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HomeMy WebLinkAboutMinutes-02-22-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 22, 1977 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION• Presentation to James Jarrett Removal of Items from Consent Calendar Minutes, Adjourned Meeting January 3, 1977 Approved Appointment of Mr. Robert Weber to Rose Float Association, Dist. 2 Approved Appointment of Ben & Opal Henn to Rose Float Association, Dist. 3 Approved Denial of Legal Claim, Ref. #313 Approved General Warrants #150493-150903; #203202-203253 Approved Status Report of Public Works Projects, first six months 1976-77 Approved Minutes, Regular Meeting February 8, 1977 Approved as corrected Correspondence from Downey Symphonic Society Further action deferred re Contract with City to March 8th Ordinance Amending DMC Addg. Art. IV, Secs. 4408 - 4430, re Bingo Games Failed Ordinance Amending Part 8, Chptr. 1, Art. III, re Traffic Regulations - Bicycle Riding Introduced Resolution #3377, Ording Dir. Comm. Dev, to Make Report (Annex. 77/1, Everest St.) Adopted Engineer's Report (Annex. 77/1) Received & filed Resolution #3378, Decl. Int. to Annex to City Ltg. Dist. (Annex. 77/1, Everest St.) Adopted Resolution #3379, re Destruction of Records no Longer Needed Adopted Resolution. #3380, re Expansion of Downey City Water Div/Finance Dept. Adopted Downey Meals on Wheels - Letter suggesting Amount to be set aside in next monthly payment be discontinued Budget but held in abeyance Resolution #3381, Appropriation of Match Funds for 3rd 12-month Funding SEBIT Adopted SEBIT Grant: Approp. $4083 in General Fund to provide Downey's share of match funds for 3/1/77 to 3/31/78 Approved S.S. Proj. #309, Gardendale St., Downey Ave. to Lakewood B1.: Award to West Coast Paving Approved CC #SS-321, Wheelchair Ramps, Various Locations: Acceptance of improvements & auth. transfer of funds Approved Sidewalk Matching Funds, M.F. #477 Alcoholic Beverage Use in Downey Theatre Apollo Park .Neighborhood Center - Group Use, Room Assignments & Basic Rental Schedule Apollo Park Neighborhood Center Approved Failed PAGE NO. 1 1 1 1, 5 1, 5 1 1 1 2 2 3 3 4 4 4 4 4 2 5 5 5 Il Referred to Recreation & Community Services Comm. for further study 7 Consensus of Council that groups move into building ASAP 7 Page 1 of 2 COUNCIL MINUTES, FEBRU RY 22, 1977 TABLE OF MINUTE ACTIONS SUBJECT: Independence Park Tennis Concession; Reject Bid Proposals & auth. staff" to negotiate with bidders, Tennis Today & Racquet Co. ACTION: Motion withdrawn; to be resubmitted next meeting Auth. Fire Chief to fill three positions at Fireman Level Approved -- Renewal of Rio Hondo Golf Course Maintenance Contract w/Zeke Avila & Sons & provide increase for operational costs from $132,000-$145,000 per year retroactive to 11/1/76 & extend contract to 6/30/80 Authorized Request for hearing on Appeal, ZE Case #1322, 8408 Eucalyptus St. Resolution #3382, re City Personnel Dept Resume of Agenda Items 1977 Regional Transportation Plan: City Manager to write letter recommending to SCAG Transp. Util. Comm. Downey's strong stand protesting a "do-nothingY° plan for I-105 Freeway if EIR not completed & that either Mayor Scotto, On. Jennings, or Mr, Spindel attend meeting on February 24th Conservation of Water Refund of Utility Users Tax to Senior Citizens. I-105 Freeway corridor Set for 3/8/77 Adopted w/change (Personnel Officer) City Manager to combine resume w/Agenda to be made available for audience Approved Discussion Discussion PAGE No. 8 8 8 8 9 9 0 Hus 10 City Attorney to contact corridor cities re joining Downey in action to have abandoned homes removed 10 Oral Communications section_ of Agenda; Follow Agenda format for 2-months & handle oral communications as it occurs Approved Use of Reclaimed Water Petition of residents No Santa Ana Fray opposing freeway noise Lack of activities for teenagers in South Downey - Complaint of citizen Meeting adjourned to 5:30 p.m., 2/23/77, for study session on Comprehensive Zoning Ord. Staff to send letter to Sanitation Dist. 10 11 Mayor requested a Council Member be advised of any petition or occurrence in his or her dist. 11 Mayor to submit info to members serving on City -School Rec. Comm. 11 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 22, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., Febru- ary 22, 1977, in the Council Chamber 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. Sorenson, City Attorney Ervin Spindel, Director of Community Development John T. Neavill, Director of Parks and Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Robert Coates, Superintendent, Water Division Martin Wynne, Manager, Financial Systems John H. Saunders, Administrative Analyst Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Jackman, followed by the Flag Salute led by Councilman Jennings, Mayor Scotto presented a Certificate to James R. Jarrett for completion of a U.S.C. Discipline and Grievances Course. Removal of Items from Consent Calendar Agenda Items VIII-B, Minutes of Regular City Council Meeting of February 8, 1977, and VIII-B-1, Correspondence from Downey .Symphonic Society, were removed from the Con- sent Calendar. