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HomeMy WebLinkAboutMinutes-03-22-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 22, 1977 TABLE OF MINUTE ACTIONS SUBJECT - Presentation to Robert L. Shand, Certified Mznicipal Clerk Resolution #3386, Ordering Annex. to City Ltg. Dist. (Annex. 77/1 Everest St.) Appeal, ZE Case #1322, 8408 Eucalyptus St. Resolution #3387 of denial Appeal, ZE Case #1322: Amend Condition #6 to provide for 6-to-7 foot masonry wall 1977-78 Third Year Housing & Community Development Block Grant Appl. Appeal, ZE Case #1327, 12111 Lakewood Bl. Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtg. January 1.0, 1977; Reg. Mtg. March 8, 1977 Correspondence from County Dept. Health Services re Public Hearing on Noise Ordinance Denial of Legal Claim, Ref. #316 General Warrants #151178-151551; #203284-203333 ACTION: PAGE NO. Adopted 1 Adopted 2 Approved 2 Approved 3 Intent to deny & uphold Planning Comm. decision; staff to bring back resolution 4 Approved Filed Approved Approved Correspondence from PUC re Appl. of So. Cal. Edison Co. for offset Rate Adjustmt. (Appl. #57111) & Correspondence from PUC re Appl. of So CalGas Co for Solar Energy Program (App1. #57032) No action per Mayor's request Correspondence from Downey Comm. Hospital re City Mgr. to report back re Five percent rate increase - Ancillary Service prior rate increases Correspondence from County Board of Supervisors City Mgr. to prepare response re Request for cities to join in pledge not to for circulation to Council increase Property Taxes in 1977-78 Budget Cash Contract #SS-318,S1urry Seal Fiscal Year 1976-77: Specs & grant auth. to adv. for bids Approved CC #399, Alleys W/o Downey Ave. N/o 7th St., N/o Firestone Bl., Pomering Rd. to Wiley -Burke Ave.: Plans & specs & grant auth. to advertise for bids Approved Resolution establishing 6-9am parking restr. - along N/s Firestone B1. from Brookshire to WCL & 2-hr prkg. restr. from gam-6pm N/s Firestone Bl. bet. Brookshire & Rives & rescinding Res. #1306 & portion of Res. #779 Taken under submission Resolution #3388, Est. Parking Restr. in Public Parking Lot #8 (temporary) located NE Corner Firestone B1. & Dolan Ave. Adopted Resolution #3389, Req. Suva St. Traffic Stop at intersection with Wiley -Burke Ave. Adopted Agreement with Downey Symphonic Society: Confirm position & Rec. & Comm. Serv: Comm. & ask Symphonic Society to sign agmt. Approved 4 4 4 4 4 4 5 5 5 5 6 6 7 8 Page 1 of 2 MINUTES OF CITY COUNCIL, MARCH 22, 1977 TABLE OF =JTE ACTIONS SUBJECT: League of California Cities - Assessment for Headquarters Building: One lump sum pymt Sunday opening of City Library: Oral report by Gloria Heer League of California Cities - Assessment for Headquarters Building: Authorize appropriation from Unappropriated Balance of General Fund Report on Street Cleaning Restr. request, E/s Downey Ave. bet. Sixth & Seventh Sts. Estimate of costs for Apollo Park Neighborhood Center Remodeling Sidewalk Matching Funds, M.F. #480 & 481 Chapter 22 Procedure for Sidewalk Repair Los Angeles County Service Area 1-77 to be held 4/13/77 Resolution #3390, Auth. Use of Local Agency Investment Fund Under Office of Calif. State Treasurer as Investment Media Alternative Labor negotiations: Contract w/Nelson, Kirshman, Goldstein & Rexon Posting of Smoking areas in public meeting - rooms and public assembly rooms Accounting method for Park Water & Southern Calif. Water Companies Facilities Purchase: Method No. 2 Skateboard Ordinance Mayor Scotto requested change in the official visit of Guadalajara representatives Agenda explanation sheet Adjourned to 5:30 p.m., March 24, 1977 for study session on Comprehensive Zoning Ordinance ACTION: Approved Approved For information only No action Approved Taken under submission On. Miller designated as City's representative Adopted Approved City Mgr. to bring back 3/24 list of areas to be posted Approved Ref. to staff for preparation Discussion PAGE NO. 8 8 8 9 9 9 9 01 9 9 10 10 11 11 11 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 22, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 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 Royal M Sorensen, City Attorney 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 Martin Wynne, Acting Director of Finance John H. Saunders, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Greene, followed by the Flag Salute led by Kathleen Olson and Wendy Thompson, members of the Downey 4-H Club. With the assistance of Councilman Jennings, Mayor Scotto presented a plaque desig- nating Robert L. Shand as a Certified Municipal Clerk. Mayor Scotto declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 76/1 Everest Street. She inquired if the City Clerk had the Affidavits of Posting and Publication, 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 Affidavits. Mayor Scotto inquired if the City Clerk had received any written protests or objec- tions, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in protest to the Annexation, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. RESOLUTION NO. 