Loading...
HomeMy WebLinkAboutMinutes-10-25-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 25, 1977 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Presentation by the Spiritual Assembly of the Bahai's of Downey Resolution #3468, Ordering Annex. to City Ltg. Dist. (Annex. 77/35 Pomering Rd.) DIP #697, W/s Lakewood B1. S/o Florence Ave. Resolution ordering Vacation of Century B1. Ely. of Barlin Ave. Removal of Items from Consent Calendar Minutes: Adjourned Meeting of June 6, 1977 & June 7, 1.977 Denial of Legal Claim: Ref. #341 CC #406, Exterior Painting, Apollo Park Neighborhood Center: Accept imprvmts. & extra work w/net credit to City General Warrants: #155878 - 156342 #203972 - 204006 Minutes: Regular Meeting of October 11, 1977 Ordinance #534, Amending DMC re Business Licensing Resolution #3469, Ord. Dir. Comm. Dev. to make Report (Annex. 77/36 - 77/51) Report, Annex. 77/36 - 77/51 Resolution #3470, Decl. Intention to Withdraw portion of Zone I & concurrently annex to City Ltg. Dist. (Annex. 77/36 - 77/51) Resolution, rescinding portion of Res. #1864 auth. 1-hr. parking restr. on Wly, side Paramount B1. N/o SPRR R/W (60 feet) Resolution #3471, rescinding Res. #2026 which auth. 1-hr parking restr. both sides Fontana St. Ely. of Downey Ave. SS Proj. #304, Quill Dr.: Award to West Coast Paving of Covina & auth. transfer of funds CC #424, Underground Utility Dist. #6, Firestone B1., et al: Plans & specs & auth. advertising for bids (Acct. #71-15008) Proposed Assessment Dist., Birchdale Ave. - Lubec Street Adopted Hearing closed; taken under subm Failed Approved Approved Approved Approved Approved, as corrected Adopted Adopted Received & filed Adopted Taken under submission Adopted Approved Approved PAGE NO. 1 2 3 3 4 4 4 4 4 4 5 5 5 5 6 7 7 7 Received for study & staff report 7 County -City Agmt. SE Burglary Investigation Team: Auth. Mayor to sign Approved 8 Appeal of Planning Comm. decision re use of property at Dolan & Iowa Sts. in vicinity of Downey Community Hospital Set for hearing, 11/22/77 8 Agmt. for Acquisition of Park Water Co, within City of Downey: Authorize Mayor to sign Approved 8 Page 1 of 2 COUNCIL MINUTES OCTOBER 25, 1977 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Amendment to Joint Exercise of Powers Agmt. bet. Cities of Norwalk, Pico Rivera & Downey re SE Animal Control Authority (extending 20 yrs) Approved Proposed Property Tax Refund Ordinance City Mgr. to form committee Keep America Beautiful Workshop: Appropriate not to exceed $500 from Special Projects Fund for attendance by three citizens Staff working on policy of 20-year service awards Councilman Greene asked for monthly report on rat complaints DART truck not picking up papers Energy Conservation: Staff working on response to memo Litter, W/s Lakewood S/o Santa Ana Fwy. League of California Institute: Park Comm. to consider attending Councilwoman Scotto requested schedule of fees for City facilities Downey Symphonic Society: Request to move 3/11/78 concert to 4/16/78 at Music Center Meeting recessed to Executive Session Meeting adjourned to 10/26/77 for study on Neighborhood Rehabilitation Program Meeting adjourned in memory of K.C. Weiss Approved Approved PAGE NO. 9 9 10 10 10 11 11 11 11 11 11 12 12 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 25, 1977 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 25, 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 Carl K. Newton, Acting 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 Terence Middlebrooke, Manager of Revenue Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Pastor John Wetzel, Christ Lutheran Church, followed by the Flag Salute led by Councilwoman Scotto. Mayor Jennings recognized Mr. Yeager and 12 boys from the YMCA 76'ers who were present to observe City government in action. PRESENTATIONS Heather McLean, representing the Spiritual Assembly of the Bahai's of Downey, presented to Mayor Jennings on behalf of the City Council a book entitled "God Passes By," a history of the first 100 years of the Baha'i faith. Mayor Jennings said he will forward the book to the City Library for everyone's use. HEARINGS Mayor Jennings declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 77/35, Pomering Road. He inquired if the City Clerk had the Affidavits of Posting and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings then inquired if there was anyone present who wished to speak in protest to the Annexation. Mr. Paul Matz, 11969 South Pomering Road, said he is opposed to anymore taxes. Also, he indicated, he has a hard time justifying why there should be street light- ing on this street and suggested more consideration be given to the expenditure of energy. Mr. Spindel explained the annexation is the result of a petition containing signitures of 54 percent of the property owners. He noted people want street lights for safety and crime prevention. Ruth Matz, 11979 South Pomering Road, concurred with Mr. Matz regarding not wanting higher taxes. She stated she was not contacted to sign the petition. Council Minutes 10/25/77 -1- It was moved by Councilman Greene, seconded by Councilman Miller, 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. 