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes of Adjourned Regular Meeting of January 3 1977. Correspondence from Mayor Pro Tem Jennings regarding Appointment of Mr. Robert Weber to the Rose Float Association for District Two. (Also see page 5 .) Correspondence from Councilman Greene regarding Appointment of Ben and Opal Henn to the Rose Float Association for District Three. (Also see page 5 .) Denial of Legal Claim: Ref. #313, Alick Benner. General Warrants: #150493 - 150903• #203202 - 203253; $624,214 69 Status Report of Public Works Projects, first, six months 1976-77. The following corrections were requested for the Minutes of the Regular City Council Meeting of February 8, 1977: On Page 7, under Tax Impact Study Committee, the sentence "Councilman Miller indi- cated he would serve" should be corrected to read "Councilman Jackman indicated he would serve." On Page 1, 4th paragraph under Progressive Reorganization of Los Angeles County, the sentence "Mayor Scotto commented that approximately 20 South Bay cities are withdrawing from the County jurisdiction..." should be corrected to read, "Mayor Scotto commented that approximately 20 South. Bay cities have been considering the possibility of with- drawing...." Also noted was the correction issued by the City Clerk on page 4: In the last para- graph, third to last line, the third word should be changed from "bear" to "share". Council Minutes 2j22/77 -1- _.566 It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to approve t:-ne Minutes of the Regular City Council Meeting of February 8, 1977, as corrected. Correspondence from the Downey Symphonic Society regarding Contract between the City of Downey and the Symphonic Society. Mr.Neavili indicated it is his understanding the Symphony feels the contract pro- vision for a total of six concerts per year should not be spelled out in the contract. Also, he said, the Symphony has :indicated it could not retain its tax exempt status if it signed an agreement providing that upon its dissolution, all assets of the organi- zation become City property. Mr. Neavill stated a copy of the Articles of Incorporation. and Bylaws have been mailed to the City Attorney for review, He noted the Art Museum has also objected to the provision concerning their assets. Councilman Jennings requested Mr„ Neavlill to provide the Council with a written report as to the position the Recreation and Community Services Commission has taken regarding the two provisions in question and the research involved. Councilman Jackman said staff has recommended the Council meet with the Symphonic Society on March 8th.. Mr. Sorensen mentioned he hopes to have a response for the Council by that. time, Mr., bee Trafford, Chairman of the Downey Symphonic Society, commented on the status of reservations for the Symphony's concert to be held March 20th in the Dorothy Chandler Pavilion and urged the Council and staff to advise as soon as possible how many tickets they will need. He said he has been advised by Dr. Gallegos that the Board of Education has approved the Symphony's use of buses for transportation to the concert and in order to enable the school district to do this it should be done under the civic center pro- gram. Mr. Trafford .suggested exploring this possibility, and if it is necessary to enter into a contract, the Symphony will reimburse the City. Speaking to the proposed agreement, Mr. Trafford stated the Symphony objects to the inclusion of six concerts per year and certain other wording, and he will send to the City Attorney a copy of the agreement with amendments proposed. He said because the Symphony is on a tight budget, it is requested that two performances of the same concert: -- be considered two perforrmar_ces rather, than one, whereby under the proposed agreement signed by the City, dual performances the same weekend would only be considered one concert. As far as turning over assets to the City if the Symphonic Society should cease operation, Mr.. Trafford stated under California law in order to be a tax exempt corporation, there is a basic clause requiring any as::et:s in a nonprofit corporation be dedicated to a similar type nonprofit corporation. He noted the agreement also calls for liability insurance to be provided by the Symphony, and he suggested the possibility of a reciprocal clause, Mr. Sorensen asked Mr.. Trafford to send him a copy of the requested changes to the agreement for his review; if :he has any difficulty arriving at a result he will then. contact Mr. Trafford. Mayor Scotto a_-ked the Council Members if they would object to permit.t:ing another person to speak ar tom,.;,_ t.?,me, A discussion was b,eld regarding 4 enda format. Mayor Scotto favored allowing people to speak so long as they hold tbei.r comments to a limited time, Mrs. Jean. For_ee, 9548 B-ock Avenue, read a Letter from the Downey Meals on Wheels thanking the City of Doun-:.ey for is financialaid and suggesting that inasmuch as the Meals on Wheels is solve-t, that the monthly payment received from the City be discon- tinued as of March 1, 1977, Councilman Jennings suggested during budget sessions this spring that the regular amount be set aside for Meal.