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HomeMy WebLinkAboutMinutes-04-12-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 12, 1977 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Certificates to Library Volunteers 1 Proclamation to Lions Club for providing telephone service to Youth Employment Office 1 Citizens Forum Meeting to be held April 21st 1 Tournament of Roses presentation of color photograph of Downey's 1977 Entry in Parade 1 Removal of Items from Consent Calendar 1 Minutes: Adjourned Regular Meetings of January 31, 1977 and February 7, 1977; Regular Meeting of March 22, 1977 Approved 1 Correspondence from Downey Rose Float Assn. re Apptmt. of Carol Bonelli Filed 1 Denial of Legal Claims: Ref. #317 on basis of late claim, & Ref. #318 Approved 1 CC #403, Glencliff Drainage Facilities: Acceptance of improvements Approved 1 CC #394, Misc. Repair & Gutter Const.: Acceptance of Improvements Approved 1 General Warrants: #151552-151980; #203334-203391. Approved 1 Corres. from Dir. Parks & Rec. re Placement of Plaques in Downey Theatre Patio & below Theatre Lobby Bicentennial Mural: Accept recommendation Motion died for lack of second 2 Place plaque in Theatre to acknowledge artist of Mosaic Motion died for lack of second 2 Downey Museum of Art Agreement as amended with change in wording, paragraph 7, page 5 Approved 2 Resolution #3391, Ordering Dir. of Public Works to make Report (Annex. 77/2 thru 77/16) Adopted 2 Resolution #3392, Decl. Int. to Annex to City Lighting Dist. (Annex. 77/2 thru 77/16) Adopted 3 Resolution #3393, Establishing 6-9am Parking Restr. N/s Firestone B1. from Brookshire to WCL & 2-hr. Parking Restr. gam-6pm N/s Firestone B1. between Brookshire & Rives & Rescinding Res. #1306 & portions of #779 Adopted 3 Resolution #3394, Denying Appeal in Zone Exception Case #1327 Adopted 3 Cash Contract #407, Brookshire Ave., Imperial to N/o Everest St.: Allocate 0A) from AD 69;,surplus & authority to advertise for bids Approved 3 Cash Contract #404, N/s Iowa St., E/o Dolan & S/s Firestone B1. E/o Pangborn: Reject bids & grant authority to readvertise for bids Approved 3 Cash Contract #401, Parking Lot, Rio Hondo Golf Course: Extra work & completed imprvmts. Approved 4 Page 1 of 2 MINUTES, CITY COUNCIL MEETING APRIL 12, 1977 TABLE OF MINUTE ACTIONS SUBJECT: Sidewalk Matching Funds, M.F. #482 & 483 Matching Funds for Sidewalks: Limit no more until next budget is set Chapter 22 Procedure for Sidewalk Repair: Auth Dept. Comm. Dev. to mail notification to property owners City to pay cost for damage to sidewalk caused by tree on adjacent property (two locations) Appeal, Zone Exception Case #1335, 9841 Imperial Hwy. ACTION: Approved Approved Approved Approved Hearing set for 4/26/77 Suspension of Parking Regulations in area of Little Lake Rd. adjacent to Wilderness Park for Fly Fishing Festival May 21-22, 10:00am to 5:OOpm Approved PAGE NO. 4 4 4 5 5 5 Three-year contractual agreement with Tennis Today, Inc.: Recommendation of Recreation & Comm. Services Comm. & Staff for operation of Motion to approve withdrawn; Tennis Center at Independence Park Council req. further information 5 Roberti-Z'Berg Urban Open -Space & Recreation Program (SB174) - Need Basis Grant Application Approved 5 Resolution #3395, Apprvg. Need Basis Grant Appl. for Grant Funds under Urban Open -Space & Recreation Program Adopted Water System Acquisition Agreement Approve as written Southeast Animal Control Authority: Extend term for minimum of three years within provisions of agmt. for annual termination Approved DART Program Verbal status report Central & West Basin Replenishment Dist. Verbal report County Animal Control System: On. Jennings suggested letter to LA Chapter of League of Calif. Cities opposing Downey's tax portion Mayor & Council Legislative in Sacramento: On. Jennings recommended Council attend Proposition B, Bingo: In LA passed 302,000 to 102,000 Illegal Aliens in So. Calif.: On. Greene would like to know Sen. Cranston's position; also 105 Freeway position 105 Freeway Corridor: Auth. City Mgr. & City Atty. to proceed w/court action re abandoned structures Approved Sound barrier Walls, Santa Ana Freeway: Send letter to Caltrans urging completion ASAP No objections Water Ccnservation: Auth. Water Board to contact School Dist. Superintendent re program for students. Approved Meeting adjourned to 4/18/77 for study session on Comp. Zoning Ord. Meeting adjourned in Memory of Robert W. Gain, former Downey Fire Chief 6 6 7 7 7 8 8 8 8 8 8 8 9 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL ry OF THE CITY OF DOWNEY APRIL 12, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 12, 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 