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HomeMy WebLinkAboutMinutes-04-26-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 26, 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. Resignation of Mayor Scotto Accepted 1 Elect Councilman Richard M. Jennings as Mayor Approved 1 Elect Councilman William L. Greene as Mayor Pro Tempore Approved 1 Film on water conservation 2 Appeal, ZE Case #1335, 9841 Imperial Hwy. Denied 2 Removal of Items from Consent Calendar 3 Minutes: Regular Meeting April 12, 1977, as corrected; Adjourned Meeting February 15, 1977 Approved 3 Agenda Correspondence Items Filed 3 Denial of Legal Claim: Ref. #320 Approved 3 General Warrants: #151981 - 152301 #203392 - 203435 Approved 3 SS Project #320, Sidewalk & Parkway Fill, Various Locations: Plans, specs & grant auth. to advertise Approved 3 Cash Contract #405, Bicycle Access Paths. Taken under submission 3 Oral Communications - Non Agenda Items, To be placed as Item IX on five minute limit Agenda - Ordinance Amending Part 11, Chapter 1, Art. III: DMC re Traffic Regulations Introduced 4 Ordinance Amending DMC Sec. 3144, Part 8, Chapter 1, Art. III re Traffic Regulations Introduced 4 Ordinance Amending Sec. 6593 & 6597 DMC re Swap Meets Taken under submission 4 Resolution #3396, opposing Calif. Automobile Assignee: Risk Increase for Territory #85 Adopted 5 Resolution #3397, Apprvg. Appl. for 1976 State Grant Moneys, Independence Park Project Adopted 5 Resolution #3398, Designating an Alternate Member to Bd. Directors of County Sanitation Districts #2 & 18 Adopted 5 Resolution #3399, Apprvg. Apptmt. by Mayor of Member to Downey Comm. Hosp. Auth. Comm. (Roy Q. Strain) Adopted 5 Cash Contract #406, Exterior Painting, Apollo Park Neighborhood Center: Award to Doric Painting Co. of Los Angeles Approved 5 Cash Contract #408, Window Repair, Apollo Park Neighborhood Center: Reject all bids & auth. re -advertising for add'1 bids Approved 5 Cash Contract #399, Alleys: W/o Downey Ave. N/o Seventh Street & N/o Firestone B1., Pomering Rd. to Wiley -Burke Ave.: Award to T.J. Crosby Co. of Santa Ana Approved 5 Page 1 of 2 COUNCIL MINUTES, APRIL 26, 1977 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Cash Contract #SS-318, Slurry Seal - Fiscal Year 1976-77: Award to Chamber -Mix Concrete Approved Cash Contract #396, Block Walls, Independence Park: Accept improvements & extra work $761.30 Approved 2156 Report reflecting City's five-year street maintenance needs Approved City of South Gate Jail Agreement (one year), commen ing 7/l/77: Auth. Mayor to sign Downey Chamber of Commerce Quarterly Report for l/l/77 - 3/31/77 Apollo Park Neighborhood Center Lease Agmt. Form with change in Addendum & establishing $3.00 per hour "in -kind service" Animal Control Facility, Joint Powers Agmt.: Amendment extending lease term to 6/30/80 & limiting expenditures to budget items unless approved by the three Councils Approved Received & filed Approved Approved Levying of overhead costs directly to cities contracting for County services (SB 287 - Roberti): Auth. Exec. Dir. of Independent Cities of LA County to speak in City's behalf in favor Approved Validity of Unemployment Compensation Act: NDvMC law suit Council Chamber Repair Report Establishment of City Emergency Conservation Committee Rose Float Assn. request for payment by City of outstanding invoices Request for letters of appreciation to organizations making donations to City Meeting adjourned in memory of Tom Collins Meeting adjourned in memory of Dorothy Balenti Meeting adjourned to 7:00 p.m., May 10, 1977, for executive session on personnel salaries Page 2 of 2 City Manager to report back To be presented in Budget Report Mr. Spindel to discuss with Water Board Taken under submission PAGE NO. 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 26, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 26, 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. Sorensen, City Attorney Ervin Spindel, Director of Community Development John T. Neavill, Director of Parks and Recreation Loren D. Morgan, Police Chief Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Martin Wynne, Acting Director of Finance Don Davis,.Battalion Chief Francis E. Carter, Assistant City Planner Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Mike Ballentine, Calvary Chapel, followed by the Flag Salute led by Councilman Greene. Mayor Scotto commented on the accomplishments of the City Council during her term as Mayor and said it was an honor to serve during the Bicentennial year. She introduced her daughters, Margaret McKeon, Chris Prout, and Erin Scotto; her granddaughter, Isadora; and family friend, Daryl Stillman. Mayor Scotto then tendered her resignation as Mayor. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by the following vote to accept Mayor Scotto°s resignation as Mayor. AYES: 4 Council Members: Greene, Jennings, Miller, Jackman ABSTAIN: 1 Council Member: Scotto City Clerk Shand assumed the roll as Chairman of the City Council Meeting. He declared the office of Mayor open. It was moved by Councilman Greene and seconded by Councilman Jackman to nominate Councilman Richard M. Jennings as Mayor of the City of Downey. Mr. Shand asked if there were any further nominations, and there was no response. He declared the nominations closed. Roll call vote to elect Councilman Richard M. Jennings as Mayor of the City of Downey. AYES: 4 Council Members: Greene, Miller, Jackman, Scotto ABSTAIN: 1 Council Member: Jennings On behalf of the City Council, Mayor Jennings presented a plaque, certificate and pin to Councilwoman Scotto commending her for serving as Mayor during the past year. He also presented to Councilwoman Scotto a plaque for her husband, Louis, who was unable to be present at the meeting. Mayor Jennings stated the City Council will continue to do what it thinks best for the good of the entire community. He introduced his wife, Mildred, and his brother-in- law and sister-in-law, Mr. and Mrs. Jack Swartz. Mayor Jennings then declared a recess at 7:45 p.m. The meeting resumed at 7:52 p.m. with all Council Members present. Mayor Jennings declared the office of Mayor Pro Tempore open. It was moved by Councilman Miller and seconded by Councilman Jackman to nominate Councilman William L. Greene as Mayor Pro Tempore of the City of Downey. Council Minutes 4/26/77 -1- �Z7 It was moved by Councilman Miller and seconded by Councilwoman Scotto that the nominations be closed. Roll call vote to elect Councilman William L. Greene as Mayor Pro Tempore of the City of Downey: AYES: 4 Council Members: Miller, Jackman, Scotto Jennings ABSTAIN: 1 Council Member Greene A film entitled "Water Follies" was viewed by the City Council and audience. Mr. Spindel explained the film shows the need for water conservation. — Mrs. Gloria Heer, Chairman of the Downey Committee for Health Systems Agency (HSA), expressed her appreciation to the Downey Police and Fire Departments for their aid following an accident in which she suffered a broken arm. She explained HSA is part of a public law that went into effect in 1974, Public Law 93-641, National Health P1aun;ng and Resources Development Act, which is now being instituted in Los Angeles County and will have an effect on all citizens whether as a consumer or provider of medical services, Mrs. Heer stated the purpose of the committee is to get as many people as possible to register with HSA as voters and to attend upcoming elections for the Sub -Area Council and Governing Authority, as well as finding candidates to represent the interests of the greater Downey area. She pointed out that eventually demographic qualifications will have to be met. Mayor Jennings declared that this is the time and place for the public hearing on Appeal, Zone Exception Case No. 1335, 9841 Imperial Highway. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mr. Carter reported the request is to modify Section 9120.9 of the Downey Munici- pal Code to allow on -sale of beer to be served in conjunction with meals. The property is developed with a fast food restaurant and off-street parking for 21 vehicles. Mr. Carter stated the applicant's proposal to serve beer would require a modification for "on sale" consumption of alcoholic beverages within 300 feet of a residential zone, He reviewed the zoning of the surrounding properties which, he said, involve apartment build- ings, a service station, and single family dwellings. Mr. Carter concluded that the Planning Commission denied the request because of the location of the applicant's building in an area of mixed commercial and residential uses and close proximity to Columbus High School. Mayor Jennings inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied a letter was received from the Downey Unified School District dated April 18, 1977. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive and file the correspondence. Mayor Jennings asked if there was anyone present who wished to speak in favor of the Appeal. Mr. Elsayed, 9841 East Imperial Highway, the applicant, said the City's ordinance is unfair and should treat everyone equally. He mentioned there are five similar establishments that sell beer and alcohol and yet his right to do so has been denied. He pointed out the Flea Mart has been given permission to sell beer and is closer to single family residences than his business. Mrs. Fadia Elsayed, 9246 Foster Road, Bellflower, said the sale of beer has been permitted to others such as the Flea Mart, and the ordinance should be the same for everyone. There being no one else wishing to speak in favor of the Appeal, Mayor Jennings inquired if there was anyone present who wished to speak in opposition. There was no response. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Responding to questions, Mr. Carter cited the distance between the applicant's building and surrounding properties and said there are locations in the City within 300 feet of R-1 property; however, they are established uses that existed prior to the change in the ordinance. He noted there have been exceptions where the Planning Com- mission has granted on -sale of alcoholic beverages for a bona fide restaurant. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to uphold the decision of the Planning Commission and deny the Appeal. Council Minutes 4/26/77 -2- Mr. Elsayed insisted the Flea Mart is not 300 feet from R-1 property. He was asked to come into the City Manager's office tomorrow to discuss it. Removal of Items from Consent Calendar Agenda Items VIII-C-1, S.S. Project No. 320, and VIII-C-2, Cash Contract No. 405, were removed from the Consent Calendar. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by unanimous vote to approve the Remainder of the Consent Calendar: Minutes: Regular City Council Meeting of April 12, 1977, as corrected Correspondence from Public Utilities Commission regarding Application No. 57111 of Southern California Edison Company, Notice of Hearing on Rate Change. Correspondence from Public Utilities Commission regarding Application No. 57199 of Southern California Edison Company for Rate Change. Correspondence from Southern California Gas Company regarding Notice of Proposed Rate Change. Denial of Legal Claim: Ref. No. 320, Joe Goldstein. General Warrants: #151981 - 152301; #203392 - 203435: $702,317.00. Select System Project No. 320, Sidewalk and Parkway Fill, Various Locations. Councilwoman Scotto asked if the sidewalk on the east side of Lakewood allows for trees, and whether the approval is also for Woodruff and Paramount. Mr. Spindel replied there will be tree wells on Lakewood Boulevard which will be against the wall rather than at the curb. He said the sidewalk on Paramount and Woodruff was approved as part of the Bicycle Fund Grant at the.Council Meeting of December 14th. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Select System Project No. 320. Cash Contract No. 405, Bicycle Access Paths Councilman Greene raised questions regarding the ingress and egress to Rio San Gabriel Park and whether it would be an open invitation for people on the bicycle path to go into the park. Mr. Spindel explained the ingress and egress would be for bicycles to go through but not motorcycles, and it will be an access for people to go both in and out of the park. Mr. Neavill pointed out access has been designed to steer the bicycle path away from the normal patterns of pedestrian traffic and the picnic facility. Mr. Mike Manicone, 10400 Gaybrook Avenue, stated his home backs up to the west side of the San Gabriel River, and although he was assured people would not be allowed to ride their bicycles in back of the homes, every day children ride their bikes along the west side of the river. He pointed out there have been many burglaries, and he asked that the barriers either be built better or reinforced to prevent people from travelling between the park and Florence Avenue along the west side of the river. Chief Morgan concurred there have been considerable burglaries in the area, but it is not known whether they are by people using the bicycle trail, although it does privide access to the rear of the homes which cannot be observed from the street. Councilman Miller said he would like to take this matter under submission for a look at the situation. Mr„ Spindel indicated the present barriers can be "beefed up" so that people can- not traverse the west side of the river from the park to Florence. Taken under submission. Mayor Jennings asked that a new procedure of Oral Communication be initiated, whereby following -the Consent Calendar those persons wishing to speak on non -agenda items may address the Council for five minutes each. Anyone needing further time will have to speak at the close of the meeting. The Council concurred. Council Minutes 4/26/77 -3- Mayor Jennings then asked if there was anyone present who wished to address the City Council on a non -agenda item. There was no response. The City Clerk was requested to include this item on the next Agenda following the Consent Calendar as Item No. IX. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PART 11, CHAPTER 1, ARTICLE III, OF THE DOWNEY MUNICIPAL CODE, PERTAINING TO TRAFFIC REGULATIONS The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING DOWNEY MUNICIPAL CODE SECTION 3144, PART 8, CHAPTER 1, ARTICLE III RELATING TO TRAFFIC REGULATIONS The Ordinance was read by title only. It was moved by Councilman Miller, seconded by Councilman Greene, and so ordered to waive further reading. Mr. Sorensen explained Section 3144 presently exists without the word "skateboards" and is probably broad enough to cover skateboards; however, because there might be some question, it is deemed advisable to amend the ordinance to include the word "skateboards" to make it perfectly clear. He said "business district" as referred to in the ordinance is defined in the Vehicle Code. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6593 AND 6597 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO SWAP MEETS Mr. Thompson explained the Ordinance extends the open hours of a swap meet from 9:00 p.m. to 10:00 p.m., and also clarifies the section pertaining to the License pro- vision and 30-day Lease. The Ordinance 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 Councilwoman Scotto and seconded by Councilman Greene to introduce the Ordinance. Councilman Jackman commented he has received complaints from people in his district, and he asked if this Ordinance can be adopted without a public hearing. Mr.. Sorensen replied legally the Council can adopt it without a public hearing; however, there is nothing to prevent the Council from having a public hearing on any ordinance. Mr. Thompson suggested mailing notices to people within a certain radius of the Flea Mart prior to Council action on the Ordinance. Councilman Jackman concurred. Mr.. Thompson also stated the City could mail out notices so that the people would have at least eight -to -ten days notice prior to the next Council meeting. Mayor Jennings said he will not vote for an ordinance permitting a swap meet to remain open until 10:00 on Sunday night in the City of Downey. Mr.. Thompson said the Ordinance can be modified for an exception of Sunday even- ings from the hours of 3:00 p.m. to 9:00 p.m. There being no objection, the Ordinance was taken under submission. Council Minutes 4/26/77 -4- z,'?3® RESOLUTION NO. 3396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, OPPOSING THE CALIFORNIA AUTOMOBILE ASSIGNED RISK INCREASE FOR TERRITORY NO. 85 The Resolution was read by title only. It was moved by Councilman Jackman, sec- onded by Councilman Greene, 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. 3396. RESOLUTION NO. 3397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS INDEPENDENCE PARK PROJECT The Resolution was read by title only. It was moved by Councilman Miller, sec- onded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3397. RESOLUTION NO. 3398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AN ALTERNATE MEMBER TO THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NUMBERS 2 AND 18 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 the following vote to adopt Resolution No. 3398: AYES: 4 Council Members: Miller, Jackman, Scotto, Jennings ABSTAIN: 1 Council Member: Greene RESOLUTION NO. 3399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE DOWNEY COMMUNITY HOSPITAL AUTHORITY COMMISSION The Resolution was read by title only. It was moved by Councilman Miller, sec- onded 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. 3399. Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to award Cash Contract No. 406, Exterior Painting, Apollo Park Neighborhood Center, in the amount of the unit prices bid, to Doric Painting Company of Los Angeles, the lowest and best bidder, for the preparation and painting of all building exterior surfaces. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to reject all bids on Cash Contract No. 408, Window Repair, Apollo Park Neighborhood Center, and authorize re -advertising for additional bids. Cash Contract No. 399, Alleys: West of Downey Avenue north of Seventh Street, and North of Firestone Boulevard, Pomering Road to Wiley -Burke Avenue Councilwoman Scotto asked about the priorities and noted an alley near the Catholic Church which is also in need of repair. Mr. Spindel stated many alleys in the City need repair and reconstruction; a list has been established by the City's engineers, which in their judgment are the ones most needing the repair; and the two alleys under discussion are considered at the top of the list. He pointed out there is only enough money allocated to do about two alleys a year. Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to award Cash Contract No. 399, in the amount of the unit prices bid, to T. J. Crosby Company of Santa Ana, the lowest and best bidder. Council Minutes 4/26/77 -5- Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract No. S.S.-318, Slurry Seal - Fiscal Year 1976-77, in the amount of the unit prices bid, to Chamber -Mix Concrete, Inc., of Stanton, the lowest and best bidder. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract No. 396, Block Walls, Independence Park; accept responsibility for maintenance thereof; and approve extra work in the amount of $761.30. A discussion was held regarding the extra work resulting in the increased cost, AYES* 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to approve the 2156 Report reflecting the City°s five-year street main- tenance needs. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to approve the annual City of South Gate Jail Agreement and authorize the Mayor to sign. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to receive and file the Downey Chamber of Commerce Quarterly Report for January 1 - March 31, 1977. Apollo Park Neighborhood Center Lease Agreement Form Mr. Sorensen concurred with the changes made in the agreement and addendum. Councilwoman Scotto asked if a rate has been established for "in -kind service." Mr. Neavill replied the rate that was discussed and is recommended to the Council is approximately $3.00 per hour. This, he said, is based on what is felt to be a fair amount of volunteer hours to compensate for the new rental. During discussion regarding the proposed $3.00 per hour rate, Mr. Thompson noted the intent is to try to set a reasonable rate uniform for all of the work, and it was felt $3.00 per hour would be an appropriate amount. Mr. Neavill indicated that with the current part-time salary paid of $2.50 an hour, by the time fringe benefits are added it is $3.00 an hour. At the request of Councilman Jackman, in Section 1 of the Addendum, fourth line, the words "reception area" were deleted. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to approve the form Lease Agreement for Apollo Park Neighborhood Center with the change in the Addendum and establishing $3.00 per hour for "in -kind service," CITY MANAGER'S REPORT Mr. Thompson reported that in regard to the Animal Control Facility, there is a provision in the Joint Powers Agreement allowing any member of the three original cities to remove itself from the Authority by giving notice prior to the end of any fiscal year. This, he said, would eliminate the possibility of a longer term lease for a facility, and the Council has approved an extension of the Authority to provide for a three year life of the Authority, bringing it to June 30, 1980. He requested the Council to author- ize the Mayor to sign a new Joint Powers Agreement. Mayor Jennings asked that if the lease contains a cancellation clause and is can- celled, can the Council pass a resolution to cancel the agreement? Mr. Sorensen replied the Joint Powers Agency can be terminated upon a decision of the Council to do so. Mayor Jennings then asked about cancellation of the three year Authority. Mr. Thompson replied the attorney for the Authority has indicated any part could always withdraw but might have to payany existing ongoing expenses created as a part of the Authority. Mr. Sorensen stated the only problem is, if the Lease is in effect and the City withdraws, it would still be obligated to fulfill its share of the lease. Councilman Jackman inquired regarding the sale of the property. Council Minutes 4/26/77 -6- Mr. Thompson indicted he was advised by the realtor involved that the property has been sold, but he does not know whether it is in escrow. He said the realtor has also advised that the new owner is cognizant of the offer of a three-year lease. Discussion followed. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to approve an amendment of the Joint Powers Agreement extending the lease term to June 30, 1980, and limiting expenditures by the Authority to budget items unless approved by Council action of the three cities. Mr. Thompson noted the Authority Board indicated approval of the offer for the three-year lease at $715 per month. Mr. Thompson reported on correspondence from Independent Cities of Los Angeles County indicating Senate Bill 287 (Roberti), allowing the County of Los Angeles to levy overhead costs directly to those cities contracting for County services, will go before the Senate Local Government Committee on May 2nd. He asked if the Council wished to authorize someone from the City to attend the hearing, send telegrams, or authorize the Executive Director of Independent Cities Association to speak in its behalf. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to authorize the Executive Director of Independent Cities of Los Angeles County to speak in the City's behalf favoring Senate Bill 287. Mayor Jennings suggested the City Manager inform the Director of Independent Cities by telephone and then follow up by letter. STAFF REPORTS Mr. Sorensen advised that the National Institute of Municipal Law Officers (NIMLO) by action of its Board of Trustees, has decided to put together a Law suit to attack the validity of Unemployment Compensation Act being made applicable to cities and states. This action, he said, is being sought to have the Unemployment Act declared unconstitu- tional because it will impose a tremendous liability on each and every city unless those cities are in states already having Employment Tax, and Downey's cost could be from $70,000 to $120,000 a year depending on the law and the alternatives worked out. He said the anticipated cost of the suit is in excess of $300,000, which should be placed in a trust fund by May 15th, and Downey's share of the suit would be $5,000; also, the Board of Trustees has indicated money collected over and above what is necessary, will be prorated back. Mr. Sorensen stated if Downey does not become a party to the action, come January 1, 1977(1978) and during the following budget year 1978-79, it would be obligated to pay the tax. The City Manager was requested to report back to the Council at its next meeting. Responding to a Council Member's inquiry regarding the street light at Orizaba and Lankin, Mr. Spindel stated the Edison Company has indicated there is no danger. ORAL COMMUNICATIONS Councilman Miller commented on litigation concerning the West Covina Police Officers Association. He said this matter was presented at an Independent Cities' meeting with the hope that the Independent Cities as a group would share in the expense since it may affect all cities, and requested the City Manager report back to the Council as to what Downey's share might be. Councilman Greene inquired regarding the status of the Council Chamber Repair Report. Mr. Thompson replied the report will be presented in the Budget Report. Councilman Greene mentioned he has received three calls from people concerned about the fountains at Wilderness Park, and he asked if there is some way people could be informed of the water usage at the Park during the water shortage. Mr. Spindel suggested newspaper publications and the Communicator. Councilman Greene stated Mr. Warren Heer, Vice Chairman of the Downey Water Board, advised that the Water Board has discussed and would like to know the Council's feelings to the Board becoming involved as a City Emergency Conservation Committee. He suggested the Council request the Water Board to perform the additional task of proposing ideas to conserve energy in the City and that each Council Member also appoint a college age young adult to serve on the committee. Councilwoman Scotto indicated the Dart Program and the Health and Environmental Sanitation Committee have also been considered in the conservation program. Council Minutes 4/26/77 -7- d 33 Mr. Spindel advised discussions have been held regarding combining the total energy conservation effort in the City. Councilman Greene asked Mr. Spindel to propose the energy conservation effort to the Water Board. A discussion was held regarding the Rose Float Association's request for payment by the City of outstanding invoices. Taken under submission. Councilwoman Scotto asked that a letter of appreciation be sent by the Mayor to an organization when it has made a donation to the City. Councilwoman Scotto referred to an article in the Rotarian International Magazine concerning Rotarians volunteering their time to help install sidewalks. Councilman Miller personally thanked former Mayor Scotto for her efforts during the past year. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by unanimous vote to adjourn the meeting in memory of Mr. Tom Collins. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to adjourn the meeting in memory of Mrs. Dorothy Balenti. At 10:05 p.m., Mayor Jennings adjourned the meeting to 7:00 p.m., May 10, 1977, in the Council Chamber of the Downey City Hall, for executive session on personnel salaries, Robert L. Shand, City Clerk -Treasurer Richa d M. Jenning", ayor Council Minutes 4/26/77 -8-