- on Wheels butheld in abeyance. ORDINANCE NO� AN ORDINANCE OF THE C`TY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING TO ARTICLE IV, SEC'1ONS 4408 T';RFOUGH 4430, WHICH SAID SECTIONS RELATE TO BINGO GAMES, The Ordinance 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 Greene to introduce the Ordinance. Council Minutes 2122/77 -2- _ 663 Explaining the reasons he is opposed to the bingo ordinance, Chief Morgan referred to sections of the proposed ordinance and said any nonprofit or charitable organization would qualify so long as it meets the requirements of Section 23701d of the Revenue and Taxation Code. He indicated he has many questions, such as what is a religious, scien- tific, literary, or educational organization, what is meant by testing for public safety? and he pointed out it is easy to obtain a tax exempt certificate. Chief Morgan suggested the names of the officers of the organization be included on any application, and the contents of the application should also provide that the City will be able to ask for additional information to assure that the money for which the organization is making, collecting, or soliciting is used for the purpose for which it is intended. He noted the City Attorney has said that any organization keeping over 60 percent of the money collected is running a business and is not nonprofit or charitable regardless of whether or not they have a tax exempt certificate. Chief Morgan cited his apprehensions for allowing different kinds of organizations to come into the City and say they are non- profit, charitable, scientific, literary, or educational in applying for a bingo license. He commented on the absence of a section preventing the sale of alcoholic beverages where bingo is carried on, and he distributed to the City Council a copy of the Second Interim Report of the Commission on Review of the National Policy Toward Gambling dated July, 1976, which discusses the consequences of bingo. He pointed out that bingo is not the harmless game people might think it is, and billions of dollars are used in the bingo games, much of which is run by organized crime. Mr. Sorensen explained at the time the ordinance was prepared, it was felt it covered as much as the State law would permit in regulating and limiting, and if the City decides to adopt a bingo ordinance it is his feeling the controls and limitations which each city can impose are somewhat restricted by virtue of enabling legislation. Councilman Jackman stated he would be unalterably opposed to a bingo ordinance in Downey, and he has not had any requests from constituents at any time asking that one be passed. Councilman Miller indicated he would not adopt an ordinance that would provide for $250 in prizes per game and the possibility of becoming a commercial operation. Councilman Greene and Mayor Scotto concurred with Councilmen Jackman and Miller. pA Mr. Frank Callegrino, member of the City of Downey Knights of Columbus, said they play bingo in the City of Bell Gardens at St. Gertrude's Catholic Church. He commented their games are played according to State law and noted that in six and a half months `they have turned over to the church $6500. He urged adoption of the ordinance. Mr. Wally Thiel, Business Manager, Pius X High School, commented on the increased expenses of the school and the need to raise revenue. Roll call vote on adoption of the Ordinance: AYES: 1 Council Member: Jennings NOES: 4 Council Members: Greene, Miller, Jackman, Scotto Failed. Councilman Jennings pointed out that the Council's request was to have an ordinancaa written in conjunction with the Chief of Police, which was not done. He cited the fact that all but one precinct in the City voted in favor of bingo, and now the Council has voted to change what the voters requested. Councilman Greene explained he has done a lot of research on this, and not one person has solicited his vote for bingo. Mayor Scotto suggested leaving this up to the people of the community. Discussion followed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PART 8, CHAPTER 1, ARTICLE III, OF THE DOWNEY MUNICIPAL CODE PERTAINING TO TRAFFIC REGULATIONS -- BICYCLE RIDING. 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. Council Minutes 2/22/77 -3- 1 i6 RESOLUTION NO, 3377 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 77/1 Everest Street) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman .Jackman, and so ordered to waive further readingo It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3377. Mr. Spindel reported on the installation cost and said the annual operating cost is as follows. First and second year, 36C per $100 assessed valuation; the third year, 12C per $100 assessed valuation based on the present Zone I rate. Roll call vote on adoption of Resolution No. 3377. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to receive and file the Engineer's Report. RESOLUTION NO. 3378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983. (ANNEXATION 77/1 Everest Street) 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. 3378, RESOLUTION NO. 3379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO THE DESTRUCTION OF RECORDS NO LONGER NEEDED. 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. 3379. RESOLUTION NO. 3380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO EXPANSION OF THE DOWNEY CITY WATER DIVISION/ FINANCE DEPARTMENT. 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 the following vote to adopt Resolution No. 3380. Mr„ Spindel explained the need to begin giving examinations for hiring personnel when the City takes over the water systems. He said the hiring of a temporary senior engineering aide at this time is necessary because of a tremendous amount of work to be done preliminary to taking over the operations. Councilman Jennings requested that the Park Water Company be carried as an Enter- prise Fund, separately and solely, and Southern California Water Company be carried as an Enterprise Fund, separately and solely, for an indefinite periods He indicated he does not think these should be intermingled in any way with the General Fund or any General Fund moneys be used or utilized unless they are transferred to that fund. Mr. Thompson responded that staff is attempting to work out something that will be satisfactory to the Council, and alternatives will be submitted with the budget presen- tation of the total operation. He said it will be an Enterprise Fund although it will be difficult to directly identify or separate all costs. Mr. Thompson stated every Council Minutes 2/22/77 -4- attempt will be made to keep a strict cost of the different water systems. Councilman Jennings pointed out it is important to him to be able to determine whether these two purchases are self-supporting. Mr. Thompson indicated that if it is the Council's desire to establish and set up separate funds it can be done, although it will create a lot of red tape and extra bookkeeping. He noted the same answers can be arrived at in a more simple way. Councilman Jackman agreed that there should be some way of showing whether these water companies are paying for themselves. Mr. Thompson stated staff will provide Council with an accounting that will show whether the systems are self-supporting. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto RESOLUTION NO. 3381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACKNOWLEDGING PROVISION FOR, AND APPROPRIATION OF REQUIRED MATCH FUNDS TO THE THIRD TWELVE-MONTH FUNDING PERIOD OF A PROGRAM ENTITLED "THE SOUTHEAST BURGLARY INVESTIGATION TEAM" 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 Greene, and passed by the following vote to adopt Resolution No. 3381. Chief Morgan commented on the City's matching funds for the three-year period and noted the City receives $10,725 for administering the program. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto The City Council voted unanimously to approve the appropriation of $4,083 in the General Fund to provide for the City of Downey's share of local match funds on the Southeast Burglary Investigation Team (SEBIT) Grant for the period March 1, 1977, to March 31, 1978. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to award S.S. Project No. 309, Gardendale Street, Downey Avenue to Lakewood Boulevard, in the amount of the unit prices bid, to West Coast Paving Company, the lowest and best bidder. Mayor Scotto asked if the portion of the street that will be removed if the 105 Freeway goes through will be resurfaced and not reconstructed. Mr. Henriksen replied there would be both reconstruction and resurfacing; however, on the street portion there would be more resurfacing than reconstruction. He said it was felt by staff that in view of the fact there is considerable cross fall on the street, it would be a disservice to the motorists on Gardendale not to do a first-rate job all the way through; also, in view of the agreement with the City of Paramount who is contributing to the job, it is felt this would be imperative. For the record, Councilman Jennings stated he has a Little knowledge of street work over the last 30 years, and it is his opinion the City's Public Works Department is very careful in the amounts of money it spends and is tenacious in trying to retain a street to shreds before repairing it. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Councilman Jennings mentioned the Council voted to approve Appointments to the Rose Float Committee under the Consent Calendar, and he would like to vote on them indi- vidually. He introduced Mr. Robert Weber, his appointee to the Committee. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the appointments of Robert Weber, and Ben and Opal Henn to the Rose Float Committee. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to accept the improvements completed in conjunction with Cash Con- tract No. S.S.