3386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANU- ARY 31, 1983 (ANNEXATION 77/1 Everest Street) 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, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3386. Appeal, Zone Exception Case No. 1322, 8408 Eucalyptus Street Mr. Goggin explained the public hearing was closed; the appeal was taken under submission for the City Council and Fire Chief to look at the property; and the matter before the City Council is to either approve the appeal or uphold the decision of the Planning Commission. Chief Wood stated in reviewing the church property it was noted the church could build to the front without any problems and would not alter access to the property Council Minutes 3/22/77 -1- whatever. However, if the church built onto the back of the property, there would be some modifications required in the water system. He said if the zone exception is approved, it is recommended a fire gate be provided for access off the intersection of Eucalyptus and Glynn with no curb depression; also it is recommended there be no future access for ingress and egress by members of the church. The dedicated access would be for the Fire Department. Councilman Miller asked if the sideyard setback would be sufficient if the church were to extend the present structure out toward the street. Mr. Goggin replied there would be greater setback on the south side and because the projected building would cover approximately two-thirds of the lot, there would be considerable sideyard on the south side. Councilman Greene noted the air conditioning unit on the roof and said it is visible from a long way to the north. Mr. Goggin pointed out this request is only for a parking area; at the time the church comes in for a building permit and a request for addition to the structure, that is the time the structure could be altered and required to be screened off. It was moved by Councilman Jennings that the appeal be denied and the decision of the Planning Commission upheld. Mr. Sorensen advised that if the Council is desirous of denying the appeal or approving the zone exception, there are some findings which should be made. He said a resolution containing suggested findings was prepared by his office -in -conjunction with the City Planner and is based on the testimony presented at the hearings before the City Council and Planning Commission; or another set of findings has been prepared if the Council wants to grant the appeal and deny the zone exception. He noted the decision as to the findings is entirely the Council's prerogative. RESOLUTION NO. 3387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL IN ZONE EXCEPTION CASE NO. 1322. The City Attorney read the title and the Resolution in substance only. Councilman Jennings withdrew his motion to deny the apeal. Councilman Miller asked if the condition for a fire gate would have to be referred back to the Planning Commission. Mr. Sorensen replied the condition can be added without going back to the Commission, but it would be a separate motion to add to the conditions. The first motion would be to add to the conditions and then a motion to waive and adopt the Resolution. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote that the condition requiring a fire gate at the intersection of Glynn and Eucalyptus be added to the conditions as set forth in the Planning Commission decision; the gate would be the same height as the wall and twelve feet wide. Mr. Goggin said this would be added to Condition No. 6. It was moved by Councilman Miller to amend wall height in Condition No. 6 to a 6' to 7' masonry wall. The motion died for lack of a second. Roll call vote on motion requiring a fire gate: AYES: 3 Council Members: Jennings, Jackman, Scotto NOES: 2 Council Members: Greene, Miller It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to amend Condition No. 6 to provide for a 6' to 7' masonry wall. AYES: 4 Council Members: Jennings, Miller, Jackman, Scotto NOES: 1 Council Member: Greene Councilman Miller pointed out the property the church proposes to purchase will not have ingress or egress onto Eucalyptus or Glynn. He asked if the church were to acquire the residence to the east in the future, would the church automatically have ingress and egress? Mr.. Coggin replied no. The property is a R-1 lot and the church could not use the property for church purpose until a zone exception was approved. Then, he said, if the request were approved to continue the parking area, he would assume the non -access clause would be applied. Council Minutes 3/22/77 -2- It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to waive further reading of the Resolution. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3387. AYES: 4 Council Members: Jennings, Miller, Jackman, Scotto NOES: 1 Council Member: Greene Mayor Scotto declared that this is the time and place for the public hearing on 1977-78 Third Year Housing and Community Development Block Grant Application, as required by Federal Regulations concerning citizen participation, which was continued from the regular City Council Meeting held March 8, 1977. Mr. Thompson reported two hearings are required for input relative to Application for the Block Grant Program as outlined. The funds, he said, would be available for the 1977-78 fiscal year, adding to the program which was instituted during the last two years. Mayor Scotto inquired if there was anyone present who wished to speak regarding the Application, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and so ordered to close the hearing. Councilman Jennings asked if Item B-2 on Page 5 refers specifically to the Rives School. Mr. Saunders said yes. A discussion was held regarding $160,000 estimated for remodeling the Apollo Park Neighborhood Center (Rives Avenue School). Councilman Miller asked if this would be a program of assisting the homeowners. Mr. Thompson replied anyone required to bring their housing up to code would be informed of the availability of the program. Councilman Miller noted 360 of the 441 homes slated for rehabilitation are renter - occupied. He questioned whether absentee owners would need help in bringing their houses up to code. Mr. Thompson said this would have to be handled on an individual basis to make that determination and whether they would qualify. Councilman Jennings stated a home that is rented is a commercial venture and should be low on the priorities. Councilman Miller called for emphasis in the direction of assisting senior citizens and also a code enforcement program on the absentee owners. It was moved by Councilman Jennings, seconded by Councilman Miller, and passed by unanimous vote to approve the 1977-78 Third Year Housing and Community Development Block Grant Application. Councilman Jennings indicated he can see no reason to wait on a program such as this in order to bring commercial rental units up to code. Mr. Thompson stated the City does not have a housing inspector as such, and 90 per- cent of the building inspectors' time is taken up primarily with Building Code work rather than Housing Code. Commenting on senior citizens who cannot afford higher rents, Mayor Scotto asked about considering a low interest rate in order to retain the level of rent. Councilman Jennings noted the rents are set at a maximum a person on Social Security can pay, and usually when Social Security increases the following month the rent also increases. Councilman Miller inquired regarding status of the Section 8 Rental Program. Mr. Saunders replied that with the change in Administration, the allocated units - were frozen with a new date set for July. He said he has read in the newspaper that additional or increased Section 8 funds will be made available, so the program is "up in the air". Mayor Scotto declared that this is the time and place for the public hearing on Appeal, Zone Exception Case No. 1327, 12111 Lakewood Boulevard. 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 Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Council Minutes 3/22/77 -3- Mr. Goggin commented the rear half of Ben's TV has been converted to a single family residence for the operator of the TV store --it is a violation of the ordinance and requires an approved zone exception before it can be authorized. He said the zone exception was denied by the Planning Commission on February 2nd, and the applicant is appealing that decision. Mayor Scotto inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Scotto inquired if there was anyone present who wished to speak in favor of the Appeal. Mr. David Cheatham, representing Ben's TV and Appliances, said his clients contend that this would not be a grant of special privilege but would deprive them of privileges enjoyed by 358 people within 500 feet of this property who sleep on the premises; also, there is a laundry with living quarters on the second floor. He stated his clients further contend the zone exception would have a positive affect on the neighborhood by allowing the presence of someone on the premises 24 hours a day, and he believes this has depressed the burglary and theft statistics in the immediate area. Referring to Section 9130 of the Downey Municipal Code, Mr. Cheatham indicated denial of the case would place an unnecessary hardship on his clients, and the Bernards are requesting they be permitted to maintain their caretaker's quarters in the business until they can find another facility they can utilize. They have 18 months to continue with the present lease. He mentioned he has submitted three Letters in favor of the zone exception. Councilman Greene asked Mr. Cheatham where the 358 people referred to are sleeping. Mr. Cheatham replied in the convalescent home. Mr. Goggin pointed out the laundry referred to has not been in operation for some time. There being no one else wishing to speak in favor of the Appeal, Mayor Scotto then. inquired if there was anyone present to speak in opposition, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Jackman, ar.d so ordered to close the hearing. Councilman Miller asked if any other applicants have been granted such a zone exception. Mr. Goggin replied there have been cases as industrial uses where someone was needed for a guard, and these have been approved. He pointed out the C-4 zone of this property does not permit residential uses and, therefore, a Conditional Use Permit would not apply It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote that the applicant's appeal be denied and the Planning Commission's findings be upheld. Mr. Sorensen asked if the motion could also be treated as a direction to staff to bring back an appropriate resolution. Councilman Jennings replied yes. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto The following Agenda items were removed from the Consent Calendar: VIII-B-2, Correspondence from Public Utilities Commission. VIII-B-3, Correspondence from Public Utilities Commission. VIII-B-4, Correspondence from Downey Community Hospital. VIII-B-S, Correspondence from Los Angeles County Board of Supervisors. VIII-C-1, S.S. Project No. 318. VIII-C-2, Cash Contract No. 399. It was moved by Councilman Jackman, seconded by Councilman Jennings, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meeting, January 10, 1977: Regular Meeting, March 8. 1977. Correspondence from Los Angeles County Department of Health Services regarding Public Hearing on Noise Control Ordinance. Denial of Legal Claim: Ref. No. 316, Glenis I. Sweet. General Warrants: #151178 - 151551; #203284 - 203333: $620,514.56. Correspondence from Pacific Utilities Commission regarding Application of Southern California Edison Company for Offset Rate Adjustment (App1. No. 57111), and Correspond- ence from Public Utilities Commission regarding Application of Southern California Gas Company for Solar Energy Program (Appl. No. 57032). Mayor Scotto stated these are important items but she does not feel the City should support or oppose them. Council Minutes 3/22/77 -4- Councilman Jennings noted the City Council is on record as having requested staff to automatically write a letter to every PUC rate increase. Mr. Thompson indicated the City does send letters on the items relating to increases in rates, other than "blanket" increases not requiring PUC hearings. However, he said, there is a problem of providing the kind of staff study to make a meaningful objection, and the City does not have staff that can do that. There being no objections, it was so ordered to take no action. Correspondence from Downey Community Hospital regarding Five Percent Rate Increase - Ancillary Service. Mr. Thompson advised the contract with the Hospital provides that the City must be notified of any impending increase and it is further stipulated that if the City Council takes no action in 30 days it is deemed approved. Councilman Miller indicated he would like a report back on the increases last year. He inquired regarding purchase of the scanner. Councilman Jennings explained only so many scanners will be permitted in the State; the Downey Community Hospital has placed a purchase order for a $1 million scanner, which is revocable at any time by the Hospital; and approval has been received. He said the scanner has not been manufactured as yet, and it would require another $1.5 million to house it and rearrange the existing facility. Councilman Jennings noted although the Hospital will probably lose some doctors if it does not purchase the scanner, sometimes a decision has to be made whether the Hospital is being run for the benefit of the com- munity or the doctors. The City Manager will report back regarding prior rate increases. Correspondence from Los Angeles County Board of Supervisors regarding Request for cities to join in a pledge not to increase Property Taxes in the 1977-78 Budget. Council Members noted the City of Downey has held the line on. tax increases while the County has not. Councilman Miller favored sending a letter telling the County to "hold the line". Mayor Scotto cites high salaries paid by the County. The City Manager was directed to prepare a letter to the County for circulation among the Council Members. Cash Contract #SS-318, Slurry Seal Fiscal Year 1976-77 Mr. Henriksen explained the Parks and Recreation Department has requested the City Council include slurry sealing the parking lots at the following parks; San Gabriel, Golden, Furman,Treasure Island. He said the estimated cost including striping would be about $3,000, and the funds have been provided in the Operational Budget for the Parks Department, which was approved by Council. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the slurry sealing of San Gabriel, Golden, Furman, and Treasure Island Park on Cash Contract #SS-310. It was moved by Councilman Greene, seconded by Councilman Miller, and passed by unanimous vote to approve specifications and grant authority to advertise for bids on Cash Contract #SS-310. t, North Avenue Councilman Jennings spoke regarding the deplorable condition of the alley north of Firestone east of Paramount between Myrtle. He asked how the priorities are considered. Mr. Henriksen said the alley just east of Paramount is a portion of a completed alley and has not been included in the considerations for budgeting at this time. He noted he has inspected the alley a number of times, and it is in bad shape. When asked if these are considered by request or examination, Mr. Henriksen replied requests from the public and the City Council are considered and annual surveys are made. He men- tioned 70-to-80 percent of the alley just east of Paramount is newly constructed; it is supplied with a concrete gutter; and the portion in disrepair is in front of an unimproved vacant lot. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract No. 399. Council Minutes 3/22/77 -5- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A 6-9 A.M. PARKING RESTRICTION ALONG THE NORTH SIDE OF FIRESTONE BOULEVARD FROM BROOKSHIRE AVENUE TO THE WEST CITY LIMITS AND A TWO-HOUR PARKING RESTRICTION FROM 9:00 A.M. TO 6:00 P.M. ALONG THE NORTH SIDE OF FIRESTONE BOULEVARD BETWEEN BROOKSHIRE AVENUE AND RIVES AVENUE AND RESCINDING PRIOR RESOLUTION NO. 1306 AND APPROPRIATE PORTIONS OF RESOLUTION 779 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 Jackman to adopt the Resolution. Councilman Jennings said he would not object near as much if another lane of traffic were added. Mr. Thompson stated it is his recollection this is one of the conditions the State would require prior to funding the addition of a new lane. He said the State indicated there could be allocations under the FAU allotment for the widening of Firestone and one additional lane. Mr. Henriksen indicated the State has received approval of funding its version of the project. He said if a third lane is to be added, it has to be widened to a minimum of 32 or 33 feet, which could then mean narrowing the median island. However, FAU will not approve of a third lane until the street's width has been extended in both direc- tions, but for the time being, the State can approve upgrading the signalization with- out providing a third lane. Mr. Thompson mentioned all of the businesses on both sides of the street were noti- fied and only two or three people attended the Traffic Committee meeting in opposition. Councilman Jennings said inasmuch as he cannot see any urgency on this matter, he would like to take the resolution under submission until more definite information is received. Councilman Greene also indicated he wants to be sure all of the businessmen along Firestone received the proper notices and understand what is proposed. Mr. Henriksen mentioned the notices were handcarried to all of the businesses. There being no objection, the Resolution was taken under submission. RESOLUTION NO. 3388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING PARKING RESTRICTIONS IN PUBLIC PARKING LOT NO. 8 (Temporary) LOCATED ON THE NORTHEAST CORNER OF FIRESTONE BOULEVARD AND DOLAN AVENUE 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, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3388. Discussion followed regarding parking in the Civic Center. Councilman Miller suggested increasing the cost of permit parking. Mr. Thompson said the parking fees should be considered in connection with a recom- mended change in the fine for overtime parking. Mayor Scotto asked for a report on the number of parking permits and whether trees will be planted on the south side of the lot. Mr. Thompson indicated he would prefer not making any major improvements until a final Civic Center plan is adopted. He said there are approximately 125 employee permits. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Further discussion ensued. Council Minutes 3/22/77 -6- _>0U RESOLUTION NO. 3389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUIRING THAT SUVA STREET TRAFFIC STOP AT ITS INTERSECTION WITH WILEY-BURKE AVENUE The Resolution was read by title only. Mr. Thompson stated that in reviewing this, he has some misgivings about this particular action, and although it has been recommended by the Traffic Committee, he would question placing a stop sign on a through street at a "T" intersection. Some- times, he said, this can actually generate traffic accidents rather than reduce them, Mr. Joseph Panzarella, 7555 Suva Street, read a letter from Mr. Peter Lago des- cribing traffic problems along Suva Street. He commented or concern of property owners in backing out of their driveways. Councilman Greene mentioned he has received numerous letters regarding this matter. He concurred with the action of the Traffic Committee to install the stop sign. Councilman Jackman said he would go along with the Traffic Committee's recommenda- tion to see if the volume of traffic decreases. It was moved by Councilman Jennings to waive further reading. Mr. Panzarella commented on effective stop signs at Tweedy Lane and Gallatin Road, Horley Avenue and Suva Street. He pointed out 9,000 vehicles travel Suva Street each day. The motion to waive was seconded by Councilman Jackman and so ordered. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3389. Agreement with Downey Symphonic Society Mr. Sorensen advised he has conferred with Mr. Trafford regarding the following issues: First, the City's position was explained that legally it can require the assets be turned over to the City in case of dissolution of the corporation; second, there were questions regarding multiple performances constituting a single event; and third, there is a requirement that the Society indemnify the City against injury, which is a policy decision. He said there is a typographical error on the first page of the agreement, third line of the last WHEREAS clause: The fourth word should be "or" instead of "of Mr. H. Lee Trafford, 9150 Florence Avenue, explained the Symphonic Society Board will be meeting to consider the items he discussed with Mr. Sorensen. He said it is felt the Symphony should give six concerts a year, but the Recreation and Community Serv- ices Commission recommends two performances of the same musical presentation should only count as one performance, and the Symphony feels it should be able to give the City six performances including a performance which is repeated and held on two consecutive eve- nings, which would be reaching two different audiences. He said the cost per concert is about $5,000, the budget overall for the year is $30,000, and if one of the sources of revenue does not come in, the Symphony is faced with the fact that it cannot give the City six concerts at $5,000 each. He proposed that the Symphony give five concerts on six different evenings which would include two back-to-back performances; then instead of costing $10,000 for the two nights, it would cost $8,000, Mr. Trafford asked that someone from City staff explore the possibility of giving the Symphony a rider on its public liability and Workmen's Compensation insurance in order that the Symphony may save several hundred dollars on its annual premium. Mr. Thompson explained the City is self -insured up to $50,000 on any one occurrence He suggested the Symphonic Society enter into a policy coverage for the first $50,000, Mr. Trafford asked for a two-way indemnification clause. Mr. Sorensen stated it is a policy matter of the Council. Councilman Jennings opposed providing an indemnification clause to any recipient of City funds. Councilman Jennings suggested as a compromise, the Downey Symphonic Society give seven night performances a year with two held on two consecutive evenings. Adding up the cost per concert, Mr. Trafford pointed out that the compromise would cost the Symphony more than its budget. Mayor Scotto inquired if the Symphony had considered ways of raising funds. Council Minutes 3/22/77 -7- Mr. Trafford replied the only way they can raise funds is by having one benefit a year. He pointed out one of the problems with raising money is that approximately 250 people pay from $25 up to be members of the Symphonic Society, and they would not want to pay an additional amount for admission to a concert. Mr. Neavill explained staff and the Recreation and Community Services Commission feel there should be a minimum number of programs offered by the co -sponsored groups, or a standard. He said it is the feeling of staff and the Commission that multiple performances by the Symphony would not increase the attendance but would tend to split it. As far as the selling of season tickets is concerned, Mr. Neavill stated it has been suggested to the Symphony Board of Directors that the general admission would be covered for those persons who are currently paying a sustaining membership, but there should be an addition to the season and single ticket sales and admission even if it meant sacrificing the contribution from the Musicians Union, and it is felt that the musicians salaries could be easily made up through the levying of single admission and season tickets. Priscilla Winslow of the Recreation and Community Services Commission concurred with Mr. Neavill°s comments. It was moved by Councilman Jackman to confirm the position of the Recreation and Community Services Commission regarding the Agreement with the Downey Symphonic Society and ask that the Symphonic Society sign the agreement as written. Mr. Trafford stated the address of the Symphonic Society listed on page 5 should be changed to P.O. Box 763, Downey 90241. It was so noted. The motion was seconded by Councilman Greene and passed by the following vote: AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings League of California Cities - Assessment for Headquarters Building Councilman Jennings spoke in opposition to the assessment and said there is ample office space to rent in Sacramento. Mr. Thompson explained this was passed by the committee structure of the League and the Executive Board and was then submitted to the general membership at its meet- ing in San Diego. At that time, he said, the issue was debated and passed, and the Executive Board has indicated it is an obligation of the members to, pay their pro rats. share. He noted the issue was passed on the basis it would save money for the member- ship in that the headquarters building, if constructed, would be sufficient to rent enough space to pay the operating costs for the building. Responding to questions, Mr. Thompson stated a contingency factor has been pro- vided and the money would have to be appropriated from the Unappropriated Balance of the General Fund. Councilmen Miller and Jackman mentioned they had discussed this matter with Mayor Scotto, the City°s delegate, prior to approval of the building assessment. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to approve the League of California Cities Assessment for Head- quarters Building and make one lump sum payment. AYES: 3 Council Members: Miller, Jackman, Scotto NOES: 2 Council Members: Greene, Jennings Mrs. Gloria Heer, 10257 Rives Avenue, Vice Chairman of the Downey Library Advisory Committee, addressed the City Council regarding Sunday opening of the City Library. Mrs. Heer mentioned most of the staff and patrons agree the Sunday opening is worth- while, and she commented that last Sunday 397 books were checked out, 22 reference books were researched, and the number of patrons using reference books, periodicals, magazines, and newspapers numbered between 40 and 50 at any one time during the afternoon. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to authorize the appropriation of $8,995.50 from the Unappropriated Balance of the General Fund for the League of California Cities - Assessment for Headquarters Building. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto NOES: 1 Council Member: Jennings Councilman Greene changed his vote to "no". Council Minutes 3/22/77 -8- Revised roll call: AYES: 3 Council Members: Miller, Jackman, Scotto NOES: 2 Council Members: Greene, Jennings Report on Street Cleaning Restriction Request, East side Downey Avenue between Sixth and Seventh Streets. For information only. Summary of estimated costs for Apollo Park Neighborhood Center Remodeling No action. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost. 480 7405 Quill Drive $398.00 481 7411 Quill Drive $147.00 It was moved by Councilman Jennings to approve the Chapter 22 Procedure and author- ize the Department of Community Development to mail notification to property owners for Sidewalk Repair. Councilman Jackman indicated he would like to see a List of the properties involved Mr. Henriksen said a tentative list is available, although priorities have not yet been established. He mentioned staff was going to select about a dozen locations felt to be the worst in the City and approach the property owners to see 'how the program would succeed, but a method of progressing and collecting on assessments should be established. Councilman Jackman stated he would like to take this matter under submission until he has seen the list. Councilman Greene concurred. Councilman Jennings withdrew his motion. Taken under submission. There being no objections, Councilman Miller was designated as the City's repre- sentative to attend the hearing on the application for Los Angeles County Service Area 1-77, to be held April 13, 1977. CITY MANAGER'S REPORT Mr. Thompson reported the Voluntary Investment of Temporary Idle Funds into the State Investment fund was requested by the Director of Finance. He said there have been no adverse comments from any of the local finance people, and it is doubtful there would be any major transfers of funds. He requested the Council's favorable consider- ation of this matter. RESOLUTION NO. 3390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE USE OF THE LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF THE CALIFORNIA STATE TREASURER AS AN INVESTMENT MEDIA ALTERNATIVE The Resolution was read by title only. It was moved by Councilman. Miller, sec- onded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3390. Mr. Thompson stated in conformance with the City Council's request, he has developed a contract with personnel of Nelson, Kirshman, Goldstein & Rexon regarding Labor Negoti- ations; the contract has been signed by Mr. Goldstein and reviewed by the City Attorney. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to approve the contract with Nelson, Kirshman, Goldstein & Rexon for labor negotiations. Discussion followed regarding paralegal services. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Council Minutes 3/22/77 -9- ORAL COMMUNICATION Mr. Sorensen advised that in the 1976 session of the Legislature, Chapter 668 was adopted which provides that by April 1, 1977, a City shall designate smoking areas in public meeting rooms and public assembly rooms, and they shall be posted with signs. Failing to do so, he said, anyone wishing may bring a mandamus action against the City, which if successful, the City would have to pay the costs and attorney's fees. Mr. Sorensen suggested the Council authorize the City Manager to post such public areas before April 1st. Mr. Thompson suggested banning smoking in the lobbies of the Downey Theatre and Police Department. It was moved by Councilman Jackman to authorize the City Manager to post areas for smoking. Mr. Sorensen said the Council should designate the areas to be posted, and signs will also have to be posted in the Council Chamber. The City Manager was then authorized to bring back for the March 24th adjourned meeting a list of