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HomeMy WebLinkAboutMinutes-09-13-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 13, 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. Birchdale Avenue Barricade between Raviller Held in abeyance pending Drive & Lubec Street study re Assessment District 5 Resolution #3454, Confirming Assmt. for Chptr. 27 Proceedings for D.I.P. #689, Site 1, N/s Iowa St. bet. Dolan Ave. & Brookshire Ave. Adopted Resolution #3455, Confirming Assmt. for Chptr. 27 Proceedings for D.I.P. #692, Site 1, S/s Firestone B1. bet. Pangborn Ave. & Stewart & Gray Rd. Adopted Hold conformation of assessment on Site 2, D.I.P. #692 Negative Environmental Declaration on Vacation of a Portion of Century Blvd. ely. of Barlin Ave. Resolution #3456, Declaring intention to Vacate Century B1. ely. of Harlin Ave. Removal of Items from Consent Calendar Minutes: Adj. Reg. Mtgs. May 24, 1977 & May 31, 1977; Reg. Mtg. August 23, 1977 Correspondence from City of Antioch re Compulsory & Binding Arbitration for Public Employees Denial of Legal Claim: Ref. #333 General Warrants: #154792 - 155174 #203796 - 203860 Denial of Legal Claim: Ref. #337 Ordinance #532, Repealing Secs. 6180 - 6196 DMC re Utility Users` Tax Ordinance Amending DMC re Business Licensing Resolution #3457, Designating Alameda St. a th.ru Street at Intersection w/Marbel Av. Resolution #3458, Auth. Use of Certain Access Rights dedicated to City (Laura St.) Resolution #3459, Apprvg. Apptmt. of Mayor Jennings as delegate and Councilman Greene as alt. delegate to 1977 League of Calif. Cities Conference Resolution #3460, Adopting Parking EnfrCmt. Officer, Community Services Coordinator, & Real Estate Officer Specifications Resolution endorsing Action of County Bd. Supervisors in protesting unjust & unfair Auto Insurance Premiuns Approved Certified Adopted Approved Filed Approved Approved Approved Adopted Held to October 25th Adopted Adopted as amended Adopted Adopted Taken under submission CC #418 - Alleys: W/o Downey Ave. bet. 6th & 7th; N/o 7th bet. Smallwood & Rives: Award contract to Sulley-Miller Contracting Co. Approved 5 7 7 7 7 a 8 8 8 a 8 9 10 10 10 YN; Page 1 of 2 COUNCIL MINUTES, SEPTEMBER 13, 1977 TABLE; OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Exchange of R/W for Sidewalk Imprvmts. at 8502 Orange St. & SMF at 12312 Brookshire Approved 11 Agreement w/Downey Unified School Dist. for Community Garden Program at Imperial School Approved 11 Community Transit Funding Appl. - SB 325 Art.4.5 for operating new transit service for physically handicapped Authorize filing 12 Commuter Computer City-wide mailout Approved 12 Legal action for City°s Claim for Damages & Interest for non-payment of Utility Users` Tax against So. Calif. Edison Co. Taken under submission 12 Status of Service Pin Award Program DCMA to vote on proposed procedure 12 Councilwoman Scotto offered to serve as alternate on L.A. Transportation Commission Name to be submitted 13 Council set October 24, 1977, for meeting with Downey Comm. Hospital Board 13 Next Council Meeting to be held September 29, 1977 13 Page 2 of 2 „ 110 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER13, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 13, 1977, in the Council Chamber of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Council Members: Kenneth J. Miller William L. Greene Mayor Pro Tem ---. Hazel N. Scotto Richard M. Jennings Mayor ABSENT: Theodore H. Jackman (excused) ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Harald J. Henriksen, City Engineer Francis E. Carter, Assistant City Planner Charles G. Eccleston, Traffic Engineer Joseph C. Ciraulo, Personnel Officer Terence Middlebrooke, Manager of Revenue 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 Miller. Mayor Jennings advised that Agenda Item XI-D under Resolutions has been moved to Item VI-D under Hearings. HEARINGS Mayor Jennings declared that this is the time and place for the public hearing on the Birchdale Avenue Barricade between Raviller Drive and Lubec Street. He in- quired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any correspondence on this matter. City Clerk Shand read a letter from Mr. Jack E. Robinson voicing opposition to the barricade. Reporting on the staff study of the barricade area, Mr. Eccleston, Traffic Engineer and Chairman of the Traffic Committee, displayed aerial photographs of the study area between Brookshire Avenue, Florence Avenue, Gallatin Road, and Lakewood Boulevard. The first photograph showed the existing condition of the streets with each of the barricades in place. The second photograph illustrated the system that would exist if the barricades were removed. He said the alternative to open- ing the barricade on Birchdale would be to allow the second barricade to remain on Lubec and remove the barricade separating Birchdale. Mr. Eccleston pointed out it is the staff°s opinion of the Police and Fire Departments and Planning, Public Works, and Traffic Division that the intended