-321, Wheelchair Ramps, Various Locations; accept responsibility for main- tenance thereof; and authorize the following transfer of funds: Amount From To $300 Fund 26 Balance A/C No. 26-1-6183 Council Minutes 2/22/77 -5- 56 Responding to an inquiry, Mr. Spindel explained these wheelchair ramps are not required by law and are being put in as a service to the handicapped people at recom- mended locations. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to approve Sidewalk Matching Funds at the following location: Estimated M.F. No. Address City Cost 477 8621 Birchbark $293.00 Councilman Jennings asked why the City does not require sidewalks when issuing permits for new homes in the R-1 zone. Mr. Spindel replied the.oxdinance as presented requires R-2 and above, which was the desire of the Councilmat that time. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jennings and seconded by Councilman Miller to approve Alcoholic Beverage Use in Downey Theatre and refer it back to the Recreation and Com- munity Services Commission for updating for further action. Councilman Miller said there are ample places within the City where people can hold receptions and serve alcoholic beverages. He sees no need for serving alcoholic beverages in the theatre. Mayor Scotto and Councilman Jackman concurred. AYES: 2 Council Members: Greene, Jennings NOES: 3 Council Members: Miller, Jackman, Scotto Failed, It was moved by Councilman Jennings and seconded by Councilman Jackman to approve the guidelines for group use, room assignments and basic rental schedule for Apollo Park Neighborhood Center. (See further motion.) Responding to questions, Mr. Neavill explained the basic rental fee of 20C (per square foot) is recommended; over and above that, any additional maintenance and utility services would be paid by those groups who have indicated their ability and willingness to pay; and if a group desires to utilize the City's services, an additional amount would be placed on the rental bill. Mr. Neavill indicated he feels any broken windows or acts of vandalism should be paid for by the City. He stated contracts would be drawn up for all groups that would be utilizing space at the facility. Mr. Neavill pointed out it has not been possible to accommodate the requests of the Downey Youth Band and the Downey Meals on Wheels. He noted the Downey Art League was assigned room 8. He said the Family Service Agency has submitted its final request defining the square footage required, and the best arrangement that could be made was to assign rooms 7, 8 and the library. Mr. Neavill indicated staff has informed the Downey Art League of the situation and that they could occupy room 2 which would be completed as well or better than room 8. He advised that all of the groups using the north wing would be a five day per week, eight hour per day operation. Mr. Neavill stated the broken or cracked windows are not being replaced at this time but have been boarded up with plywood. Mr. Jim Jarrett advised that the Angeles Girl Scouts would like to open a branch office for training of their local leaders and provide a localized service in this area. Mr. Neavill explained the 20C per square foot was established after discussion with a real estate broker who deals in commercial rental properties. Responding to question regarding whether the Recreation and Community Services Com- mission has reviewed this matter, Mr. Neavill replied that the Commission is apprised of staff's negotiations with each of the groups but has not szen the recommendation now before the City Council. Councilman Greene said unless there is some urgency, the Commission should see this prior to a vote by the City Council. Discussion followed. Mrs. Leona Aldridge, member of the Recreation and Community Services Commission, stated concern as to whether there is adequate space allotted to Downey groups. Council Minutes 2/22/77 -6- Mr. Mike Huggins, member of the Recreation and Community Services Commission, said the Commission reviewed this matter with concern that it not be turned into a commercial use. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by unanimous vote to refer the Group Use and Rental Schedule for Apollo Park Neighborhood Center to the Recreation and Community Services Commission for further study. Mayor Scotto declared a recess at 9:41 P.M. The meeting resumed at 9:56 p.m., with all Council Members present. Continuing with discussion on the Apollo Park Neighborhood Center (Rives Avenue School), Mr. Neavill introduced Mr. Larry Medeiros, a resident of Downey and graduate student at California State University at Long Beach, who is doing his master's thesis. He said Mr. Medeiros asked if he could do a review of the social needs in Downey, par- ticularly as it relates to the Rives Avenue School, and it appears he is well qualified. Mr. Larry Medeiros indicated his thesis will relate directly to the integration of activities of a multiple services center. He said upon completion he will make his thesis available to the City, the target date of which is June 30th. Councilman Jennings commented $30,000 was appropriated for renovating the build- ing, and