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HomeMy WebLinkAboutMinutes-10-11-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 11, 1977 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Vacation of Century Boulevard easterly of Hearing closed; taken under Barlin. Ave., Vacation #123 submission to next meeting Minutes: Regular Meeting of Sept, 29, 1977 Denial of Legal Claim: Ref. #343 General Warrants: #155436 - 155877 #203909 - 203971 Approved Approved Approved Ordinance #533, Repealing Ord. #532 & Establishing Effective Periods for Terminat- ing Imposition of Utility Users' Tax Adopted Resolution confirming assmt. for Chptr. 27 for DIP #692, Site 2, S/s Firestone B1. DIP #692, Site 2, S/s Firestone B1.: Change assmt. & allow City to pay Sidewalk Match Resolution #3465, Apprvg. Application for Grant Funds under Roberti-Z'Berg Urban Open -Space & Recreation Program Taken under submission Approved Adopted PAGE NO. 1-3 3 3 3 3 4-5 4 G Resolution #3466, Auth. & Req. Dir. Personnel and/or Civil Service Comm. of County to Perform Personnel Services Adopted 6 Resolution #3467, Decl. Unoccupied Structures in 105 Freeway Corridor threat to pub. health Adopted 6 CC #409, Parking Lot, & CC #410, Bldg. Mods., both at Apollo Park Neighborhood Center: Plans, specs & auth. to advertise (A/C #29-13933) Approved 6 CC #413, Removal of Handicap Barriers at Apollo, Furman, & San Gabriel Parks: Reject bid rec'd. & grant auth. to modify plans & specs & readvertise (A/C #21-13929) Approved 6 CC #425, Cleaning of Palm Trees, Various Locations (A/C #10-4-3352, 10-4-4210, & 52-4-4410): Specs & auth. to advertise Approved 7 New Three-year Contract for Police vehicles & maint. for 10/1/77 - 10/1/80 on Purchase Cont. #210 as bid by Downey Dodge, Inc. Approved 7 Sidewalk Matching Funds, M.F. #4-7 Approved 7 Adjustment of Rates for Collection of Refuse for single & multiple family residences Approved 7 Appropriation of $8214 Anti -Recession Fiscal Aid Funds to purchase concrete for curb, gutter & sidewalk repair to A/C 410-4-3314 Approved 7 Councilwoman Scotto suggested Rives Mansion Council to contact President of Committee be formed Downey Historical Society 7-8 Discussion re rat problem in City 8 Asphalt sidewalk at corner of Paramount & Dir. Comm. Dev. to review City's Florence R/W at this location 8 Executive Session 8 Auth. City Attorney to file action against So. Cal. Edison Co. for penalties & interest on Utility Users' Tax Approved $ Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 11, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 11, 1977, in the Council Chamber of the Downey City Hall, Mayor Pro Tem William L. Greene presiding. PRESENT: Council Members: Kenneth J. Miller William L. Greene Mayor Pro Tem Theodore H. Jackman Hazel N. Scotto ABSENT: Richard M. Jennings Mayor (excused) (arrived at 7:52 p.m.) A..LSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Joseph C. Ciraulo, Personnel Officer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Miller, followed by the Invocation delivered by Councilman Jackman. HEARINGS Mayor Pro Tem Greene declared that this is the time and place for the public hearing on vacation of Century Boulevard easterly of Barlin Avenue, Vacation No. 123. He inquired if there was anyone present who wished to speak either in favor or in opposition to the Vacation. Mr. Phillip Nicholson, representing W & B Builders, Inc., said he is speaking in opposition to the proposed vacation. He stated his clients are the owners of the ten -acre parcel on the southeast corner of Downey Avenue and Century Boulevard in the! City of Paramount, and the centerline of Century is the boundary between Paramount and Downey. Mr. Nicholson mentioned the property is now in the process of being developed into a subdivision containing 184 units; the City of Paramount has required the owners to dedicate that portion of Century Boulevard in Paramount just east of Barlin Avenue, with the street being improved with 36 feet of full paving. He noted that at the present time the portion of Century Boulevard to be considered for dedication is paved and in good condition with curb and gutter; the distance of the rest of the street to be dedicated is mostly fenced off and separated from the properties to the north. Mr. Nicholson commented on the City of Paramount's approval of the subdivision, which was appealed by the City of Downey, and at: that time his clients became aware the City of Downey was concerned about the traffic that would be generated into Downey streets, visitors parking on Downey street., and continued maintenance costs of Century Boulevard. He said his clients then attempted to work out a compromise with Downey staff, and his clients agreed to delete approximately four units and create parking spaces in lieu of those units.. Referring to the