3468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 77/35 POMERING 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 Greene,, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3468. 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 No. 697, West side of Lakewood Boulevard south of Florence 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 Councilman Miller, seconded by Councilwoman Scotto, 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. Mr. Spindel reported the estimated cost for the improvements is $4,815.25 and that the property owners were notified regarding the matching fund program. There- fore, he said, since several months elapsed without any response from the property owners, the Council authorized Chapter 27 proceedings. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report, Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements. Mr. Tim Paone, with the law firm of Virtue & Schack in Newport Beach, said he is representing the property owners, Luigi and Rose Guglielmana, and he pointed out they are not husband and wife. He indicated that since the notice was directed to Mr, and Mrs. Luigi Guglielmana, Rose Guglielmana does not have proper notice of the hearing. Mr. Paone stated the property owners are not adverse to the matching funds but were of the impression the improvements were proposed for Florence Avenue as opposed to Lakewood Boulevard. Mr. Spindel noted that in correspondence dated February 10, 1977, addressed to Luigi and Rose Guglielmana, the subject was regarding the availability of sidewalk matching funds at 10207 Lakewood Boulevard --there was no mention of Florence Avenue Also, he pointed out members of City staff have spoken with the Guglielmanas on three separate occasions explaining the project, and it is believed they had ample notice. Mr. Paone again explained the property owners are not adverse to matching funds and said if the land owners are aware of provisions of the Streets and High- ways Code, perhaps they would be more agreeable to participate in improvement programs, particularly since the City, through the Streets and Highways Code, can force a citizen to construct the improvements or to pay for the construction. He asked that the Guglielmanas be allowed to meet with City staff and make arrangements for sidewalk matching funds. Mr. Newton asked if the names of the property owners were taken from the last equalized assessment roll. Mr. Spindel replied yes; however, the assessment roll does not say Mr, and Mrs., and a notice was mailed addressed to "Mr, and Mrs. Guglielmana." Council Minutes 10/25/77 -2- �:A Mr. Newton cited several actions the Council can take if it decided to grant the matching funds. During discussion, Mr. Paone said if the property owners can receive matching funds they would be willing to proceed. Mr. Spindel pointed out the property owners also have the option of having the work done by their own contractor, and if matching funds were allowed by City Council the property owners would be given a rebate. There being no further speakers in protest, it was moved by Councilman Greene, seconded by Councilman Miller, 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 stated since he feels there has been a lack of communication on this matter, he would suggest in the future letters be changed to inform the pro- perty owner that staff is recommending the work be done. Mr. Spindel explained under the City°s rules Chapter 27 is to be voluntary. It was moved by Councilman Greene and seconded by Councilman Miller to take Downey Improvement Project No. 697 under submission. Mr. Spindel advised he will provide Council with the amount for sidewalk match- ing funds at the next meeting. He asked Mr. Paone to submit the request for matching funds prior to the next meeting. Continued action on Vacation of Century Boulevard Easterly of Barlin Avenue RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF CENTURY BOULEVARD EASTERLY OF BARLIN 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 and seconded by Councilman Miller to adopt the Resolution. Councilman Miller stated he cannot see what the City would gain by the vacation of this street because it could create an unsightly situation that would be diffi- cult to cope with; also, he thinks there would be methods by which the City could take care of any problems that might materialize. Councilman Greene concurred with Councilman Miller and said there are methods the City can use to correct any traffic problems that might occur. Councilwoman Scotto also concurred and mentioned she would not be in favor of vacating the street. Mayor Jennings suggested restricting parking on the Downey side of Century Boulevard, if necessary, or