Edwin H. Wood, Fire Chief William A. Goggin, City Planner Harold J. Henriksen, City Engineer Martin Wynne, Acting Director of Finance F. D. Shade, Captain, Police Department Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was Led by Councilman Jennings, followed by the Invocation delivered by Councilman Greene. Mrs. Ruth Miller, City Librarian, assisted Mayor Scotto in presenting Certificates to Library Volunteers. Members of the Library Board were introduced. Mayor Scotto presented a Proclamation to Dr. Jim Cox, President of the Downey Lions Club in appreciation for the Club providing telephone service for the Youth Employment Service. Mr. Gene Stowers of the Downey Citizens Forum invited the City Council to attend the second quarterly Citizens Forum Meeting to be held April 21st at the four Middle Schools. Mr. Earl King of the Pasadena Tournament of Roses introduced Mr. Frank Hardcastle who presented to Mayor Scotto, on behalf of the City Council, a color photograph of Downey's entry in the 1977 Tournament of Roses Parade. Mr. Joe Condran, President of the Downey Rose Float Association, was also present. Removal of Items from Consent Calendar Agenda Items VIII-B-2, Correspondence from Bicentennial Committee, and VIII-B-3, Correspondence from Art Museum, were removed from the Consent Calendar. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to approve the Remainder of the Consent Calendar: ourned Regular Meetings of January 31 1977 and February 7, 1 " nG M­1, �') 1077 Correspondence from Downey Rose Float Association regarding Appointment of Carol Bonelli to the Rose Float Association. Denial of Legal Claims: Ref. No. 317, Lorena Maples, on basis of late claim: Ref. No. 318, Mitzi J. Reiter. Cash Contract No. 403, Glencliff,Drainage Facilities: Accept improvements and responsibility for maintenance thereof. Cash Contract No. 394, Miscellaneous Repair and Gutter Construction: Accept improve- ments and responsibility for maintenance thereof. General Warrants: #151552 - 151980; #203334 - 203391: $907,275.95. Correspondence from Director of Parks and Recreation regarding Placement of Plaques in the Downey Theatre Patio and below Theatre Lobby Bicentennial Mural. Mr. Neavill explained the Council had accepted the recommendation of the Recreation and Community Services Commission to reject the proposal of the Bicentennial Commission Council Minutes 4/12/77 -1- 'd714 to place a large plaque in the Theatre lobby designating the donors of the mural. How- ever, he said, at the request of the president of the Bicentennial Commission, an alternate proposal is submitted for the Council's consideration. Mr. Neavill mentioned one plaque would be placed either under or in the vicinity of the mural in the Theatre lobby giving credit to the artist, Charlotte Von Troesch. The other plaque, he said, would be mounted in the vicinity of the Downey Children's Theatre plaque in the patio, naming the Bicen- tennial Commission officers, and the 76 names of people who purchased the sets of medallions. Mr. Paul Raymond of the Bicentennial Commission explained the names of the donors are the 76 persons who purchased the gold medallion sets at $325 each. It was moved by Councilman Jackman to accept the recommendation of the Commission to allow the Second Century Foundation to put plaques in the Theatre. The motion died for lack of a second. Mayor Scotto pointed out that the artist of the mural has contributed a great deal to the City. She made a motion to place a plaque in the Theatre stating, "Bicentennial Mosaic Mural, July 4, 1976, Charlotte Von Troesch, Artist." The motion died for lack of a second. Downey Museum of Art Agreement Councilman Jennings said he does not concur with the proposed change in the agree- ment and would like to see a definite answer to the assets of the Museum in case of dissolution. Mr. Sorensen stated the agreement does specifically dispose of the assets, but the proposed modification does not. Mr. Jennings called for a definite decision on disposition of the assets of the Museum. A discussion was held regarding the funds paid to the Museum by the City and the County and the funds raised by the Museum. Mr. Neavill commented on the Museum Board of Directors' preference to dispose of the assets; also, the board members feel it is their responsibility to raise money to acquire art works and develop the value of the permanent collection and to have a share in the decision of disposition of assets. During further discussion, Councilman Greene concurred with the present wording of the agreement. Mr. Neavill pointed out that very recently the Museum received a contribution of art works valued at approximately $17,000, which include masters