areas to be posted for no smoking. Councilman Jennings mentioned staff is investigating the method of turning over the Golf Course Operation to the Pro Shop, and he would be against turning a success- ful operation over to the pro to keep him from going bankrupt. Mr. Thompson replied that is not what is intended --it is intended the City have bids to determine under what arrangements a pro would operate the carts and starting function, and if it is not to the City's advantage he would not want to consider it. He said several pros have advised they could make it advantageous, but it is not intended to subsidize the golf pro. It was suggested the City Manager contact Lakewood and Brookside Golf Courses. Councilman Jennings stated the Council should make a decision and then take action on the accounting method for the Park Water and Southern California Water Companies Facilities Purchase. He referred to the three methods contained in the City Manager's ---- memorandum. Councilman Jennings said method number one would be the most economical, but he -- could not consider it because it would be keeping the records together in one account- ing method. He indicated it is of primary importance to keep the records entirely separate so that it can be determined whether or not they are making a profit. Council- man Jennings noted Park Water and Southern California Water have different rates, and the profits should not be commingled until the City of Downey has one water rate, Mr. Thompson mentioned the difference between the rates is minimal, and if the two systems were kept together, it would simplify the City's work a great deal. He said under method three the work crew would have to keep a record of the time they left one water system to work on another. Councilman Jackman asked if the method of keeping the accounts separate would add a greater load on the computer. Councilman Jennings replied yes. Councilman Jackman indicated that by following method two the City would have a comparison between the two companies and the Downey water system. He favored keeping the systems separate. During discussion, Mr. Thompson pointed out the City may be purchasing other water --- systems and to keep the systems separate would add staff time and record keeping time. Mayor Scotto said she would like to have an idea of the cost. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to adopt method number two. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman. NOES: 1 Council Member: Scotto For the record, Councilman Greene stated the first time Mr. Trafford addressed the Council regarding the Downey Symphonic Society he was allowed to speak 25 minutes; to- night it was 45 minutes, which is a total of one hour and ten minutes. He was asked to submit his recommendation on a time limit for speakers. Councilman Greene inquired regarding the Traffic Committee's report on monir_oring skateboards. He mentioned witnessing an accident between a skateboard and a bicycle. Council Minutes 3/22/77 -10- 3703 Chief Morgan said the Traffic Committee has indicated the City has not had any reported accidents on skateboards on the street. He said a newsletter from the California Highway Patrol reported seven accidents in the State involving skateboards and vehicles. It was moved by Councilman Greene, seconded by Councilman Jennings, and passed by unanimous vote to direct staff to bring back a skateboard ordinance. Mayor Scotto suggested sending a letter to the Sister City and Rose Float Com- mittees regarding changing the official Guadalajara visit to a more convenient time rather than during the Tournament of Roses Parade. She further suggested considering the Downey Christmas Parade or perhaps a Downey cultural arts festival and that homes be provided for the guests. Mayor Scotto indicated she feels one City staff member should be appointed to coordinate Council and committee activities. Councilman Miller asked Mayor Scotto to prepare a memorandum and circulate it to the Council. Councilman Jackman stated his willingness to make a motion to discontinue the City°s relationship with the Sister City. Mr. Thompson suggested the Council might be interested in attending the Independent Cities General Membership Meeting in Montebello. Mayor Scotto stated she does not find the Agenda explanation sheet helpful and she prefers the format of Manhattan Beach. Councilman Jackman said he does not find this format helpful nor would he find the Manhattan Beach format helpful. Mayor Scotto mentioned the Health Systems Agency. Further discussion was deferred due to the lateness of the hour. Commenting on Expo 81, Inc., at Ontario, Mayor Scotto asked if any of the Council wished to be appointed to the commission. There was no interest stated. At 11:05 p.m., Mayor Scotto adjourned the meeting to 5:30 p.m., March 24, 1977, in the Council Chamber of the Downey City Hall, for study session on the Comprehensive Zon- ing Ordinance regarding Zones C-2, C-3, M-1, M-2, and Off-street parking. Robert L. Shand, City Clerk -Treasurer Hazel N. Scotto, Mayor Council Minutes 3/22/77 -11-