circulation in the study area with all streets open would be the preferable system. He commented on staffs opinion that the through traffic should occur at a point midway between the northerly and southerly limits of the neighborhood in the vicinity of Lubec just east of Brook- shire, and that section of Lubec being opened to through traffic. Speaking further, Mr. Eccleston stated there are no traffic problems in this area that staff can perceive as an urban area such as Downey; the traffic is within what is anticipated for residential street flow. He said from past reports and work in the area, staff is convinced there has not been a serious traffic problem in terms of excessive traffic or speeds. In responding to questions of the City Council, Mr. Eccleston indicated staff has pointed out that should a disaster situation occur and the single access point is blocked, the other access points are not available; so, it isgenerally desirable to have a secondary access point. Council Minutes 9/13/77 -1- Mr. Eccleston continued that the second matter considered by the Council and Traffic Committee was the residence at 9612 Birchdale, and the following alterna- tives were considered: 1. Relocate the home and reconstruct the unimproved street as the rest of the street is now developed. The estimated cost is between $25,000 and $30,000. 2. Leave the structure in its present location but extend the curb and gutter on its present alignment. This would remove a significant portion of the backyard area. The estimated cost is $19,000. 3. Extending the curbline on its present alignment would permit two-way traffic flow and parking on both sides. 4. Construction of a sufficient roadway to pass two-way traffic without parking. The acquisition of four -to -six feet of the rear yard area and installation of a retaining wall could produce a roadway width of 22 feet, without parking on either side. Mr. Eccleston mentioned that in the course of the study, the impact on Lubec Street was taken under consideration. He said it is logical to assume that a significant number of residences now in the private section of Lubec may be opposed to opening the street, and staff has suggested the circulation of a questionnarire to determine the opinions of the persons on that private section of the street. Staff has also concluded that with reference to the residence at 9612 Birchdale, a further study should be granted in order to determine whether funding might be available for one of the alternatives. Staff°s final conclusion was that as long as the intrusion into 9612 Birchdale was properly signed and marked, it would be a sufficiently safe situation to warrant removal of the barricade at that location. Responding to questions, he reviewed the circumstances surrounding the removal of the barricade. Councilman Greene inquired if there were any requests by the Police or Fire Departments for removal of the barricade during the years it was in place. Fire Chief Wood replied not specifically this barricade; however, in studying each barricading situation, the Fire Department recommends they be eliminated. He said the Firemen have been instructed to back the fire trucks into cul-de-sacs. Police Chief Morgan pointed out that for public safety reasons, barricades restrict access to an area. He said he is opposed to all cul-de-sacs. Mayor Jennings inquired if there was anyone present who wished to speak in favor of the barricade. Ms. Vartanian, 8603 Lubec Street, questioned whether the traffic count could be considered a true reading since the counter was placed during the hottest time of the year and whether non -neighborhood traffic was considered in the study. She read a letter from Mrs. Gillespie who concurred regarding excessive traffic and speeding in the area. Ms. Vartanian disputed the staff condlusions of the traffic study. Mr. Stanley Johnson, 9616 Birchdale, said he lives directly to the south of 9612 Birchdale, the house that juts out into the street. He stated his main concern is safety; that as long at 9612 Birchdale extends out into the street Birchdale should not be opened to through traffic. He commented on the poor visibility when exiting his driveway. Mr. Johnson inquired how close the curb would be to the house at 9612 Birchdale if the City purchased the rear of that property to widen the street. Mr. Eccleston replied three feet. Mrs. Margaret Kopeczky, 9615 Birchdale, cited an increase in traffic when the barricade was removed. Mrs. Keeler, 9612 Birchdale, said children ride their bicycles across the abutment of her property. She indicated that if a portion of her property was taken for widening Birchdale, that portion could include part of her dwelling. Mayor Jennings noted the nearest corner of the house would be three feet in back of the curb, and there would be no sidewalk. Mr. Felix Wilson, 9650 Birchdale, favored the barricade for safety of children and said removal of the barricade would deteriorate the neighborhood. Council Minutes 9/13/77 -2- .a62 