that will continue to increase in value; and consequently, since the Museum Board feels it had a firsthand in the selection and development of the permanent collection it should also have some voice in the distribution. Councilman Miller suggested wording to the effect that if the parties could not mutually agree to disposition of assets within 30 days after such dissolution or termi- nation of activities that all of said assets would revert back to the City. Councilman Jennings concurred. Mr. Sorensen then suggested adding to the proposed change at the end thereof, "in the event no such decision is reached, then all liquid and real assets of the Art Museum would vest in the City." At the request of Councilman Miller the words "liquid and real" were removed from the proposed amendment. It was moved by Councilman Miller, seconded by Councilman Jennings, and passed by the following vote to approve the change in the Downey Museum of Art Agreement as amended AYES: 4 Council Members: Jennings, Miller, Jackman, Scotto NOES: 1 Council Member: Greene RESOLUTION NO. 3391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATIONS 77/2 THROUGH 77/16) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3391 Council Minutes 4/12/77 -2- Mr. Spindel reported the street lighting is required in conjunction with subdivisions or zone exceptions approved to date. The annual operating cost is $2,014.80; the tax rate per $100 assessed valuation for Zone I is 12p, for Zone II, 28c,. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to accept the Engineer's Report as written. RESOLUTION NO. 3392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THESE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 77/2 THROUGH 77/16) The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3392. RESOLUTION NO. 3393 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, 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. 3393. Discussion followed, wherein Mr. Spindel explained the south side of Firestone is not being proposed at this time, and the City is awaiting word as to what is being con- templated by Caltrans. He commented on the maintenance of the signals by the County Road Department for which the State pays its share of the costs. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto RESOLUTION NO. 3394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL IN ZONE EXCEPTION CASE NO. 1327 The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3394. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to allocate $23,000 from the A.D. 69 surplus for Cash Contract No. 407, Brookshire Avenue, Imperial Highway to north of Everest Street, and grant authority to advertise for bids. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to reject bids for the construction of street improvements under Cash Contract No. 404 North side of Iowa Street East of Dolan Avenue and the South side of Firestone Boulevard east of Pangborn Avenue, and grant authority to readvertise. It was noted the low bidder plans to use a sub -contractor to perform 57 percent of the work. Mr. Henriksen explained there is an alternate proposed for the structural section of the work for modifying the specifications to contain just the asphalt or subgrade. Councilman Miller asked about sufficiency of the subgrade. Mr. Henriksen replied the structural section is based on the "R" value of the sub - grade, and the sheer resistence test made on the subgrade and thickness of the asphalt Council Minutes 4/12/77 -3- concrete determine the "R" value. He indicated long-term benefits are expected from the work performed. 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 approve extra work on Cash Contract No. 401, Parking Lot Rio Hondo Golf Course, accept the completed improvements, and accept the responsibility for maintenance thereof, 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 482 7703 Phlox Street $134.00 483 9229 Stewart & Gray Road 847.00 Councilman Jackman questioned the funds used for this project. Mr. Spindel explained this is a revolving fund, whereby the City makes improvements under Chapter 27 proceedings, and the funds are repaid by the property owners through their tax bills into this account. Councilman Jackman mentioned the Council budgeted $10,000 in the last budget sesson for the Sidewalk Matching Fund program, and the amount will be exceeded if this is approved, even though $6500 is available. He said he thinks the Council should not exceed the budget, and at the next budget session should establish a sidewalk policy. Councilman Jennings suggested that since these property owners have entered into pre -contractual negotiations with the City, the Council approve matching funds for these two properties and then approve no further matching funds until after July lst. Councilman Jackman indicated he will concur with these Sidewalk Matching Funds as long as no others are approved until next budget session Mr. Thompson pointed out this is a revolving fund and not based on a revenue situation. Mr. Spindel noted the money is also used to finance Chapter 27 projects and Paveout Matching Funds, which was set up by resolution of the City Council quite a few years ago, and each year the amount coming back from Chapter 27 projects is not enough to cover total expenditures. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto It was moved by Councilman Jackman, seconded by Councilman Jennings, and passed by unanimous vote to limit no more Matching Funds for Sidewalks until the next budget is set Sidewalk Repair - Chapter 22 Procedure Responding to questions, Mr. Spindel estimated the cost will be approximately $2-$3.00 a square foot for sidewalk repair depending on whether tree roots had to be cut. He said the property owners involved will not be notified until the Council has approved the Chapter 22 procedure. Responding to further questions, Mr. Spindel explained blacktop is a temporary method of repair, is very unsightly, and many calls have been received from citizens complain- ing about the use of blacktop. He commented on the root cutting process and further explained it would be the property owner's responsibility for future sidewalk repair for damage caused by tree roots. He pointed out the Streets and Highways Code does not allow the City to assess a property owner except for work done in front of his property, Councilman Greene indicated he feels the property owners involved should have been notified first. Mr. Spindel said the property owners were -given preliminary notification about the problems that exist and asked to take care of the work themselves. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to approve the Chapter 22 Procedure and authorize the Department of Community Development to mail notification to property owners for sidewalk repair. Councilman Miller asked about trimming the tree roots. Mr. Thompson explained it can be done but the cost and labor would be excessive. Council Minutes 4/12/77 -4- 717 Mr, Sorensen stated any time there is a break in the level of a sidewalk or con- struction of a sidewalk, there is a potential exposure of the City to liability in the event someone is injured. Councilman Miller asked about the possibility of assessing the person whose tree damages the neighbor's sidewalk. Mr. Sorensen indicated any motion of the Council regarding tree damage to a neighbor's sidewalk should be by separate motion. Responding to further questions, Mr. Spindel explained removal of a tree would be left up to the property owner, and staff will advise the property owner if his tree needs to be removed. Discussion ensued. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Councilman Greene suggested the possibility of establishing a Sidewalk Committee, It was moved by Councilman Jackman, seconded by Councilman Jennings, and passed by unanimous vote that the City pay the cost for damage to sidewalk caused by trees on adjacent property. (The two locations are 13243 Stanbridge Avenue and 7921 Fourth Place.) It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to set a hearing on Appeal, Zone Exception Case No. 1335, 9841 Imperial Highway, for 7:30 p.m., April 26, 1977, in the Council Chamber of the Downey City Hall, It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to approve Suspension of Parking Regulations in area of Little Lake Road, adjacent to Wilderness Park for Fly Fishing Festival on May 21 and 22 between the hours of 10:00 a.m. and 5:00 p.m. it was moved by Councilman Greene and seconded by Councilman Jackman to approve the recommendation of the Recreation and Community Services Commission and staff to enter into a three-year contractual agreement with Tennis Today, Inc., for operation of the Tennis Center at Independence Park, Responding to questions, Mr. Thompson stated the termination clause would be the same as in the existing agreement. Councilman Jennings pointed out that Bushman's bid contained guaranteed minimums the others did not. Mr. Neavill explained the chart presented to the City Council showing the Pro Contract Comparisons does not include projected revenue with the three proponents. He presented a revised chart and said Tennis Today, as shown on page 2, is the pro- ponent that would provide them with the highest annual gross. Mr. Neavill then indi- cated it is felt Tennis Today has a more realistic proposal. Discussion followed regarding the Pro Contract Comparison. Councilman