12/76 -5- ;-1553 Mr. Neavill commented that Downey probably has 250-to-300 volunteers working at any one time, and the need for a volunteer services program would provide the existing volunteers with the consistency of leadership and the protection of liability and acci- dent insurance. He said he has read material from other cities, and they recommend and employ a Volunteer Coordinator whose services are rendered through all departments of the City. He concluded that the Recreation and Community Services Commission has for- warded the concept to the City Council, and the Volunteer Advisory Committee feels this would be a step in the right direction for the City of Downey. Councilman Greene remarked he does not feel the City should hire someone to oper- ate a program without knowing whether it will be .successful. Councilman Jackman mentioned he has a gentleman in mind he could suggest for Parks and Recreation to interview as coordinator on a volunteer basis. He said he would like to defer placing another person on the payroll until the program is under way. Mr. Neavill suggested the Council might want to consider assigning the major res- ponsibilities of volunteer coordination to the Administrative Assistant position. He pointed out the reason the department can continue without the full-time services of an Administrative Assistant is because the Department is not currently involved in any major grant programs or applications for State or Federal funds. Councilman Jennings indicated the first priority should be to define what a volun- teer is and who will be covered by Workmens Compensation. Councilman Miller stated someone could be gainfully employed and become involved as a volunteer. He asked if that person becomes incapacitated as a result of an acci- dent while performing duties as a volunteer, would Workmens Compensation be based on the gainful employment. Mr. Sorensen said he will check into it. Mr. Thompson advised that the volunteer program would be a system of indicating a group of registered volunteers who would go through a train.ing program and be placed in recognized slots approved by the City Council. He said it is hoped as the positions are filled by volunteers, the lists will be submitted and approved, and it would be those people on the registered lists who would be covered under Workmens Compensation. Councilman Jennings suggested the volunteer program be taken under submission. It was moved by Councilman Greene to adopt the Resolution establishing the Volun- teer Services Coordination Position. The motion died for lack of a second. The Agenda items pertaining to the Volunteer Program were taken under submission. It was moved by Councilman Jennings, seconded by Mayor Scotto, and passed by unanimous vote to authorize increases in the total amount of $2,910 and a 12 working day extension of time for Cash Contract No. 397, City Hall Roof Repairs. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 466 9104 Birdvale Drive $ 129.00 467 11755 Bellflower Boulevard 107.00 468 11729 Bellflower Boulevard 123.00 469 11715 Bellflower Boulevard 117.00 Total Estimated City Cost $ 476.00 Councilman Miller inquired whether the sidewalk on Birdvale will join other side- walks or if it will be an isolated strip of concrete for the benefit of the property owner. Mr. Spindel replied he does not have that information. AYESw. 4 Council Members. Greene, Jennings, Jackman, Scotto' NOES: 1 Council Member: Miller It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to approve the Agreement for Recycling of Solid Waste between the City, Calsan, Inc., and The Sessler Company, and authorize the Mayor to sign. Councilman Jennings stated he hopes it is clear that if the contractor finds it necessary at anytime, he may exercise his option to terminate the agreement without prejudice to the City. Council Minutes 10/12/76 -6- 5554 Mayor Scotto requested the Council receive the monthly reports on this. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings and seconded by Councilman Greene to consider the request for Adjustment of Rates for Collection of Residential Refuse, and set 7:30 p.m., October 26, 1976, in the Council Chambers of the City Hall, as the time and place for determining that a residential refuse rate adjustment is justified in accordance with the data submitted. Mr. Sorensen advised this is not a hearing in the sense that it is a public hear- ing. He said the agreement between the City and contractor requires that in order to get a rate increase, the contractor must establish that the formula which applies has been met. Mr,. Spindel mentioned the final data from the contractor was just received, and staff has not had an opportunity to analyze it for the Council. Councilman Jackman said he favors putting the rubbish contract out to bid. Discussion ensued. Mr. Thompson pointed out that one of the biggest factors in this kind of service is the quality of that service, and there are a