Mrs. Margaret Fillet, 9904 Birchdale, spoke regarding a proposal to split the median on Lakewood Boulevard and open up Lubec Street on the west side of Lakewood in conjunction with the development of a market on the east side. This, she said, would open up another artery in the City, and she does not feel that is what the City"s General Plan proposes for this neighborhood. Mr. Dan O'Donovan, 9801 Birchdale, directed questions to the Fire Chief regard- ing accessibility and response time of emergency vehicles entering the Birchdale area. Mrs. Dan O'Donovan, 9801 Birchdale, spoke regarding transient and speeding vehicles in the neighborhood. Mrs. Roxie Pierce, 9811 Birchdale, commented on speeding traffic on Birchdale. Richard Keeler, 9612 Birchdale, raised questions regarding response time of emergency vehicles and excessive speeding on Birchdale. Mr. Brian Mahoney, 9707 Birchdale, favored the barricade as long as there is a house projecting out into the street. Mr. Baker, 9802 Birchdale Avenue, asked who would pay for the removal or re- building of a portion of the property at 9612 Birchdale. Mr. Thompson replied it would have to be by the General Fund of the City. Mr. Al Orlando, 8536 Raviller Drive, said one of the buying features of his property was to live in a cul-de-sac, and when the barricade was removed, the traffic then became unbearable. He referred to a letter from the City and raised questions regarding whether an assessment district would be formed in this area with the property owners being assessed for the improvements. Mayor Jennings replied that traditionally, an assessment district would be formed to pay for the improvements of an unimproved street; however, no decision has been made to form an assessment district. If it is decided to form an assess- ment district, a public hearing would be held. Gay France, 8533 Raviller, stated the residents should not be responsible for one singular area for an assessment; the entire City should share the brunt of the cost. There being no one else wishing to speak in favor of the barricade, Mayor Jennings then asked if there was anyone present who wished to speak in protest. Mr. Bob Brazelton, 10029 Birchdale, said when the barricade was removed, he did :not witness an increase in traffic but only the immediate neighborhood traffic. He stated that logically, outside traffic would not use neighborhood streets when traveling through the City but would stay on streets having signals. Also, Mr. Brazelton spoke in opposition to the barricade placed in the middle of the block on Birchdale and said there are adequate signs informing people of the house extending out into the street. He commented on the danger potential to vehicles attempting to enter Florence from Tristan, and he pointed out that because of the barricade to the north on Birchdale, the residents to the south have to exit the area onto Florence. Mr. Brazelton concluded that removal of the barricade would equalize the flow of traffic. Mr. Harold Wilson, 9931 Birchdale, said he surveyed the area and most people feel the street should be left open if safety measures are taken. He commented on the parking along the Florence Avenue service road between Bellder and Birchdale and the hazard to eastbound vehicles on Florence turning left onto Bellder. He men- tioned he understood the barricade was replaced for legal reasons. For the record, City Attorney Sorensen explained the testimony brought forth prior to reinstating the barricade indicated there was perhaps a lack of study and lack: of information as to the effect of the barricade. He said at that time, it was suggested the barricade be reinstated until appropriate studies could be made to determine whether the barricade would be dangerous or not dangerous. He noted the barricade was put up so the proper studies could be made. Mr. Wilson continued that when he purchased his home it was his understanding Birchdale would eventually be a through street. Mr. Robert Holt, 9956 Bellder Drive, said he is for removal of the barricade because it would reduce the traffic on Bellder and Gainford. Council Minutes 9/13/77 -3- , � 43 Mx. Gilreath, 9820 Tristan Drive, concurred with removal of the barricade and commented people should not be restricted from traveling a direct route through the side streets. Councilman Miller left the meeting at 9:20 p.m. Mayor Jennings stated for the record there is a microphone in the back room, and any Council Member who is there can hear what is being said. Councilman Miller returned to the meeting at 9:22 p.m. Mrs. Joan Wilson, 9931 Birchdale Avenue, spoke in favor of removing the barri- cade for the convenience of residents who live at the southern end of the street, who would then be able to travel north instead of having to exit onto Florence. Also, she said, it would also be convenient for the school buses taking children to and from school. Gay France indicated she is speaking neither for or against the barricade, but that in the event the barricade is