Jennings said he would rather deal with cash guarantees than assumptions, Mayor Scotto asked if this matter could be brought back after certain items have been clarified, Mr. Neavill replied the bidders were advised every effort would be made to have the contract awarded in May, if possible, so that the tennis pro could set up the summer program. During further discussion, Councilman Jennings suggested this matter could be brought back to the Council at its next study session on April 18th. In the meantime, he said, he would like to have the bids explained to him so that he will be ready to vote. With the consent of the second, the motion was withdrawn. Roberti-Z°Berg Urban Open -Space and Recreation Program (SB 174) - Need Basis Grant Application Councilman Jennings mentioned a general agreement among the City Council of not spending anymore money on Wilderness Park, that the money should go to one of the other parks, Councilman Miller concurred. Council Minutes 4/12/77 -5- Mr. Neavill explained this grant comes from Senate Bill 174, and there are two elements involved: One, it is a needs basis grant for funds not less than $10,000 nor more than $100,000; and two, the funds must go into an area where there is the least amount of development for that particular portion of the community, an area where there is a low assessed valuation per capita. He pointed out the resolution has to be received in Sacramento on April 18th, and once it is received and on file, each community has the opportunity to modify the original application. In addition, Mr. Neavill said, the second element of Senate Bill 174 is an assured $62,025 per year for a three-year basis and would be guaranteed as long as a City has projects meeting the criteria. He stated the 2 percent matching funds for this grant must come from a non -state source. Mr. Neavill noted the Fairford School area is probably low in the low and middle income area, more so than the Apollo Park area. During discussion, Councilman Jennings pointed out the grant is $80,000, of which the City would pay $20,000, It was moved by Councilman Miller, seconded by Councilman Jennings, and passed by the following vote to approve the Application for Grant Funds under the Urban Open -Space and Recreation Program. AYES: 3 Council Members: Jennings, Miller, Scotto NOES: 2 Council Members: Greene, Jackman RESOLUTION NO. 3395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN -SPACE AND RECREATION PROGRAM The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 3395. AYES: 3 Council Members: Jennings, Miller, Scotto NOES: 2 Council Members: Greene, Jackman Mr. Wynne questioned whether this would be the proper time to establish appropriation of the $20,000. Mr. Sorensen replied if the State grants the money and the City accepts it, then the City is committed to appropriate the $20,000 matching funds. He suggested that later on, for budgetary purposes, the money should be appropriated, but he does not think failure to make a specific appropriation from one budget fund to another at a later date would preclude obligation of the City to commit that fund under the adoption of this resolution. Mr. Sorensen advised that after discussing with the Bond Counsel and financial advisors from the underwriters on the Water System Acquisition it was decided there would be some advantage to the City if the actual purchase of the water system was made by the City of Downey as distinguished from the Downey Corporation. He said that concurrently with the purchase by the City of Downey there would be a lease from the City of Downey to the Downey Water Facilities Corporation,who will make an advance rental payment sufficient to write the bonds. He pointed out the City over the years will be paying the lease pay- ments to the Downey Water Facilities Corporation, but initially the title to the water system will vest in fee in the City of Downey. Mr. Sorensen then commented on proposed amendments to the Water System Acquisition Agreement substituting Downey as the purchaser; changing one WHEREAS clause by stating the Downey Water Facilities Corporation is formed to assist the City in financing as distinguished from purchasing; changing the indemni- fication clause to Downey as distinguished from the Water Facilities Corporation; and correcting a mis-typed cross reference in paragraph 17. He said the agreement provides Downey accepts and assumes all of the acts performed by Downey Corporation under the Water Acquisition Agreement, and except as specifically amended, the agreement remains in force and effect. Mr. Sorensen mentioned a draft of the amended agreement has been approved in substance by the other counsel involved. He said if agreeable, he offers this amendment to the Council with the authorization the Mayor sign. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to approve the amended agreement as written. Discussion followed. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Council Minutes 4/12/77 -6- CITY MANAGER'S REPORT Mr. Thompson reported there is a question of ability of the Southeast Animal Control Authority to lease a building beyond the life of the Authority. At the present time, he said, the agreement provides any city may remove itself from the Authority on any June 30th by giving prior notice, and since the present owners of the building housing the animal control desire to sell or lease the property, it is being requested by the Authority that each City amend the present Joint Powers Agreement to provide at least a minimum three year life for the Authority. He mentioned it is his understanding the City of Pico Rivera has approved the amendment, and it is also being presented to the City of Norwalk. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote to extend the term of the Animal Control Authority for a minimum of three years within the provisions for the annual termination. STAFF REPORTS Reporting on the progress of the DART Program, Mr. Spindel stated the Glass Products Institute and a public relations firm are preparing a City-wide mailing of the Communi- cator, as well as a mailout to the customers of Calsan, Inc. He mentioned the new strips to go on the containers have been received; the rest of the materials, including brochures and door hangers, will be received tomorrow; and volunteers are expected to do a house - to -house canvass beginning April 25th. This, he said, will kick off the effort to pub- licize the DART Program City-wide. Councilman Greene called for a concerted effort to urge the conservation of water. Mr. Spindel commented on the plans that are being made to contact people regarding water conservation. Responding to an inquiry regarding the fountains at Wilderness Park, Mr. Thompson explained that although this was contemplated when the lakes were put in, the lakes are fairly small and contain fish, and if the water is not aerated, it will become stale. Mayor Scotto reported on complaints received regarding use of water by professional gardeners. Mr. Spindel mentioned staff periodically has had meetings with the Gardeners' Association and will do so again. Councilman Jennings questioned the cost to the City for the City-wide mailing and inquired regarding the stickers to be placed on the containers. Mr. Thompson said there will be no direct cost to the City --the work will be done by the Glass Packaging Institute and volunteers. Mr. Spindel commented on the size and color of the stickers and indicated the Glass Packaging Institute will be paying for this. Mr. Spindel reported that he and Mr. Joe Davis, Chairman of the Water Board, attended a meeting of the Central and West Basin Replenishment District who have Metropolitan Water District (MWD) connections, and he mentioned the Water District has imposed a system of penalties on users who use more than 90 percent of the water they did during the same month last year. In addition, he said, the Replenishment District is propos- ing to request the court for an adjudication of the basin to allow those members having MWD connection to pump more than their adjudicated allocation during the period of the emergency. Mr. Spindel stated the district will enter into agreements with all of the water agencies as far as overpumping is concerned, and the agencies will probably be required to make an in lieu payment of the amount it would cost to purchase the water, with the money probably being used in the future to buy additional water to replenish the basin. When received, he will present the formal agreement to the Council. Commenting on Reclaimed Water, Mr. Spindel explained the City would have to have an agreement with the Replenishment District in order to be able to use reclaimed water. He said an economic analysis will be made to see whether it would be worthwhile to go into this program. ORAL COMMUNICATIONS Councilman Jennings said controversial items should not be placed on the Consent Calendar. He referred specifically to the plaque for the Downey Theatre lobby near the mosaic. Mr. Thompson agreed, and said, however, on this particular item, it was his.under- standing it was adopted by the committee and acceptable, and had he realized there was still a controversy, it would not have been placed on the Consent Calendar. Council Minutes 4/12/77 -7- Councilman Jennings suggested sending a communication to the Los Angeles Chapter of the League of California Cities regarding the