subdivision maps, Mr. Nicholson explained the plans were redesigned to divert as much subdivision traffic as possible away from Century Boulevard, as well as creating additional parking spaces; also, a suggestion to create islands to not allow vehicles to pass through was rejected by Paramount. He said the subdivision was revised in hopes of achieving some of the changes, and Paramount approved the redesign on June 21, 1977. Mr. Nicholson pointed out that his clients are caught in the middle of the conflicting desires of two jurisdictions and have been unable to resolve these problems. He commented on a traffic study conducted by the County of Los Angeles acting as Traffic Engineer for the City of Paramount, and that the study anticipated the subdivision will generate a small amount of traffic, projecting approximately 600 traffic movements per day onto Century Boulevard from the subdivision. Mr. Nicholson stated it is hoped that the City Council will not vacate the street; but in the event the street is vacated, presumably his clients would have to provide for widening of the street on the Paramount side. For the record, he said it is he and his clients' position that the street should not be vacated, and if it is, they will be obliged to seek any recompense they feel they are entitled to as a result of any damages. Mr. Nicholson Council Minutes 10/11/77 -1- questioned whether there had been an environmental assessment of the dedication and pointed out that his clients have done what they can to accommodate the view- points of the two cities involved. For the record, Mr. Nicholson submitted the traffic study of the County of Los Angeles acting as Traffic Engineer for the City of Paramount dated June 24, 1977. The study was received and identified by City Clerk Robert Shand. air. Nicholson responded to questions regarding the County Traffic Study and the effect: the vacation would have on the subdivision. Mayor Jennings arrived at the meeting at 7:52 p.m. Mr. Thompson inquired whether there are any plans to utilize any portion of Century Boulevard, if not vacated, for on -street parking and whether the streets within the subidivision will be used for parking. Mr. Nicholson replied there are no plans to use any portion of the dedicated street: for parking purposes. Mr. Thompson pointed out that Barlin Avenue would be the only overpass between Downey Avenue and Lakewood Boulevard. Mrs. Edward Horn, 8726 Parkcliff, favored the vacation of Century Boulevard because she said it would allow protection to the rear of the properties that back onto Century. Speaking to the traffic study, she indicated that much of the traffic from the subdivision could come back onto Barlin, and she favored the clos- ing of Barlin Avenue completely. Mr. Goggin indicated the first tentative tract map originally approved by the City of Paramount was prepared February 23, 1977; a revised tentative tract map was prepared June 20, 1977. He commented on the City of Downey's opposition to the design of the proposed subdivision because of the amount of traffic that could be generated on Downey streets. Also, he said, the City of Downey is not as concerned with the traffic leaving the subdivision but with the return traffic, and Downey staff does not agree that the majority of the traffic leaving the subdivision will travel. south instead of north through Downey streets, particularly if the I-105 Freeway is constructed. Mr. Goggin commented on the narrow streets in Downey that could be affected by the traffic from the subdivision, including parking problems, and he said Downey has been unable to get any resolve from the City of Paramount. Mr. Thompson emphasized the subdivision could have a detrimental effect to the property owners, particularly on Barlin Avenue, because the street was not designed for purposes of a collector type street. Mr. Goggin indicated that installation of islands would have eliminated any serious traffic problems. Discussion followed. Councilman Jackman suggested working out a compromise with the City of Paramount. Mayor Pro Tem Greene asked that this matter be held over for further discussion because of the misunderstanding between the cities. Councilwoman Scotto concurred. She suggested a solution might be to create cul-de-sacs on Barlin, Verdura, and Earnshaw. Mr. Nicholson said he would be agreeable to working out a solution and to have the matter held over for a reasonable period of time. It was moved by Mayor Jennings, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. A discussion was held regarding the City's responsibility to maintain Century Boulevard. Mayor Jennings suggested exploring the possibility of quitclaiming Downey's portion of Century Boulevard to the City of Paramount. Mr. Thompson replied there may be several alternatives the Council can con- sider. He pointed out that the vacation of Century Boulevard would create an extension to the rear property line for those people whose properties back onto Century and also reduce the possibility of vehicles parking at the rear of their back yards. Council Minutes 10/11/77 -2- Mayor Jennings asked what it would entail if the City of Paramount were to accept an offer from the City of Downey for its half of Century Boulevard. Mr. Sorensen replied there are certain provisions for annexing property within one city to another city and would require action by both cities. The procedures, he said, are not overly complicated. Councilwoman Scotto volunteered to join Councilman Miller in contacting the City of Paramount. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to take the Vacation of Century Boulevard under submission until the next Council meeting. Mayor Jennings asked Mayor Pro Tem Greene to continue chairing the meeting inasmuch as he may have to leave. He then noted that he appeared before the Paramount City Council and asked for a full meeting between the two Councils; however, the Paramount City Council offered to send two Council Members and those two members were empowered to act for the Council. He said the Downey City Council tonight has not empowered Council Members Scotto and Miller to speak in its behalf. REMOVAL OF ITEMS FROM CONSENT CALENDAR (None) CONSENT CALENDAR It was moved by Councilwoman Scotto, seconded by Mayor Pro Tem Greene, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of September 29 1977. Denial of Legal Claim: Ref. #343, James Lynn Hooton. General Warrants: #155436 - 155877; #203909 - 203971: $798,435. AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings ORAL COMMUNICATIONS (Items not on Agenda) ORDINANCES ORDINANCE NO. 533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ORDINANCE NO. 532 AND ESTABLISHING THE EFFECTIVE PERIODS FOR TERMINATING THE IMPOSITION OF THE UTILITY USERS'S TAX The Ordinance was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further reading. Responding to questions, Mr. Sorensen said this is not an emergency ordinance -- it is an ordinance effective under the provisions of Section 514(c) of the Downey City Charter. It was moved by Mayor Jennings, seconded by Councilwoman Scotto, and passed by the: following vote to adopt Ordinance No. 533. Mr. Sorensen explained he felt it would be more appropriate to suspend the Utility Users' Tax than to repeal it; however, the Tax can be reactivated by enact- ing a new ordinance. He stated certain utility collection dates are involved, and an ordinance that is repealed cannot be repealed to a future date, but it can be suspended to a future date. Mr. Thompson pointed out it is not known what the utility company billing periods are. Also, he said, the Utility Tax will be phased out just like it was phased in, and it will accommodate the companies because they cannot prorate the bills. AYES: 4 Council Members: Miller, Greene, Jackman, Scotto NOES: 1 Council Member: Jennings Council Minutes 10/11/77 -3- ess RESOLUTION NO. 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 2, SOUTH SIDE OF FIRESTONE BOULEVARD BETWEEN PANGFORN AVENUE AND STEWART & GRAY ROAD The Resolution was read by title only. It was moved by Mayor Jennings, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Mayor Jennings and seconded by Councilwoman Scotto to adopt the Resolution. Councilman Miller mentioned his car did scrape when backing out to the right of the driveway, and it his opinion the work could have been done better than it was. He inquired regarding whether the driveway could be made wider, whether the abrupt slope could be corrected, and who would pay the costs for the work. Mr. Spindel explained that on the east side of the driveway there is a pile of rocks and a post, so it could not extend out any further than it is. He said the curb is a standard transition, and because it is a State Highway, the work had to be done according to the State requirements; also, the reason for the abrupt slope on the property side is for the purpose of drainage. As to the costs, Mr. Spindel indicated that would be up to the determination of the Council. Mayor Pro Tem Greene inquired if there might be a misunderstanding on the matching funds, particularly with regard to the letter that was sent out by the City. Mr. Spindel indicated there is possibly a misunderstanding, and in the future, the wording will be changed so there will be no further misunderstandings as to the City°s policy. He mentioned the City portion of matching funds for this project is approximately $210, and he reviewed the contacts with the property owner regard- ing the Council approval of the matching funds and subsequent denial after the deposit and agreement were not received in the required time from the property