installing right -turn or left -turn restrictions. Councilman Miller noted that because of the action of Downey staff, the tract plan for the subdivision was modified to provide for better flow of traffic. Mayor Jennings commented on receipt of a letter from the attorney representing the property owner on the south side of Century Boulevard. Mr. Newton explained the letter merely requests the City Clerk to amend the Council Minutes to reflect a particular comment made at the time of the hearing. He said since the letter does not provide any additional evidence relative to this matter and the hearing is closed, it cannot be received as additional evidence and should not have any effect on the proposed action. The letter was received and filed. Roll call vote on motion to adopt the Resolution: AYES: 0 Council Members: None NOES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Failed. Council Minutes 10./25/77 -3- �S74 REMOVAL OFITEMSFROMCONSENT-CALENDAR Agenda Item VIII-A, Minutes of Regular City Council Meeting of October 11, 1977, was removed from the Consent Calendar. 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 June 6, 1977, and June 7, 1977. Denial of Legal Claim: Ref, #341, Gildardo Jose Estrada. Cash Contract #406, Exterior Painting, Apollo Park Neighborhood Center: Accept improvements completed and responsibility for maintenance thereof, and approve change order with a net credit to the City of $200. General Warrants: #155878 - 156342, #203972 - 204006: $824,749. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Councilman Greene noted that on the bottom of page 7 of the Minutes of the Regular City Council Meeting of October 11, 1977, third to last line, "$1,000" should be changed to "$100,000." It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to approve the Minutes of October 11, 1977, as corrected. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman ORAL COMMUNICATIONS (Items not on Agenda) None. ORDINANCES ORDINANCE NO. 534 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, seconded by Councilman Greene, and passed by the following vote to adopt Ordinance No. 534. Mr. Richard Bissing, 10642 Downey Avenue, representing the Downey Chamber of Commerce Economic Development Committee, reviewed a Chamber of Commerce survey of 19 cities pertaining to hotels, motels and apartment houses; manufacturing or processing; miscellaneous business (retail); and wholesaling. Copies of the survey were distributed to the City Council and a copy is on file in the office of the City Clerk. Mr. Bissing said the proposed fees for motels and apartments in most instances far exceed all other cities surveyed; the City's method of increasing the step differentials and gross receipts increase is unlike any other comparable cities and penalizes those firms which already provide significant Sales Tax revenue to the City; and the City's adopted Budget for 1977-78 anticipates approximately $191,000 from business license revenues above the amount realized from that source in 1976-77. He stated the Chamber believes business licenses must be figured on their own merit apart from any other revenue source, and due to the differing bill- ing cycles, the City will receive additional revenue from Utility Users' Tax for approximately five months of this fiscal year. He continued that the Chamber of Commerce believes the rates proposed for motels and apartments are excessive and inequitable in comparison with other cities, and also the City's method for establishing fees on gross receipts serves to penalize those firms which are already producing significant Sales or Use Tax revenues. Mr. Bissing stated that because of these inequities, the Chamber requests the City Council to delay or place a moratorium on the implementation of the ordinance until January 1, 1979, and in the interim, it is suggested the procedures be reviewed in order to eliminate these inequities; however, should the Council determine such a delay is not warranted, the Chamber wishes to advise the Council of its opposition to this ordinance. Council Minutes 10/25/77 -4- Mayor Jennings commented on the last business license increase which, he said, was approximately five years ago. He mentioned he and Councilman Jackman recently served on a committee to study the Business License Tax, which was prior to Councilman Miller serving on a citizens committee studying the possibility of abolishing the Utility Users' Tax„ then, action on the Business License Tax was taken under submission until the tax study was completed, Mayor Jennings also stated he strongly believes that as other cities periodically increase their busi- ness licenses so must Downey, and Downey should not always be an attempt to catch up. Councilman Miller stated he feels to compare Downey with other cities at times is misleading in that each community has a particular service it provides. He said the study did provide a look at the City's entire tax structure and