minimum of complaints with the current service. He commented on the factors involved in the decision of contracting for this kind of service and noted the contract specifies a certain quality of equipment must be kept in the operation, which can create a problem for the contractor if he only has a one-year contract. Mr. Spindel mentioned that two years ago the Council entered into the contract until 1980 with a formula, and the factors were based on various items which would affect the operating costs of the contracts. Councilman Miller suggested the Council receive an annual comparison of rates in other cities in order to see whether Downey°s formula is operating properly or needs adjustment. The motion to set the request for rate adjustment on the agenda for October 26th was so ordered by the Mayor. Report on Rives Avenue School Community Use Councilman Jennings called the Council's attention to Exhibits A and B and asked the Council to carefully read the exhibits which the Parks and Recreation Department says can be accommodated at Rives School. He made a motion to receive and file the report. Mr. Thompson mentioned the escrow should be closing before October 20th and noted interviews have been held with a minimum of people regarding requests for use of the school. Mr. Neavill commented staff has been in regular contact with all of the groups that have applied for use of the school, and the following groups have indicated a desire to relocate to the school as soon as possible: Angeles Girl. Scout Council; Boy Scouts; the California Association of Physically Handicapped; and Senior Citizen clubs. Councilman Jennings asked if the offer for rental will be accepted from the Angeles Girl Scout Council or will it be free for all groups. Mr. Neavill replied the Angeles Girl Scout Council is currently paying rental; they plan to use the facility for training of leaders and have the capability of paying a rental. He said it would be his recommendation to accept the rental offered from those groups indicating a willingness to pay a modest amount of rental and possibly structure simple agreements for in -kind services. Referring to Chief Morgans memorandum requesting a maximum of four classrooms, showers, and boxing facilities for people in the neighborhood around Golden Park, Council- man Jennings asked if this has been .accepted. Mr. Thompson stated it is possible to accommodate all of the requests with the thought of a neighborhood center, and it is also hoped to accommodate City -sponsored activities for which there would not be a rental. On those organizations not City activities, he said, it is the recommendation to accept a rental for which contracts would be prepared for consideration by the City Council. Mr. Neavill further commented on the recommendation for shower and restroom facili- ties being set aside for men, women, and youth physical fitness programs which would be community related and would have to have supervision from the Parks and Recreation Department. Council Minutes 10/12/76 -7- 5555 Responding to a question regarding the costs for refurbishing, Mr. Thompson states it is a budgeted figure contained in the Housing and Community Development Act Fund. Councilman Jackman indicated he would like to see the estimated figures for the cost of refurbishing. Mr. Thompson requested Council consideration regarding the general approach to use of the school. Mayor Scotto asked about space for the photographer previously mentioned. Mr. Neavill said the request is being taken into consideration within the frame- work of the Downey Art League. Discussion followed. Mr. Neavill indicated the recommendation being submitted is following his cover letter of September 22nd outlining proposed Rives Avenue School scheduled uses, and if the Council is ready to do so, it could give general approval of those uses so that staff can start implementing them. It was moved by Mayor Scotto to approve the general approach to use of the Rives Avenue School. Motion died for lack of a second. Councilman Jennings left the meeting at 10:10 p.m. He returned at 10:15 p.m. It was moved by Councilman Miller, seconded by Mayor Scotto, and passed by the following vote to accept the recommendation subject to approval of expenditures for modification. Councilman Miller stated for the record that next year he does not want the Downey Dolphins to come in and request a swimming pool or the Tennis Club to request tennis courts until a lot of other things are resolved. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Petition Protesting Chip Sealing on Cavel Street and Boyne Street Mr. Spindel explained chip sealing is the most affordable method under the City's present financial situation; however, alternatives are being reviewed. He said the chip sealing is annoying to people and the City does receive complaints. Councilman Jennings suggested renting a roller and rolling the streets after they are chip sealed. Councilman Greene commented on the loose chips on Eighth and Harper Streets, which are not very well travelled, and said if the street sweeper or roller could go over the streets more often it would help. Councilman Miller said it is his understanding this could be corrected by a sub- sequent coating of slurry seal and that prior to next year's budget, the Council might want to consider suggested alternatives. Mr. Spindel mentioned if permitted by Council, staff will prepare a letter for the Mayor's signature to the residents on the petition explaining alternatives are being reviewed and noting the City's financial situation. No objections were stated. Civic Center Development - Selection of Consultants Councilman Jennings stated he has re-examined this matter since the last Council meeting and feels the Council has been pushed into making and reversing decisions; sec- ond, the possibility of free government money has diluted the Council and staff's thinking until everyone is no longer acting in a normal manner; third, he does not believe the City Hall site on Lakewood Boulevard has been given a thorough study; and fourth, he is opposed to the entire act in which the City is engaged, and he is going to actively seek support in the City to approach the Library expansion and entire master plan in a reasonable manner. He recommended proceeding in an orderly manner by inviting the people of the City to join in the decision -making process via the ballot. It was mentioned by Councilman Jennings that the County is considering moving its local court house to Norwalk, which would be an economy measure. He .stated since the court build- ing will be available for rent or purchase, he would suggest moving the City Police Department to that building, which would then change the entire concept of the civic center. Mayor Scotto commented on the number of people who have been working on this and that the preferred plan is to build a new Library on the school property. She said she feels the City should go ahead with this. Council Minutes 10/12/76 -8- Z555fi Councilman Jackman mentioned he has talked to all but one member of the School Board, and they are willing to sit down with the City Council in a joint meeting to dis- cuss the school property for construction of the Library. He said as soon as the Facility Report is prepared, the City Council should then meet with the School Board, and he asked the Mayor to make arrangements for that meeting. Councilman Jackman sug- gested putting the Civic Center proposal on the ballot with realistic figures to let the voters decide whether they want a new Library and Civic Center; that if the citizens are willing to fund it, then move ahead. He stated further that he does not want to apply for the Federal funds until a determination has been made on the Civic Center. Mayor Scotto indicated everyone she has talked to agrees building the Library on the school property is a good plan. Councilman Jackman stated he feels the School Board will sell the school property to the City if the citizens want a Library on that property. Mayor Scotto said she would be willing to discuss this matter with the School Board, and if no objections, she will contact the School Board. No objections were stated. Mr. Jack Robinson, 8555 Gainford Street, member of the ad hoc committee to study the Civic Center, said the committee would suggest taking this matter one step at a time by making a Civic Center master plan, hiring a consultant or architect to develop that mas- ter plan, and then proceed with the possibility of obtaining Federal funds. If that is not available, he said, then the Council may want to go to the electorate with a bond issue. Councilman Jackman asked that an agenda for the joint meeting be worked out with the School Board. He pointed out that when he mentioned putting the Civic Center on the ballot he does not mean building an entire Civic Center at one time. It was noted Plan "A" was approved by the Planning Commission. A copy of Plan "A" was displayed for the Council's review. Mr. Goggin stated Plan "A" is a conceptual design only. Mr. Thompson pointed out that a committee comprised of the Director of Community Development, City Engineer, City Planner, Chief of Police, and City Librarian inter- viewed the firms submitting proposals on the Civic Center. Mr. Spindel reviewed the procedure, whereby the City requested proposals for Library - construction, and in case the Library could not be built at this time, also requested proposals on a General Services Building. He said a request for proposals was submitted to many firms separately for construction management and separately for architectural design, and an overwhelming response was received from many prominent firms. Mr. Spindel commented on the committee's review of the proposals, the factors considered, and the following firms were selected and listed in the order of the committee's preference: Construction Management William Simpson