owner. Mr. Spindel explained in the letter sent to the property owner informing her of: the matching fund approval there was no time limit set forth. Mayor Jennings stated if there is a current business license on the property and the property is used as a motel, then there should be an ample two-lane drive- way access; however, due to the Swale, in his opinion the driveway is not adequate. He feels it is up to the City to correct it. He also noted he counted eight places in the driveway where vehicles have scraped. Councilman Miller said in his opinion a 21-foot driveway width is not sufficient for a street like Firestone Boulevard. Councilwoman Scotto stated she feels the City's intent was good, however, there was not enough information given to the property owner; also, there were good intentions on the part of the property owner, and she feels matching funds should be allowed with the City paying the additional cost to correct the problems if the property owner concurs. She asked that staff confer with the property owner to establish her desires on this matter and also to take this matter under submission. It was moved by Councilwoman Scotto to amend the previous motion to change the assessment amount and allow for the City to pay the Sidewalk Matching Fund. Mr. Sorensen advised the Council may modify the assessment, and if it chooses to do so, it would be appropriate to adopt a resolution confirming the assessment as modified. The amended motion was seconded by Mayor Pro Tem Greene and passed by the following vote. AYES: 3 Council Members: Miller, Greene, Scotto NOES: 2 Council Members: Jackman, Jennings RESOLUTION NO. 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 2, SOUTH SIDE OF FIRESTONE BOULEVARD BETWEEN PANGBORN AVENUE AND STEWART & GRAY ROAD, AS MODIFIED Council Minutes 10/11/77 -4- 5967 The Resolution was read by title only. It was moved by Mayor Jennings, seconded by Mayor Pro Tem Greene, and so ordered to waive further reading. It was moved by Mayor Jennings and seconded by Councilwoman Scotto to adopt the Resolution. Councilman Miller questioned taking action on the resolution until after making a determination on correcting the driveway problem. P[r. Bernard Lipus, speaking on behalf of his mother, the property owner, said his mother was informed by letter that when the job was completed she would receive matching funds and she was agreeable to this. Mr. Thompson said the letter is referring to the curb and gutter improvement and has apparently been misunderstood. Councilman Miller asked Mr. Lipus what in his opinion would resolve the problem of the large dip in the driveway. Mr. Lipus replied making the access such that cars entering and leaving do not scrape:. He raised questions regarding driveway standards and suggested that if the driveway apron had been lengthened the swale would not have been required. Mr. Lipus said he feels it is the responsibility of the City to correct the problem and that the property owner should not have to bear the cost of this work because she agreed to have the driveway put in. Councilwoman Scotto asked that this be held over so that Mr. Lipus can receive a copy of what is proposed by the City to correct the problem. In reviewing the design of the driveway which was displayed, Mr. Henriksen discussed how the driveway could be modified to correct the problem with the Swale, but he pointed out this could also create a drainage problem. It was moved by Mayor Jennings, seconded by Councilman Miller, and so ordered to hold the motion to adopt in abeyance pending decision on the driveway. It was then moved by Mayor Jennings and seconded by Councilman Miller that the City fix the driveway apron as shown in the displayed sketch and as stated in the last paragraph of the memorandum dated September 21, 1977. Councilman Jackman asked what would happen if this correction does not satisfy the property owner. Mr. Sorensen advised the City would have to receive permission from the pro- perty owner for the City to do the work. Councilwoman Scotto then asked that this matter be tabled and that staff dis- cuss the solutions with the property owner and bring back a proposal to the Council. Taken under submission. RESOLUTION NO. 3465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z°BERG URBAN OPEN -SPACE AND RECREATION PROGRAM The Resolution was read by title only. It was moved by Mayor Jennings, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3465. Mr. Thompson explained there is a cash match on this, which was approved by the Council and appropriated in the Capital Improvements Budget. The City°s match will be $20,000. Responding to questions, Mr. Neavill pointed out that State Park Bond Funds in the amount of $287,000 have been approved for Independence Park and should be available by the end of the year. AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings Council Minutes 10/11/77 -5- RESOLUTION NO. 3466p�� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING AND REQUESTING THE DIRECTOR OF PERSONNEL AND/OR THE CIVIL SERVICE COMMISSION OF THE COUNTY OF LOS ANGELES TO PERFORM PERSONNEL SERVICES The Resolution was read by title only. It was moved by Mayor Jennings, seconded by Councilman Miller, and so ordered to waive further reading. It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3466. RESOLUTION NO. 3467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT THE UNOCCUPIED STRUCTURES WITHIN THE 105 FREEWAY CORRIDOR ARE A THREAT TO PUBLIC HEALTH AND SAFETY The Resolution was read by title only. It was moved by Mayor Jennings, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Mayor Jennings, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3467. Councilwoman Scotto cited a need for good housing and suggested a review of the homes in the freeway area that could be rented. She also suggested contacting the State to get the agreement altered so the City can handle the rental of these homes. Councilman Jackman stated he thinks the freeway area is detrimental to the health and safety of the people and is a problem that needs to be corrected. Councilwoman Scotto reiterated her feeling that those homes which are habitable should be retained. Mayor Jennings mentioned there was a Council action several years ago as response to the Federal Judge who said the homes should be rented, and each house was surveyed at that time with a reconstruction cost being placed on each home. Most of the homes, he said, could not be made livable for less than $2400. Mr. Thompson noted staff is in that area nearly every day and the homes have been a growing problem on a daily basis, which has caused not only tremendous ex- pense to the City but is a growing concern with regard to the impact on the adjoining properties. He said it would be a difficult task to give an exact figure of what it would cost to rehabilitate each dwelling, and it would be a substantial undertaking in that it would require people to go in and make assessments of each house, as well as the real estate task of renting or leasing that house. Mr. Thompson stated it was felt that under the original Closing or Performance Agreement with the State the best thing that could happen to that area if the State acquired the property was to have the housing removed and the property cleared. He concluded that most of the homes are no longer habitable, and it would probably not be economic or cost effective to go in and rehabilitate them. AYES: 4 Council Members: Miller, Greene, Jackman, Jennings NOES: 1 Council Member: Scotto Mr. Sorensen said it would be advisable to mail certified copies of the Resolution to the head of the Department of Transportation and Caltrans° Attorney's office. Mr. Spindel indicated a copy would also be sent to the district office for Caltrans. CASH CONTRACTS It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by unanimous vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #409, Parking Lot, Apollo Park Neighborhood Center, and Cash Contract 4410, Building Modifications, Apollo Park Neighborhood Center (Account #29-13933). It was moved by Mayor Jennings, seconded by Councilman Jackman, and passed by unanimous vote to reject the bid received on Cash Contract #413, Removal of Handi- cap Barriers at Apollo Furman, and San Gabriel Parks, and grant authority to modify the plans and advertise for bids again (Account 421-13929). Council Minutes 10/11/77 -6- It was moved by Mayor Jennings, seconded by Councilman. Jackman, and passed by the following vote to approve specifications and grant authority to advertise for bids on Cash Contract#425, Cleaning of Palm Trees, Various Locations (Account Nos. 10-4-3352, 10-4-4210, and 52-4-4410). Mr. Spindel mentioned the palm fronds will be removed from the top of the trees to prevent the danger of their falling. AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by the following vote to grant approval of a new Three-year Contract for Police Vehicles and maintenance thereof for the period of October 1, 1977, to October 1, 1980, on Purchase Contract No. 210, as bid by the lowest and best bidder, Downey Dodge, Inc., of Downey. During discussion regarding the trade-in of police vehicles, Chief Morgan noted the maintenance per mile is the same as in the current contract. AYES: 4 Council Members: Miller, Greene, Jackman, Scotto NOES: 1 Council Member: Jennings MISCELLANEOUS COUNCIL ACTIONS I:t was moved by Mayor Jennings, seconded by Mayor Pro Tem Greene, and passed by unanimous vote to approve Sidewalk Matching Funds at the following locations (Account #71-15008): FUwSPERM." Address 4: 11923-29 Brookshire Avenue 5 10427 Pico Vista Road 6 7802 Kingbee Street (Rives Avenue Frontage) 7 11711 Old River School Road Total Estimated City Cost Estimated City Cost $ 224.00 208.00 762.00 332.00 $1526.00 It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by the following vote to approve the Adjustment of Rates for Collection of Refuse for an increase of 114 to $2.85 per month for each single family residence and 10C to $2.44 per month for each multiple family residence. Councilman Jackman favored sending the City's rubbish contract out for bid, at least once every five years. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings NOES: 1 Council Member: Jackman It was moved by Mayor Jennings, seconded by Councilman Miller, and passed by unanimous vote to approve the appropriation of $8,214 in Anti -Recession Fiscal Aid Funds for the purchase of concrete for curb, gutter, and sidewalk repair to Account No. 10-4-3314. CITY MANAGER'S REPORT Mr. Thompson requested an executive session for considering matters of potential litigation. ORAL COMMUNICATIONS Mayor Jennings read a letter of his response in declining an invitation to attend a kick-off dinner in honor of Mr. Milton Mackaig for the reason that as a current Councilman and Mayor he feels his posture should be mutual in all Counci.lmanic Districts except his own. Councilman Jackman indicated he will be attending Mr. Mackaig's dinner. Councilwoman Scotto inquired regarding the status of using Reclaimed Water Bur. Spindel replied he is still awaiting word on this.. sl GcavCo e,) Councilwoman Scotto commented on the offer/of Mrs. Ellen Peterson, President of the Downey Historical Society, to donate s1_,q�toward the purchase of Rives mansion. She proposed a committee be established to work on this; she also in- dicated her own willingness to serve and asked that Mrs. Peterson be contacted. Council Minutes 10/11/77 -7- The Council Members concurred with preserving the Rives mansion. '^159 r Mayor Jennings suggested the Council contact Mrs. Peterson and also indicated he would be willing to serve on a committee to explore this matter. He pointed out that the purchase price of the mansion is not anywhere near the amount it will cost because before the second floor can be utilized it must be rebraced. Councilwoman Scotto mentioned she attended the SCAG General Assembly and that the City of Downey did not have a voting delegate there. She asked that a delegate and alternate system be established. Mayor Pro Tem Greene indicated he is the alternate but was unable to attend. Mayor Jennings inquired if SCAG has become completely transportation oriented Councilwoman Scotto replied no, there are other committees; however, a great deal of emphasis has been placed on transportation. She pointed out that SCAG received a certain percent of funding in order to administrate programs, and there are a lot of committees working on regional programs. She said tax dollars are spent wisely in that there must be regional planning, and SCAG is an opportunity for local agencies to have a part in decision -making. Mayor Pro Tem Greene commented on a rat problem in the City. He said it was his understanding the Council would be receiving reports at least once a month on the complaints. He mentioned there will be some publicity on this at a later time advising people to report any rat problems to the City. A, brief discussion was held regarding the map of rodent complaints that was distributed to the Council. Mayor Pro Tem Greene stated he received several telephone calls concerning the asphalt sidewalk at the corner of Paramount and Florence Avenue near Don°s Market. Mr. Spindel said he does not believe the City has the right-of-way at this location, but he will review it and report back. Mayor Pro Tem Greene also referred to a rubbish problem at the rear of this location. At 10:35 p.m., Mayor Pro Tem Greene recessed the meeting to executive session to discuss potential litigation. Staff was excused from the meeting. The meeting resumed at 11:22 p.m. with all Council Members present. A discussion was held regarding potential action against the Southern California Edison Company concerning payment of penalties and interest due on the Utility Users' Tax. it was moved by Councilman Jackman, seconded by Mayor Pro Tem Greene, and passed by the following vote to immediately file an action against the Southern California Edison Company for penalties and interest on the Utility Users' Tax which are due the City of Downey and negligently paid to the City of Whittier, and further, to authorize the City Attorney to file said action. AYES: 3 Council Members: Greene, Jackman, Jennings NOES: 2 Council Members: Miller, Scotto There being no further business to come before the City Council, the meeting was adjourned at 11:35 p.m. Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Pro Tem Council Minutes 10/11/77 -8-