indicated to him the increase would be proper. Councilman Miller commented the increase would provide a better balance of contribution from people living in apartment houses. He feels the business license increase is justified. He noted that if the Council waited until next year to increase the Business License Tax, the City would not have as much reserve at the end of the year. Councilwoman Scotto said this should be looked at comprehensively, taking the Utility Tax into consideration because all the categories involved will be paying less tax. Speaking to the proposed increase, Mr. Thompson pointed out the following - First, since the Business License Tax was originally adopted, this is only the second time the tax has been considered for increase, second, all taxes should be looked at as a total picture, and it is valid to consider the business license tax in view of eliminating the Utility Tax; third, use of the tax in effect as an instrument of local policy, and the Business License Tax, is a means of taxation by which the City supplies business oriented services", and fourth, when this was originally studied approximately six or seven years ago the question of increasing the amount per thousand dollars on gross sales up to a maximum was justified. He said the increase would affect apartments approximately 12C-16t per month maximum, which is not a large amount to pay in view of the reduction as a result of the change in the tax policy via the Property Tax -Utility Users' Tax change. Mayor Jennings spoke in favor of using surrounding cities to conduct surveys for salaries, business licenses, and many other things, Roll call vote: AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member; Jackman RESOLUTIONS RESOLUTION NO, 3469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATIONS 77/36 THRU 77/51) 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. 3469. AYES: 4 Council Members, Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member- Jackman - Mr. Spindel reported on the number of lights involved and the total operational cost. He said the 1977-78 tax rate per $100 assessed valuation for Zone I is 16fi, for Zone II is 25C, He noted Annexation 77/44 is being placed in Zone II. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 3470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO WITHDRAW A PORTION OF ZONE I AND CONCURRENTLY ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THE DISTRICT UNTIL JANUARY 31, 1983 (ANNEXATIONS 77/36 THRU 77/51) Council Minutes 10/25/77 -5- G76 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 Councilwoman Scotto to adopt Resolution No. 3470. Councilman Miller said he does not think there are any street lights on Bergman Lake, which is a private street, and it would be a case of a property owner paying for a street light that will benefit the adjacent property owners. Also, he stated, that possibly in the future when those properties are asked to be annexed to a light- ing district they might not consent when they are already receiving the benefits for free. Mr. Spindel explained these are lights which have been required either by the Planning Commission or by Municipal Code. Mr. Henriksen outlined the City's street lighting policy. Discussion followed. Councilwoman Scotto suggested a review of the street lighting program to see whether the City should be requiring the street lights. Mayor Jennings also suggested a review of the Code and charges given to the Planning Commission as to the conditions to zone exceptions and zone variances. He said the Council should set study sessions and decide whether or not it wants to change the policy. The motion to adopt was seconded by Councilman Greene and passed by the following votes AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Members Jackman RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THAT PORTION OF RESOLUTION NO. 1864 WHICH AUTHORIZED THE ONE -HOUR PARKING RESTRICTION ON THE WESTERLY SIDE OF PARAMOUNT BOULEVARD NORTH OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY (60 FEET) 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 and seconded by Councilman Miller to adopt the Resolution. Mr. Spindel explained there is a traffic hazard with the trucks unloading vehicles at Paramount Chevrolet because the trucks cannot get close to the curb due to the parked vehicles. Mayor Jennings suggested Paramount Chevrolet use the side of the truck lot for parking, or purchase a lot for unloading vehicles. Mr. Newton advised the loading zone would not be for the exclusive use of the Chevrolet dealer or its customers. Mr. Spindel explained this was taken before the Traffic Committee and the Committee felt there was a hazard at this location, an obstruction of traffic. The parking, he said, is now one hour parking which would be removed, and both the Traffic Engineer and Traffic Committee feel it is necessary for the safety of traffic on Paramount Boulevard, not particularly to