Construction Company Turner Construction Company Architectural Design Stanton, Stockwell/Henningson, Durham, and Richardson Welton Becket Associates Neptune & Thomas Associates In conclusion, Mr. Spindel said the committee recommends if the Council decides to retain consultants that the retention be based on the evaluations of the committee and in turn authorize the Mayor to execute agreements based on the proposals. Mayor Scotto asked about the possibility of the Council interviewing the consultants. Mr. Spindel stated it is possible, but it would mean the City would not be able to submit an application right away. Councilman Jennings stated his opposition to fast track construction. Councilman Miller left the meeting at 11:17 p.m. Mr. Jack Campbell, representative of William Simpson Construction Company, explained fast track construction is a common technique in building with many advantages for saving money and construction costs. He said he would be happy to respond to any questions. Mayor Scotto indicated she would like to talk to the consultants. Council Minutes 10/1;/76 -9- Councilman Miller returned to the meeting at 11:19 p.m. v 55s7 Mr. Spindel reviewed the application schedule in applying for Public Works Funds. It was pointed out that EDA will be accepting the first round of applications around October 22nd. If the City held off its application, it might be able to apply in the second round of applications if there are any funds left. Further discussion ensued. Councilman Miller stated he would not be reluctant to proceed with the Library with- out going to a vote of the people, but the entire Civic Center complex is another matter. He said he still feels the City's chance of receiving Federal Funds is remote. The City Attorney was execused from the meeting. Mrs. Catherine Walker mentioned AB 2882 permits school districts to make available to other entities or organizations property that is not in use, and she asked the City Council to obtain a copy of that bill. She pointed out that the City Library currently has enough volumes and periodicals to fill a space of 34,000 square feet and, therefore, feels the square footage of the Library should be at least 48,000 rather than the pro- posed 41,000. It was moved by Councilman Greene to wait until the school facilities report has been completed and received by the City Council before proceeding further on the Civic Center. No second. Mr. Spindel requested Council consideration regarding submitting an application for Federal funds on Public Works Projects. He questioned whether the storm drains would be ready in time, and this would require an expenditure of funds for consultants; however, there are other projects staff will be able to do in-house, such as curb and gutter reconstruction, gutter construction, and sidewalk construction gn Priority I streets only. Mr. Spindel mentioned an environmental impact report (EIR) would be req-ired'on_ the sidewalk construction and curb and gutter reconstruction because it would involve' removal of some trees. He noted the recommendation for retention of a consultant to prepare the EIR is $1,850. Councilman Miller asked Mr. Spindel if he is talking about deleting storm drains. Mr. Spindel replied yes. Responding to further questions, he said the only non - reimbursable amount the City will be spending is $1,850 for the EIR on sidewalk and curb and gutter construction; all of t°he other design would be done in-house. Mr. Spindel mentioned the projects under consideration are well over $1 million. It was moved by Councilman Miller, seconded by Councilman Jennings, and passed by the following vote to approve an application for all of the items in the original pro- posal with the exception of Rives School and storm drains and approve the spending of $1,850 for the Environmental Impact Report. AYES: 3 Council Members: Greene, Jennings, Miller NOES: 2 Council Members: Jackman, Scotto It was moved by Mayor Scotto that Downey's 20th Anniversary Program be held Satur- day, December 18, 1976, 7:30 p.m., in the Downey Theatre. A discussion was held regarding plans for the program. The Council Members concurred with the motion. Mr. Spindel invited the Council to attend the Rotary Club's annual Pancake Break- fast at the YMCA on October 23rd. Councilman Jennings suggested holding a joint meeting between the City Council, Planning Commission, and Mr. Carl Newton of the City Attorney's office to discuss the legality of zone exceptions. He pointed out the City has a General Plan but the land has not been zoned in conformity with the General Plan. Mr. Goggin noted staff is operating under the present ordinance and a new Zoning Ordinance is needed. Staff was requested to review this matter and report back to the Council. There being no further business to come before the City Council, the meeting was adjourned at 12:00 midnight. Robert L. Shand, City Clerk -Treasurer X az�N. Scotto, Mayor Council Minutes 10/12/76 -10-