removed, it should be strongly considered making Lubec a through street. Joanna Christensen, 9823 Tristan Drive, mentioned she was involved in an acci- dent at Tristan and Florence. For safety purposes, she urged removal of the barricade. Mrs. Stanley Malquist, 9702 Birchdale, said the barricade makes it difficult to exit her driveway when she has visitors; also, the corner of her street has never been swept because the street sweeper does not make the turn. Mike Brazelton, 10029 Birchdale, suggested that a possible solution in removing the barricade would be to install a stop sign. Jay Pederson, 9819 Triston Drive, stated it is his understanding a dedicated street is paid for by all of the taxpayers, and people should not be denied any access that is available, for whatever reason. Jerry Knight, 9918 Birchdale, favored removal of the barricade for access to the north. Mr. A. J. Scavo, 9825 Birchdale, said he did not see any increased traffic when the barricade was removed. There being no one else who wished to speak in protest to the barricade, the City Clerk then read a letter from Julian, Bernice, and Glenn Pederson of 9819 Tristan Drive, favoring removal of the barricade. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to close the hearing. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Councilman Miller indicated there is more of a problem than just the barricade, and he would have liked to have had an opportunity to consider the possibility of creating a cul-de-sac at the north end of the street; it would also appear to be less expensive than moving the house that protrudes into Birchdale and widening the street. He stated it appears the barricade has not presented a problem for 20 years as far as police and fire service to the area, and until there can be a study to determine how the City would accomplish the total solution and the cost involved, he would favor leaving the barricade in place. Councilman Greene pointed out that part of the problem might be the barricade on Lubec, and he suggested a survey of the residents on that street. Councilwoman Scotto concurred with circulating a questionnaire to the people on Lubec; also, she would like to have staff continue to look at the entire situa- tion„ including the safety factors. At this point, she said, she is not in favor of removing the barricade. Mayor Jennings asked if it would be possible to form an area -wide assessment district to open Lubec and Birchdale, install a curb and make whatever changes are necessary at the property protruding onto Birchdale. Mr. Sorensen responded that there are provisions in the Streets and Highways Code to forming assessment districts and putting in public improvements, and the benefitting properties can be assessed. After reports and public hearings, the Council would determine those properties who would primarily benefit. Council Minutes 9/13/77 -4- aU44 Mayor Jennings noted the City has the Community Development Fund and the possibility of other Federal funds and could possibly contribute some money with each resident paying a nominal amount. He then stated he would like to see the Engineering Division conduct further studies to determine what the area should be, compute the assessment, and continue any decision until that time. It was moved by Mayor Jennings, seconded by Councilwoman Scotto, and passed by the following vote that the Council decision be held in abeyance until such time as the Engineering and Traffic Divisions can outline an area of interest and make necessary studies to determine the approximate assessment for each property, and then possibly hold a public hearing. Mayor Jennings noted that in approximately six weeks, the Council should have an answer as to whether it is feasible to have an area -wide assessment district, or whether it is not feasible. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Mayor Jennings declared a recess at 9:50 p.m. The meeting resumed at 9:57 p.m. with the following Council Members present: Miller, Greene, Scotto, Jennings. Councilman Jackman was absent. Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project #689 Site 1 North side Iowa Street between Dolan Avenue and Brookshire Avenue. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. City Engineer Henriksen reported on the location and improvements involved. He said since the property is income producing, it is felt consideration should be given to minimizing the pay-off period, and with interest for a one year assessment of $304.22, the amount of $4456.84 to be collected over a one-year period is recommended. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to accept the Engineer's Report as written. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvement, and there was no response. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 689, SITE 1, NORTH SIDE OF IOWA STREET BETWEEN DOLAN AVENUE AND BROOKSHIRE AVENUE The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3454. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project #692 Sites 1 and 2 South side Firestone Boulevard between Stewart and Gray Road and Pangborn Avenue. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. Council Minutes 9/13/77 -5- ,. aCl 5 It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. City Engineer Henriksen reported on the costs for improvements as follows: Site 1 - 9506 Firestone Boulevard Site 2 - 9510 Firestone Boulevard Total Cash Assessment $1,487.55 Interest, 1-yr Assmt. 108.98 Total to be collected $1,596.53 Total Cash Assessment $1,796.12 Interest, 1-yr Assmt. 131.58 Total to be collected $1,927.70 It was moved by Councilman Greene, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report as written. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements. Mrs. Anna Lipus, 9510 East Firestone Boulevard, stated a complaint regarding the work performed in front of her property and asked that it be corrected. She said cars scrape across the top of the driveway, and the right side of the drive- way also needs to be corrected. Mrs. Lipus pointed out that as soon as the work is corrected and safe for the public, she will pay for the work performed. Mayor Jennings said the Council will withhold any action until a thorough inspection has been made and any necessary repairs made. A report will be brought back to the Council. Mrs. Lipus reviewed the City's contact with her regarding the improvement of her property for which she was to receive matching funds; however, she was informed that because the project was delayed she will not be eligible for them. Mr. Bernard Lipus, son of Mrs. Lipus, outlined on the board the problem that exists regarding the elevation of the driveway and adjoining trough. He explained his mother received a letter from the City that she reconstruct her driveway to correct this problem. Councilman Miller asked that the Council be provided a copy of the letter and receive a report back from staff. Mayor Jennings stated the City Attorney recommends the hearing be closed and the action on both assessments held in abeyance until this matter has been settled. It was moved by Councilwoman Scotto to close the hearing. It was also suggested by the City Attorney that the Council can modify the resolution to confirm only the assessments on Site 1. The motion to close the hearing was seconded by Councilman Miller and passed by the following vote. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Mr. Henriksen displayed plans showing the driveway design. He said Firestone Boulevard is a State highway and the State requires a straight line across the back side of a driveway creating high elevation. The State would not approve any alterations. He further explained the present design of the driveway and responded to questions of the City Council. Mr. Henriksen pointed out that a solution was suggested of installing a pipe system for pumping the water out when it rains; but because of the cost to the pro- perty owner, this was not considered. He commented that Sidewalk Matching Funds were approved for this project and noted after three months had elapsed, Mrs. Lipus had not applied for the match funds. Since the policy on Priority I streets states the City will pay one-half the cost for sidewalk construction providing the property owner applies voluntarily according to the conditions, the Council denied the Matching Funds. Mr. Sorensen noted the Resolution has been modified to delete Site 2. Council Minutes 9/13/77 -6- RESOLUTION NO. 3455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 692, SITE 1, SOUTH SIDE OF FIRESTONE BOULEVARD BETWEEN PANGBORN AVENUE AND STEWART AND GRAY ROAD The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3455. AYES. 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to hold the confirmation of the assessment on Site 2 on Downey Improvement Project No. 692. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Mayor Jennings declared that this is the time and place for the public hearing on Negative Environmental Declaration on Vacation of a Portion of Century Boulevard east .Yly of Barlin Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and so ordered to receive and file the Affidavit. Mr. Carter reported on the location of the proposed vacation and read Section 5164 of the Environmental Quality Act of the State of California. He stated the finding of Staff was a negative declaration, and the Planning Commission has so certified that the vacation has no significant effect upon the environment and general welfare of the community. Mayor Jennings inquired if the City Clerk had received any correspondence on this matter. The City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Negative Environmental Declaration, and there was no response. He then inquired if there was anyone present who wished to speak in favor, and there was no response. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to close the hearing. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to certify the Negative Environmental Declaration. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE CENTURY BOULEVARD EASTERLY OF BARLIN AVENUE It was moved by Councilwoman Scotto, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3456. Councilwoman Scotto inquired whether the contractor has offered to install an island on Century Boulevard. Mr. Thompson replied it was indicated the contractor would be willing to build an island at Century and Harlin so as to prohibit or discourage right-hand turns or northbound traffic from Century onto Barlin. However, this is still in the dis- cussion stage by City staff. Council Minutes 9/13/77 -7- 6647 AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman CONSENT CALENDAR Mr. Thompson asked that Agenda Item VIII-E-21 correspondence from Cerritos Corridor Juvenile Diversion Project, be referred to staff for report; a budget has not been received and, therefore, the amounts are not known at this time. The Agenda item was removed from the Consent Calendar. Legal Claim Reference #337 was also removed from the Consent Calendar. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meetings of May 24, 1977 and May 31, 1977. Minutes: Regular Meeting of August 23, 1977. Correspondence from City of Antioch regarding Compulsory and Binding Arbitra- tion for Public Employees. Denial of Legal Claim: Ref. #333, Mary Stotler. General Warrants: #154792 - 155174; #203796 - 203860: $1 212 384.23. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman The correspondence from Cerritos Corridor Juvenile Diversion Project requesting additional cumulative match funds was referred to staff for report. Commenting on the Leal Claim of Mike MCTiernan, Ref. #337, Councilman Miller said it is stated in the claim that although it is felt the City did not cause the injury, since it happened at the park the City should be covered by insurance. He mentioned this kind of attitude has cost the City a great deal of money, and he feels; people have some responsibility to pay the bills themselves. It was moved by Councilman Miller, seconded by Councilman Greene, and passed by the following vote to deny the legal claim of Mike McTiernan. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman ORAL COMMUNICATIONS (Items not on Agenda) None. ORDINANCES ORDINANCE No. 532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 6180 THROUGH 6196 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO UTILITY USERS' TAX The Ordinance was read by title only. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 532. Mayor Jennings mentioned Council has received a memo from the Finance Depart- ment,, and he asked that the Council discuss it before voting. He then commented on the possible change in the method of collecting taxes. He reviewed the process leading up to the drafting of the Ordinance for repealing sections of the Utility Users' Tax, including formation of a Tax Study Committee. Mayor Jennings commented on how the revenue system will be affected through discontinuance of the Utility Users` Tax and its impact upon property owners. A discussion followed, wherein Councilman Miller rebutted some of the points mentioned by Mayor Jennings regarding a relationship of the Utility Users' Tax as compared to the Property Tax system. During further discussion, Mr. Wynne, Director of Finance, pointed out that if the City were to spend the amounts in the Water Fund or Revenue Sharing Fund, Council Minutes 9/13/77 -8- it would be advantageous to retain the Utility Users' Tax as a means of assuring continued month -to -month revenue collections. He said the City's ability to generate General Fund revenues in the fiscal year 1978-79 appears to have been diminished $123,000 per year as compared to the revenue generating ability that would have existed had the Property Tax remained at 66C and the Utility Users' Tax at the five percent rate. Mayor Jennings asked if there was anyone present who wished to speak regarding repeal of the Utility Users Tax. Mr. Larry Hoag, 10551 Paramount Boulevard, cited the effect this could have on the property owners of income property, wherein they may not be able to pass the increase in Property Tax through to the tenant due to the terms of an existing lease. Councilman Miller commented there is a certain amount of calculated risk when a person invests in income property; however, he also feels there are certain advant- ages and benefits to owning income property. Mr. James Santangelo, 8426 Dacosta Street, stated if the Utility Users' Tax is repealed and there becomes a higher Property Tax, the property owner of income pro- perty could increase the rent to offset the increase in Property Tax. Mrs. Signi Van Hoeven, 8533 Donovan Street, spoke regarding the senior citizens who will be affected by the Property Tax increase, because those who rent will have their rent increased. Mr. Lee Bucholz, 10230 Hopeland Avenue, commented that people will now be forced to save an additional amount of money to meet the increased Property Taxes each year; also, the property owner will pass the increase to his tenants. Mr. Thompson pointed out that if the Utility Tax is repealed the new tax structure would then yield less revenue by $123,000 next year as compared to what the current tax structure would have generated. Discussion ensued. Roll call vote on adoption of Ordinance No. 532: AYES: 3 Council Members: Miller, Greene, Scotto NOES: 1 Council Member: Jennings --- ABSENT: 1 Council Member: Jackman Mayor Jennings declared a recess at 12:15 a.m. The meeting resumed at 12:20 a.m. with Council Members Miller, Greene, Scotto, Jennings present. Councilman Jackman was absent. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6240, 6242, 6247, 6248.1, 6250, 6254, 6255, 6256, 6266, AND 6267 OF CHAPTER 2, ARTICLE VI OF THE DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSING The Ordinance was read by title only It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilwoman Scotto and seconded by Councilman Greene to adopt the Ordinance. Mr. Larry Hoag pointed out that the Miscellaneous Businesses under Section 6255 will be raised 20 percent, and the license rate for apartment houses will be in- creased 100 percent, or doubled. He said the apartment owner or business owner cannot necessarily pass the increase on to the tenants or customers. Mr. Richard Bissing, 10642 Downey Avenue, speaking on behalf of the Downey Chamber of Commerce, commented regarding the Chamber's concern that the tax is discriminatory and inequitable. Further, he said, the Chamber requests adoption of the Ordinance be postponed until November 8 1977, to allow further review of the tax among comparable cities. Mr. Middlebrooke, Manager of Revenue, said postponing the Ordinance would have no effect on the City's current operation since it is not slated to take effect until January 1, 1978. Council Minutes 9/13/77 -9- �36 9 Mr. Bill Cole, Manager of the Downey Chamber of Commerce, mentioned the November 8th date was requested in order to allow the Chamber 45 days to conduct its study. Mayor Jennings suggested the Chamber be given access to the City°s survey notes from surrounding cities. The Ordinance was then held to October 25th RESOLUTIONS RESOLUTION NO. 3457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING ALAMEDA STREET A THROUGH STREET AT ITS INTERSECTION WITH MARBEL AVENUE The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3457. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE USE OF CERTAIN ACCESS RIGHTS DEDICATED TO THE CITY The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3458. Councilwoman Scotto said there definitely should be trees in conjunction with the paving. Section 3 of the Resolution was amended to include "and provide trees as required by the City." Roll call vote to adopt the Resolution as amended: AYES: 3 Council Members: Miller, Scotto, Jennings NOES: 1 Council Member: Greene ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MAYOR RICHARD M. JENNINGS AS DELEGATE AND COUNCILMAN WILLIAM L. GREENE AS ALTERNATE DELEGATE TO THE 1977 LEAGUE OF CALIFORNIA CITIES CONFERENCE The Resolution was read by title only. It was moved by Councilman Miller, seconded by Mayor Jennings, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Mayor Jennings, and passed by the following vote to adopt Resolution No. 3459. AYES: 3 Council Members: Miller, Scotto, Jennings NOES: 1 Council Member: Greene ABSENT: 1 Council Member: Jackman RESOLUTION NO. 3460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING PARKING ENFORCEMENT OFFICER, COMMUNITY SERVICES COORDINATOR AND REAL ESTATE OFFICER SPECIFICATIONS The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and so ordered to waive further reading. Council Minutes 9/13/77 -10- a6so It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3460. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ENDORSING THE ACTION OF THE LOS ANGELES COUNTY BOARD OF SUPERVISORS IN PROTESTING THE UNJUST AND UNFAIR AUTOMO- BILE INSURANCE PREMIUMS BEING IMPOSED ON LOCAL RESIDENTS The Resolution was read by title only. It was moved by Councilman Greene, seconded by Mayor Jennings, and so ordered to waive further reading. Councilwoman Scotto mentioned she has questions regarding this and would not be in. favor of adopting the Resolution. Mr. Thompson commented regarding the arguments that have been raised on this issue, and he suggested a further review prior to adoption. Taken under submission. CASH CONTRACTS Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to award Cash Contract #418 - Allevs: West of Downev Avenue between Sixth and Seventh Streets; and Nort. of Seventh Street between Smallwood Avenue and Rives Avenue (Account #21-13942), in the amount of the unit prices bid, to Sulley-Miller Contracting Co. of Long Beach, the lowest and best bidder. Questions were raised regarding reserve funds in the budget to cover this project. Mr. Henriksen stated the cost estimates usually contain a contingency factor of at least ten percent to cover any increases during the ensuing year. He explained the reason for the increase in the bid for alley work. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve Exchange of Right -of -Way for Sidewalk Improvements at 8502 Orange Street, and Sidewalk Matching Funds at 12312 Brookshire Avenue in the amount of $1,450 (Account #71-15008). AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Mr. Sorensen advised that Amendment No. 4 to the Water Acquisition Agreement extends the closing date to January 13, 1978. As far as Downey is concerned, he said, the agreement provides that in the event purchase of the Southern California Water system cannot take place, then Downey and Pico Rivera will still proceed to acquire the Park Water system within their respective boundaries at the same price specified in the contract. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve Amendment No. 4 to the Water Acquisition Agreement. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Unified Schc at Garden Mr. Mike Huggins, 13207 Deming Street, Sub -committee Chairman of the Program, commented on the proposed cost for fencing, and noted the garden was planned for a high visual area for people to see. A rental of $10.00 per year will be charged. A screening committee will be set up to review the applications, but the participants will not be selected on who can or cannot pay the rental. Mr. Huggins further commented on the volunteer labor that has been donated, and he pointed out that this project will benefit the students as well as the citizens. Council Minutes 9/13/77 -11- It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to approve the Community Garden Agreement with Downey Unified School District. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Community Transit Funding Application - SE 325 Article 4.5 It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to authorize the filing of a request with the Los Angeles County Transportation Commission for Article 4.5 Transit Funds for the basic purpose of operating a new transit service for the physically handicapped. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Councilwoman Scotto requested Council consideration of approximately $800 to cover the cost for a City-wide mail -out regarding the Commuter Computer. Councilman Miller asked that the mail -out include information regarding the tax change in the City. Mr. Thompson suggested the Council consider sending out a City-wide Communicator. Discussion followed. Councilwoman Scotto mentioned an energy meeting will be held Thursday (September 15th) in the west Conference Room at 1.00 p.m. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the amount of $800 for a City-wide mail -out regard- ing the Commuter Computer. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Staff was excused from the meeting. CITY MANAGER'S REPORT Mr. Thompson urged Council consideration of authorizing the City Attorney to take legal action regarding the City's Claim for Damages and Interest for Non -Payment of Utility Users' Tax against Southern California Edison Company. Mayor Jennings inquired if there is any guarantee the City will receive the $87,000 penalty. Mr. Thompson replied no; however he does not feel enforcement of the City's ordinance should be ignored since the Edison Company owes this amount to the City. Councilman Miller commented on the request of the City for the utility companies to collect the Tax for the City. Mr. Thompson pointed out that in this case, the utility companies are required by law to serve the community by collecting the Tax. Discussion, followed. Mayor Jennings stated that before the Council leaves for the League Conference in San Francisco, he would like the City Manager to make an appointment for a meet- ing with an Edison Company representative. He asked that at least two Council Members and the City Manager attend the meeting to discuss this matter. Following further discussion, the legal action was taken under submission. ORAL COMMUNICATIONS Councilman Miller extended his appreciation to the City Council for repealing the Utility Users' Tax. Councilman Greene inquired regarding the status of the service pin award program. He was advised that the Downey City Management Association will be taking action on a proposed procedure at its next meeting. Council Minutes 9/13/77 -12 6652 Councilwoman Scotto offered to serve as an alternate on the Los Angeles Transportation Commission and asked the Council, if it concurs, to submit her name while she is away. Mayor Jennings reported on a request from the Downey Community Hospital for the Council to set a date sometime during the end of October to meet with the Hospital Board and City Manager. The Council set Monday, October 24, 1 777. 1977. It was noted the next City Council meeting will be held at 7:30 p.m., September 29, 1977, in the Council Chamber of the Downey City Hall. There being no further business to come before the City Council, the meeting was adjourned at 1:35 a.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 9/13/77 -13-