benefit Paramount Chevrolet. Mayor Jennings stated he feels this is a grant of special privilege. Councilwoman Scotto indicated if there is a traffic problem she would have no objection to it. Councilman Miller said he would like to take this matter under submission in order to look at the situation first hand and see whether there might be any alternatives. Taken under submission, Council Minutes 10/25/77 -6- RESOLUTION NO. 3471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 2026 WHICH AUTHORIZED THE ONE -HOUR PARKING RESTRICTION ON BOTH SIDES OF FONTANA STREET EAST OF DOWNEY 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 Greene, and passed by the following vote to adopt Resolution No. 3471. Mr. Spindel explained it is felt this is extremely necessary because parents discharging their children at the nursery school stop on Downey Avenue in the travel lane during peak morning hours, and this would provide a white loading zone on Fontana Street. He noted there is a hazardous traffic condition on Downey Avenue, and it is desirable to remove this restriction. AYES. 4 'Council Members. Miller, Greene, Scotto, Jennings ABSENT. 1 Council Member. Jackman CASH CONTRACTS Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to award S.S. Project #304, Quill Drive, in the amount of the unit prices bid, to West Coast Paving Co. of Covina, the lowest and best bidder, and authorize transfer of funds in the amount of $3,000 from Account #26-16186 to Account #26-16175 AYES. 4 Council Members. Miller, Greene, Scotto, Jennings ABSENT. 1 Council Member. Jackman It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to approve plans and specifications and authorize advertising for bids on Cash Contract #424, Underground Utility District #6 Firestone Boulevard, et al, for conversion of overhead electrical and telephone services (Account #71-15008). AYES. 4 Council Members. Miller, Greene, Scotto, Jennings ABSENT. 1 Council Member. Jackman MISCELLANEOUS COUNCIL ACTIONS Proposed Assessment District, Birchdale Avenue - Lubec Street Mr. Spindel pointed out there are the following typographical corrections to be made in the report. On page 3 of the Summary, at the bottom tabulation, the first line "Areas A, B & C" should be "Areas A, B & D;" the next line where it says "Area D" should be "Area C;" then, on page 2 of the Attachment, the last letter in the fourth paragraph should be changed to "Area F" instead of "Area E." Councilman Greene said he would not be prepared to vote on this inasmuch as it is too involved. He asked who prepared the estimated costs on page 1. Mr. Spindel replied these are City estimates; however, for the costs of reloca- tion of the house, staff contacted a moving contractor for that estimate. A letter from Mr. Bob Brazelton was distributed to the Council. Councilwoman Scotto indicated she would like to see a report from staff recapping all alternatives and a recommendation on how staff feels this matter should be handled. Mr. Spindel pointed out staff is not recommending the assessment district but is merely responding to Council's request to explore what the costs would be if an assessment district were formed. He said staff's only recommendation has been to remove the barricade. Councilman Miller suggested exploring the possibility of creating cul-de-sacs where the house protrudes out onto Birchdale. He then moved to receive the report as corrected, for study. The Council concurred to have staff prepare a report outling all of the alterna- tives available. Mr. Spindel said he will notify Mrs. Vartanian and Mr. Brazelton when this matter has been placed on the Agenda. Council Minutes 10/25/77 -7- County -City Agreement, Southeast Burglary Investigation Team Responding to questions, Chief Morgan explained the Southeast Burglary Investi- gation team is based upon a multi -jurisdictional concept; there are seven such burglary teams in the County; and there is an exchange of intelligence information between the seven teams which has been effective in arresting burglars committing burglaries on the job. He noted the grant period ends March 31, 1978, and at that time, the City will have to make a decision as to whether it will continue the pro- gram without grant funds, or drop it. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the County -City Agreement for the Southeast Burglary Investigation Team and authorize the Mayor to sign. Mayor Jennings inquired regarding the City°s annual "hard match.” Chief Morgan replied the County match is $3500, and the City°s match is approximately the same amount. Mayor Jennings noted the Council will also have to make a decision regarding funding for the Cerritos Corridor Juvenile Diversion Project and Helpline Youth Counseling. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman of use of Mr. Newton explained although this is an appeal, under the ordinance it does not require a public hearing but provides the opportunity for the applicant to present his views to the City Council. Mr. Goggin also stated there was no public hearing before the Planning Commis- sion regarding this matter, but was a request that the Commission interpret mini -warehouses would be a permitted use under the ordinance in the area surrounding the Hospital. Councilwoman Scotto indicated the Council should receive a report from staff on this matter. Councilman Miller asked for a report back from the City Attorney, including a staff report, Mr. Newton noted that Ordinance No, 355 applies to special uses in the Hospital area At the applicant's request, the appeal was set for hearing at the November 22, 1977, Council Meeting. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the Agreement for Acquisition of Park Water Company within the City of Downey and authorize the Mayor to sign. Councilman Greene inquired regarding how much of the total acquisition this would amount to without Southern California Water Company. Mr. Thompson replied it would place the amount of acquisition somewhere around 85 percent of the entire City under City jurisdiction. He said the terms of this agreement are the same in terms of acquisition dollars and number of services the City would acquire as was presented in the other agreement. Mr. Spindel noted one additional employee has been hired for maintenance of the Pico Rivera system, and Pico Rivera will be billed for actual wages of employees used on maintaining the system. Mr. Thompson stated if this is approved tonight, he will review all of the necessary steps required to bring about the sale of bonds. He said according to the agreement„ the acquisition must be finalized by January 13, 1978. Mr. Thompson noted Pico Rivera will have to make its own arrangements with Park Water and Southern California Water, If this is approved tonight and barring any legal entanglements, he said, this should be completed by January. During discussion, Mayor Jennings said the City was assured there would be no severance damages under the old agreement, and he asked if there is the same assurance under this agreement. Council Minutes 10/25/77 -8- Mr. Thompson replied yes. Mayor Jennings then asked about the costs for physical separation of the system. Mr. Thompson responded that Park Water has agreed to to participate 50-50 on the physical separation. He said there are four separations which are the same as they would have been under the other agreement. Mr. Spindel said the cost for the joint effort of accomplishing the severance would be $20,000 at the most and would be divided between the City of Downey and Park Water Company. Council Members Miller, Greene, and Scotto voted "Aye" but agreed to retract their vote pending further questions by Mayor Jennings. Mayor Jennings then inquired what would happen if, in the next few weeks, the Supreme Court "throws out" the pending court case. Mr. Thompson replied that case involves the original agreement, and the time limit for that has expired; if the Supreme Court should say there is no case and drops it, then that is the end of it; if the Court says it will want a review, then the City will say it is a moot question because the agreement which has been contested has expired, and there is no reason to pursue it. AYES: 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman Amendment to Joint Exercise of Authority of Norwalk, Ci mal Control Mr. Thompson informed the Council that this amendment would provide a definite extension of the agreement to June 30, 1997, which would then meet the conditions of the grant. He said after the Council agreed to the extension, the Authority Commis- sion authorized it and the amendment was then prepared by the Joint Powers attorney. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the Amendment to Joint Exercise of Powers Agreement and authorize the Mayor to sign. Prior to taking the vote, Councilman Miller questioned the duration of the ex- tension of 20 years. Mr. Thompson commented that the City Attorney had reviewed this matter and indi- cated that the City does have means of extricating itself from the agreement. Councilman Miller requested the record reflect that upon the advice of the City Attorney as it relates to the City Charter, the City Council acted upon this as instructed. AYES: 4 Council Members; Miller, Greene, Scotto, Jennings ABSENT: 1 Council Member: Jackman CITY MANAGER'S REPORT Mr. Thompson reported that the City Council had requested a study to bring out the various questions and problems that might be determined in order to prepare a Property Tax Refund Ordinance equivalent to the Utility Users' Tax refund. He said the initial discussions indicate it would be of some value to have a senior citizens committee help in answering a number of questions and reviewing the requirements that would aid in the process, and he presented this for the Council's consideration. Councilwoman Scotto suggested the committee consist of one representative