close to $5,000 of that amount has been spent, mostly for an irrigation system. He estimated it would cost approximately $24,000 to have the exterior painted, and not- ing the broken windows and improper restrooms, he suggested the Council authorize the City Manager to take another $30,000 out of the Community Development Funds, adding it to the previous $30,000 so that the City will have a first-class facility ready for occupancy. Councilman Jackman stated he does not believe anyone should move into the building until it is rehabilitated to a first-class condition. He said his estimate is five times greater than the figure estimated by Councilman Jennings. He indicated he would like to see a master plan of the work to be done and the cost to put the building in first-class condition. It was suggested in the meantime the groups be allowed to move into the facility. - Mr. Thompson indicated occupancy of the building would help preserve the structure and grounds as far as vandalism is concerned. He stated that during price negotiations with the Superintendent of Schools for purchase of the Rives Avenue School, which was over $600,000, the price was lowered to an amount bid by the City based on an estimate of the amount it would take just to meet the minimum code standards for someone to move in. He mentioned if the Council desires, Revenue Sharing moneys could be used to add in this process, and the second alternative would be to add the additional financial requirement into the next year's funding of Housing and Community Development (HCD). The City Manager was directed to report back on the work to be done and the costs. Councilman Jackman asked if the lights at the facility could be turned off during daylight hours. Mr„ Neavill replied they can be manually turned off five days a week. Mayor Scotto noted it was a consensus of the Council that the groups be moved into the building as soon as possible. It was moved by Councilman Jennings and seconded by Councilman Jackman to remove Item No. 3 under the Volunteer Service Recognition Standards and adopt the balance. It was moved by Mayor Scotto and seconded by Councilman Greene to amend the previous motion to approve the Volunteer Service Recognition Standards including Item No. 3. Councilman Jennings commented on the past procedure to present to the outgoing Mayor a plaque with mounted gavel and engraved band, a certificate of Mayorship, and a lapel pin. Mayor Scotto expressed a desire to amend the amended motion to include Item 3, includ- ing the certificate and the pin. The amended motion and second were withdrawn. Roll call vote on the original motion: AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto Council Minutes 2/22/77 -7- r It was moved by Councilman Jennings and seconded by Councilman Jackman to reject the bid proposals for Independence Park Tennis Concession and authorize staff to negoti- ate with bidders, Tennis Today and the Racquet Company, with the stipulation that he be furnished a copy of the bids. Councilman Jackman also asked to see a copy of the bids. Mr. Thompson asked that the motion be withdrawn and staff will resubmit the entire package. The motion and the second were withdrawn. Mr. Jack Bushman of Bushman Ski and Sports, 8240 Firestone Boulevard, addressed the City Council and requested permission to meet with Mr. Neavill and submit a bid on this matter. He commented on the capability of his company to organize the tennis program. Mr.. Thompson said staff could negotiate with Mr. Bushman after the bids are rejected, but this will have to be resubmitted first for Council action. Mr. Sorensen stated after a bid package is submitted the Council may take such action as it wishes; if it rejects the bids, it can then authorize staff to negotiate and bring back a proposal at some later time. He pointed out there are no statutory requirements or ordinances indicating these matters must be put out to bid. Mr. Bushman was asked to contact Mr. Neavill. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to Authorize Fire Chief to fill Three Positions at Fireman Level. It was moved by Councilman Jennings, seconded by Councilman Greene, and pass b the following vote to authorize Renewal of Rio Hondo Golf Course Maintenance Contract with Zeke Avila & Sons and provide an increase for operational costs from $132,000 to $145,200 per year retroactive to November 1, 1976, and extend the contract to June 30,1980. Mr. Neavill explained the Recreation and Community Services Commission is aware of negotiations and discussions on the contract, but the specifics of the contract have not been discussed with the Commission because it is a renewal with an increase and not an entirely new contract. Discussion ensued. Councilman Jennings reviewed the City's purchase of the golf course. Mr. Neavill stated the City furnishes the majority of the golf course equipment, and the contractor provides a portion of his own equipment, which he is not required to do under the contract. He suggested selling the City's equipment to the contractor in order to remove it from the equipment fund, which the City could repurchase if the con- tract is terminated. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Request for Hearing on Appeal to Zone Exception Case No. 1322 8408 Eucalyptus Street. Mr. Goggin stated the request includes multiple items, some of which are not germane to the case. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to set a hearing on Appeal, Zone Exception Case No. 1322, for 7:30 p.m., March 8, 1977. CITY MANAGER'S REPORT Mr. Thompson reported on the recommended Establishment of a Personnel Department, Authorization to Hire a Personnel Director, and Establishment of the Position of Assist- ant to the City Manager. He indicated there are countercyclical funds of $36,970 which must be committed by the middle of May, and there are limitations that the funds must be used for ongoing operations. Mr. Thompson stated the major duties of a Personnel Director would be to meet and confer and handle major contracts which have grown to a heavy load in the last year, and he feels there should be more work in employee relations by handling grievances and other employee matters. He requested approval and authoriza- tion to proceed. Council Minutes 2/22/77 -8- RESOLUTION NO. 3382 '69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO THE CITY PERSONNEL DEPARTMENT The Resolution was read by title only. It was moved by Councilman Jennings, sec- onded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Greene to adopt Resolution No. 3382. (See amended motion.) Councilman Jennings questioned establishing the title of Personnel Director. Mr. Thompson replied he feels the position should be on a level where he could directly work with department heads, it would be a one person department, and the posi- tion should report directly to the City Manager. Councilman Jennings disagreed with setting up another department in the City. Mr. Thompson said the title could be changed to Personnel Officer. Discussion followed. Councilman Jackman inquired if the position will be filled in time for labor negoti- ations this year. He requested further recommendation on this. Mr. Thompson noted it will take time to get the program going, and in the meantime, it may be necessary to hire part-time outside help. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to amend the previous motion and adopt Resolution No. 3382 with the change (from Personnel Director to Personnel Officer). Mr. Thompson commented on the preparation of a Resume of Agenda Items which has been submitted to the City Council, and he inquired if it was of assistance to the Council in its review of the Agenda. Councilman Greene said he enjoyed using it. Councilman Miller indicated he found it helpful. Councilman Jackman stated he personally did not find it helpful. Councilman Jennings indicated that by thoroughly reading his packet material he would not need a resume, and he considered it an unnecessary expense to have it prepared. Mayor Scotto commented on the format in use by the City of Manhattan Beach. She favors combining the resume with the Agenda to be made available for the audience rather than having a separate resume report.Mayor Scotto said if no objections, she would like the City Manager to prepare an agenda resume using the Manhattan Beach format. No objections were stated. ORAL COMMUNICATION Councilman Jennings explained the 1977 Regional Transportation Plan will be submitted to the SCAG Transportation Utilities Committee on February 24th, and then to the SCAG Executive Committee for final adoption in April, 1977. It adopts and recommends no action for the I-105 Freeway. He said the supporting statement is that if the EIR is not com- pleted the City should do nothing, and he suggested the City protest this both by letter and in person. Mayor Scotto advised that she serves on the steering committee, and when the subject came up there was a request of staff to meet with Caltrans to look at the EIR. She indica- ted a recent report suggests provisional support for the Freeway, and it has been called to the City's attention that if it wants to build the Freeway it should consider provisional tax money. She commented further regarding her views of a provisional plan and said the final EIR has not been released and will not be final until approved by Sacramento. Mr. Sorensen indicated the Federal Government would have to approve the plan because of the Federal Funding. Mr. Spindel stated the corridor cities have strongly supported building the Freeway as a vital link in the plan, and it should be shown as part of the Regional Transportation Plan because when and if the injunction is lifted the Federal Highway Administration will be able to fund the project. Council Minutes 2/22/77 -9- 5670 Discussion followed. It was moved by Councilman Jackman, seconded by Councilman Jennings, and passed by the following vote to have City Manager write a letter recommending to the SCAG Trans- portation Utilities Committee that Downey is taking a strong stand protesting against a plan to do nothing for the I-105 Freeway if the EIR is not completed, and that either Mayor Scotto, Councilman Jennings, or Mr. Spindel attend the meeting on February 24th. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto Councilman Greene asked what is being done to encourage the Conservation of Water in the City. Mr. Spindel replied letters have been mailed out with the last water bill urging water conservation; the Water Board will be meeting to discuss; and it is believed a voluntary program should be instituted. He said traditionally, the higher water user receives a lower rate, plus there is a minimum rate for an amount of water used up to 2000 cubic feet for a two -month period. Mr. Spindel advised that there is no emergency in Southern California, but it is a matter of diverting water for use in the San Joaquin Valley. Discussion followed. Councilman Miller asked if the Refund of Utility Users Tax to Senior Citizens comes from the Enterprise Fund or the General Fund. He referred to the refunds contained in the warrants as Fund 10-31510, and inquired if the rubbish refund is combined with the Utility Users Tax refund. Mr. Wynne replied the rubbish should be charged against the Franchise Revenue, whereas the Utility Users Tax is,gharged against Utility Users Tax revenue, but both would be charged against Fund 10.. Discussion ensued. Councilman Jackman inquired if the City Attorney had any information regarding the cost of any court procedure necessary to have the houses removed from the I-105 Freeway corridor. Mr. Sorensen replied it is difficult to give an estimate, but it would be based upon fees involved in similar litigation depending on the resistance or success, and could run anywhere from $10,000 to $20,000. He said originally he represented most of the corridor cities in an intervention proceeding, and he could inquire if they are still interested in pursuing this. Councilman Jackman favored inquiring of the other corridor cities regarding their interest in joining with the City of Downey on this matter. Mr. Sorensen pointed out that in the Pasadena case there was a motion telling the State to set timetables for completing the EIR, and he can proceed in that direction if the Council is interested. Mayor Scotto also asked the City Attorney to inquire regarding the status of the EIR. Speaking to the Oral Communications section of the Agenda, Councilman Jackman men- tioned a memorandum from Councilman Jennings suggests starting the Council Meeting at 7:00 p.m. with the first half hour designated for public input. He concurred with this suggestion. Mr. Sorensen stated the Council can change the meeting time to 7:00 p.m., with the first agenda items being public discussion limited to one-half hour --any public hearings would be set for 7:30. He said if people were not present to speak at 7:00, the Council could use that time to take up other items on the agenda except for the hearings. Mr. Sorensen indicated if the Council wanted to try the procedure without amending the ordi- nance, it can adjourn a proceding meeting to the next meeting to begin at 7:00 p.m. Councilman Jennings said he would object to having two sessions of oral communications. Mayor Scotto favored setting a time Limit for speakers. It was moved by Councilman Greene to follow the Agenda format for two months and handle oral communications as it occurs on the Agenda. Mr,. Sorensen said anyone wishing to speak regarding a particular item could be heard at the time that item is considered by the Council. Council Minutes 2/22/77 -10- 5671 The motion was seconded by Councilman Miller and passed by the following vote: AYES: 4 Council Members: Greene, Jennings, Miller, Jackman NOES: 1 Council Member: Scotto Mayor Scotto requested a letter be sent to Mr. Parkhurst, General Manager of the Sanitation District, inquiring regarding the Use of Reclaimed Water, particularly for Wilderness Park. Mr. Spindel explained effluent water is being used and is going into the under- ground water supply; and there is some water coming from the San Jose Creek plant which discharges into the San Gabriel River. He pointed out a Lot of the water is from or waste and some is good quality; also, at the time of building the lake at Wilderness Park, the City was informed that the water was not high enough quality for that type of use. Mayor Scotto spoke regarding a petition of residents north of the Santa Ana Free- way opposing the freeway noise. She asked that any time something of this magnitude occurs and submitted to the City, the Council Member whose district is involved should be notified. Mayor Scotto then commented on receipt of a call concerning lack of activities for teenagers in South Downey. She stated she will submit the information to Council Mem- bers serving on the City -School Recreation Committee. At 11:49 p.m., Mayor Scotto adjourned the meeting to 5:30 p.m., February 23, 1977, in the Council Chamber of the Downey City Hall, for study session on the Comprehensive Zoning Ordinance concerning design review and enforcement. Robert L. Shand, City Clerk -Treasurer HazelScotto, Mayor Council Minutes 2/22/77 -11-