League's position toward the County Animal Control System. He pointed out that Downey has its own animal control, and yet through the tax medium Downey will be paying part of the cost of other animal control. Councilman Jennings highly recommended the Council's attendance at the Mayor and Council Legislative Council in Sacramento. Councilman Jennings reminded the Council that Proposition B in favor of Bingo passed 302,000 to 102,000 in the City of Los Angeles. Asking if any of the Council Members intend to speak for the City at the meeting with Senator Cranston, Councilman Greene indicated he would like to know the Senator's position regarding Illegal Aliens in Southern California. Mayor Scotto said she plans to attend and also if the occasion arises, she will present the position of the majority of the Council regarding the 105 Freeway. Councilman Jackman requested a status report on removal of abandoned homes from the 105 Freeway Corridor. Mr. Sorensen advised he has had some response from some of the attorneys of other cities but has no official authorization from the Council to proceed with any necessary court action. He mentioned to pursue such an action would amount to approximately $10,000-$15,000, for starters. Councilman Jackman favored proceeding with a court action. Mr. Sorensen explained the present problem is that the court injunction requires court approval for the houses to be removed, torn down, or sold, and it will probably be a piecemeal situation unless the City is able to get a broad court approval for authority to remove a large number of homes, Mr. Spindel explained the one group who got approval for authority to remove about 70 homes from Downey is a non-profit organization providing housing in the Watts area. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to authorize the City Manager to work with the City Attorney to proceed on a court action to ask for relief. Mr. Sorensen stated he will explore the most economical means of approaching this situation. Mr. Thompson indicated he will explore the possibility of a concerted action with other cities. Discussion followed. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Mayor Scotto commented that the sound barrier walls on the Santa Ana Freeway will be advertised for April 1977, and the north side is scheduled for the Spring of 1979. She asked if no objection from the Council that a letter be sent to Caltrans urging the sound barrier walls be completed as soon as possible. No objections were stated. Mayor Scotto inquired if a proposal has been prepared on the Senate Bill 325 Funds (Transportation Development Act). She was informed that staff is working on the pro- posal and a notice has been sent to SCAG. She said she would like to see a copy of the proposal. Mayor Scotto asked about the status of the Volunteer Program. Mr. Neavill replied the volunteers are now being registered and the City is keep- ing track of their hours. Mrs. Lilian Mulley, 9244 Gainford Street, member of the Water Board, stated the Water Board is requesting permission of the Council to contact the School District regarding presentations to students on the subject of Water Conservation. it was moved by Mayor Scotto, seconded by Councilman Jackman, and passed by the following vote to authorize the Water Board to contact the School District Superin- tendent concerning a water conservation program for students. Discussion followed. AYES: 5 Council Members: Greene, Jennings, Miller, Jackman, Scotto Council Minutes 4/12/77 -8- Mrs. Signi Van Hoeven, 8533 Donovan Street, commented on the informative water conservation films that have been shown to senior citizens. She asked about the "save water" buttons. Mr. Spindel cited the cost to purchase a large volume of buttons. At 10:27 p.m., Mayor Scotto adjourned the meeting to 5:30 p.m., April 18, 1977, in the Council Chamber of the Downey City Hall, for study session on the Comprehensive Zoning Ordinance. The meeting was also adjourned in memory of Robert W. Gain, former Fire Chief of the City of Downey. Robert L. Shand, City Clerk -Treasurer Haz N. Scotto, Mayor Council Minutes 4/12/77 -9- CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 12, 1977 On Page 4, under Sidewalk Repair - Chapter 22 Procedure, the fourth para- graph now reads: "Mr. Spindel said the property owners were given preliminary notification about the problems that exist and asked to take care of the work themselves." The paragraph should read: "Ms. Spindel said the property owners would be given preliminary notification about the problems that exist and asked to take care of the work themselves." 7CII�E/A�Z/ Robert L. Shand, City Clerk -Treasurer Correction, Council Minutes 4/12/77