from each senior citizen organization. She also suggested perhaps the Chamber of Commerce, the Realty Board, or someone from the Tax Committee might want to become involved. Mr. Thompson said he can submit some suggestions for the Council's consideration. Councilman Miller volunteered as the Council representative. Councilwoman Scotto concurred. STAFF REPORTS Mr. Spindel explained that at a special meeting of the Health & Environmental Sanitation Committee presentations were made regarding Keep America Beautiful(KAB). Council Minutes 10/25/77 -9- He said the program is a system of involving the entire community to change its attitude and practice eliminating litter, and he commented the program has been successful in 74 cities throughout the Country. Mr. Spindel mentioned a team training workshop will be held for three days in Costa Mesa beginning November 13th, and the Sanitation Committee is recommending that at least three citizens attend the workshop. After that, he said, the Council would decide whether to go forward with the program. Mr. Spindel stated the cost of the workshop is $125 registration fee plus $75 for each citizen attending, and the Sanitation committee has requested the City Council authorize the attendance in this workshop and appropriate not more than $500 for fees involved. He explained there is a time element involved in selecting the citizens who will attend and getting them registered. He noted that whoever does attend will become the project training team which would involve a tremendous amount of work on the part of the citizens on the team. Mr. Spindel pointed out KAB is suggesting the team members consist of one person from municipal government, local business, and a civic group. The Sanitation Committee appointed Mr. Henry Oberndorf as its representative if the Council desires to appoint a member of that committee on this team. Councilwoman Scotto inquired about someone from the School Board. Mr. Spindel replied the KAB program is recommending securing the cooperation of the local school board. He said the program could eventually cost $3500 to the City, and KAB is recommending the City have a full-time coordinator. Councilman Greene commented that he attended the presentation, and he expressed his views that the City could derive great benefits by becoming involved. Mayor Jennings said there was never great participation in the City's "Paint up, fix up, clean up week." He raised questions regarding the coordinator position. Councilwoman Scotto favored the program. She said if the City decides to go into this, it may feel it would be cost effective to hire a coordinator. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to approve the appropriation of not to exceed $500 from the Special Projects fund. Councilwoman Scotto offered to serve on the team. Mr. Thompson said he will also attempt to provide a list of potential citizens for Council's consideration. AYES: 3 Council Members: Miller, Greene, Scotto NOES: 1 Council Member: Jennings ABSENT: 1 Council Member: Jackman ORAL COMMUNICATIONS Councilman Greene asked how presentations are placed on the Council Agenda. Mayor Jennings replied presentations are placed on the Agenda through a request to the City Clerk. Councilman Greene then inquired about the proposed policy for 20-year service awards. Mr. Neavill stated the Downey City Management Association has prepared a recommenda- tion; it has been submitted to the Personnel Officer, who is preparing it for review by the City Manager; and it should be ready for the next Council Meeting. Councilman Greene indicated it was his understanding the Council would be receiving monthly reports on rat complaints. He said he would like to see what kind of complaints are being received. Mr. Thompson replied there have been follow-up meetings with the County and City staff, and the County is training two or three people to help work with them on this. He said all complaints received by the City will be referred to the Physical Services Division; however, the City would have no way of knowing how many calls are received by the County unless reports are submitted. Councilman Greene indicated he would like to receive a report once a month and suggested an article in the next Communicator. Mr, Thompson stated an article is being written for the next Communicator and, in addition, staff is working on a potential general educational kind of program campaign to assimilate the right kind of information relative to the problem. Council Minutes 10/25/77 -10- Councilman Greene asked if there are plans to improve the abandoned service station at Old River School Road and Florence Avenue. Mr. Lake stated the "Yum Yum Donuts" has submitted plans for this location; the gas station will be removed and another structure built. Councilman Greene commented on the litter at the Shell station on Lakewood and Firestone. Mr. Lake stated a report was received that the property owners are planning to re -open the station; however if it is not open in 30 days, they plan to tear it down. Councilman Greene noted the Dart truck has not picked up his papers for five weeks. Mr. Spindel said he will make note of this. He also requested that all complaints be directed to his office. Councilman Greene asked about the status of a response to his memo dated October 17th concerning Energy Conservation. Mr. Thompson said staff is still working on this. Councilwoman Scotto commented on litter along the west side of Lakewood Boulevard south of the Santa Ana Freeway. Mr. Spindel explained staff has been working on a solution to this problem. Councilwoman Scotto also commented on her memo to the Council concerning the League of California Institute to be held for two days in Orange County. She suggested sending the Chairman from the Cultural Arts Council and also a member of the Commission. Mr. Neavill noted the attendance at the Cultural Arts Council began declining last summer. Councilman Greene objected to spending money on this and feels it should go through the Recreation and Community Services Commission. Mayor Jennings concurred. Mr. Neavill stated the Commission plans to discuss this at its next meeting to see if someone can attend. Councilwoman Scotto commented on complaints concerning City charges for use of rooms at the Recreation Center. She suggested a review of the fees. Mr. Thompson mentioned there is a question of priorities as to how much time is available in the different facilities. He stated it is hoped that shortly, the Park offices will be located at the Community Center. Mr. Thompson indicated there might be rooms at the Apollo Center; however, he said it should be a matter of policy for the Council as to whether or not the City wants to be in the business of providing rooms for the numerous service clubs or service organizations. Councilwoman Scotto asked to see a schedule of fees for use of City facilities. Councilwoman Scotto then inquired regarding the status of a staff report respond- ing to her objection concerning the adjusted rate used in the City's Community Opinion Survey. Mr. Thompson replied he will check his file on this. Mayor Jennings read a letter from the Chairman of the Downey Symphonic Society requesting permission under the terms of the agreement with the City to move the March 11, 1978, concert to April 16, 1978, at the Music Center; admission will be without charge and all seats on a reserve basis. The Symphony must make reservation for the concert no later than October 26th. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to accept the request of the Downey Symphonic Society and the change of concert date. Mr. Neavill stated the Recreation and Community Services Commission planned to discuss this at its next meeting. AYES. 4 Council Members: Miller, Greene, Scotto, Jennings ABSENT. 1 Council Member. Jackman Council Minutes 10/25/77 -1Y- 5982 Mrs. Signi van.Hoeven, 8533.Donovan Street, commented on the favorable attendance at the recent Coordinating Council meetin She mentioned there is an organization within the County working on'problems'of'graffiti and litter, Mrs. Van Hoeven outlined a successful program of enlisting the aid of youngsters to report problems occurring at the Apollo Park Recreation Center. She also cited a litter problem in the parking lot of the Downey Community Hospital and suggested containers being placed throughout the area to eliminate the problem. She remarked regarding the attitude of staff in the Intensive Care Unit at the Hospital, Mrs, Margaret Fillet, 9904 Birchdale Avenue, addressed the Council regarding the barricade on Birchdale Avenue and questioned whether there is a provision in the City's code concerning obtaining signatures on a petition of people living so many feet away from the area involved, Mayor Jennings replied there is no provision in the code concerning matters of this type, Mrs. Fillet then asked how a decision of the Council can be based on a 2-2 vote. Mayor Jennings answered that the Council has made no decision on this matter -- the Council has only requested a report outlining the costs should an assessment district be formed. Mr, Don Pierce of Birchdale Avenue said most people in this area feel there is a hazardous traffic condition with the house protruding out onto Birchdale. At 11:12 p.m„ Mayor Jennings recessed the meeting to executive session to dis- cuss a personnel matter. The meeting resumed at 12:OO midnight with Council Members Miller, Greene, Scotto, Jennings present; Council Member Jackman absent, At 12:00 midnight, the meeting was adjourned to 4:00 p.m., October 26, 1977, in the Green Room of the Downey Theatre for study session on the Neighborhood Rehabilita- tion Program > There will also be a brief presentation by the Volunteer Program. The meeting was also adjourned in memory of Mr, K. C. Robert L. Shand, CityQ_Ilerk-Treasurer achd M. Jennings Mayor , Council Minutes 10/25/77 -12-