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HomeMy WebLinkAboutMinutes-11-22-77-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 22, 1977 T A B L E OF MINUTE ACTIONS SUBJECT: Resolution #3478, Ordering Annex. to City Ltg. Dist. (Annex. 77/36 thru 77/51) Protest of Southern Calif. Edison Co. re Penalties & Interest Due on Utility Users' Tax Removal of Items from Consent Calendar Minutes„ November 8, 1977 Denial of Legal Claims: Ref. #346, 347, 348, 350 ACTION: Adopted Denied Approved Approved CC#410, Restroom Modifications - Apollo Park Neighborhood Center, Downey Theatre & Various Parks: Plans for enlarging ladies' restroom at Theatre; auth. incl. of work w/CC #410, & grant auth. to advertise for bids (A/C #21-17121) Approved General Warrants: #156580 - 156882 #204046 - 204080 Cash Contract #SS-315, Gardendale St., Paramount B1. to Downey Ave.: Plans & specs & auth. to advertise (A/C #26-16174) Request for erection of tent for wedding reception on 12/3, contingent upon staff's approval after inspection Ordinance approving certain Lease & Sublease bet. City & City of Downey Water Fac. Corp. Resolution #3479, Concerning Sale of Computer Software CC #424, UUD #6, Firestone B1., et al: Reject bid received & grant auth. to call for bids on each site individually (A/C #71-15008) Approved Approved Approved Taken under submission Adopted Approved CC #409, Parking Lot, Apollo Park Neighborhood Center. Award to West Coast Paving. (#29-13933) Approved CC 0425, Cleaning of Palm Trees at Various Locations: Reject bid received; grant auth. to modify specs reducing number of trees; & advertise for bids again (10-43352 & 10-44210) Approved Organization meeting of Community Development Comm. to be held after adjournment Apollo Park Neighborhood Boxing, Wrestling, & Physical Fitness Program: Appropriation out General Fund Balance & transfer amount to the Equipment Fund PAGE NO. 1 2 2 3 3 Taken under submission & ref. to Rec. & Comm. Serv. Comm. for review & recommendation Birchdale Avenue Barricade bet. Raviller Dr. & Lubec St.: Staff to bring back proposal for island separation to close Birchdale area to allow emergency vehicles thru but close it off to general traffic Approved Underground Utility Dist. #6, Firestone Bl.: Grant time extension for completion of imprvmts. Approved Fiscal Year 1977-78 Liability Insurance Program: Increase City's self -insured retention aggregate policy from $300,000 to $500,000 Approved Bingo Games in Downey No action 3 3 3 3 4 4 4 4 4 4 La, 6 6 6 7 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 22, 1977 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Appeal of R. Figueroa for Mini Warehouse at Dolan & Iowa Streets No appeal 8 Appeal re Mini Warehouse at Davis & Dolan Ref. to City Attorney & Planner Streets for review of Planning Comm. decision 8 1977 Christmas Parade Route (December 4th) Approved 8 Request for Sidewalk Matching Funds at 8601 Florence Ave. Failed 9 Hearing on Zone Change Case #127, SW Corner 4th Street & LaReina Ave. Set for 12/13/77 9 Ordinance Approving & Adopting a Comprehensive f,^ Zoning Ordinance for the City & Amend=Sng & ` _ Amending all existing Ordinances in conflict Amended as indicated and therewith Introduced 9 Controversial items to be moved up on Council Agenda 10 Councilman Jackman suggested Pre -Agenda Meetings & requested Council consideration 10 Mayor Jennings requested staff report on whether DART Program is making money 10 "Reinvestment in Downey" Work Program, including amounts Approved 10 Recess to Executive Session 10 Meeting adjourned to 5:00 p.m., 11/28/77 10 CC #425, Cleaning of Palm Trees @ Various Locations: Reject bid, grant authority to modify specs reducing number of trees; & advertise for bids again (#10-43352 & #10-44210) Approved 4 Page 2 of 2 MINUTES OF THE CITY COUNCIL ® 15S9 OF THE CITY OF DOWNEY NOVEMBER 22, 1977 The City Council of the City of Downey held a regular meeting at 7230 p.m., November 22, 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 Theodore H. Jackman Hazel N. Scotto Richard M. Jennings Mayor ALSO PRESENTa Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Brian A. Pierik, Assistant to City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance Loren Da Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer James R. Jarrett, Recreation Supervisor Thomas Tincher, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered'by Reverend Scott Ryan, Grace Baptist Church, followed by the Flag Salute led by Downey Princess Kelli Lynn Johnson, Mrs, Opal Henn introduced to the Council Miss Downey, Lori Lyn Hauser, and members of the royal court, HEARINGS Mayor Jennings declared that this is the time and place for the public hearing on Downey City Lighting District Annexations 77/36 through 77/51, 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 Jackman, 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 Annexations, and there was no response. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to close the hearing, RESOLUTION N0, 3478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS 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 THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 77/36 THRU 77/51) The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further readings It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3478, Mayor Jennings declared that this is the time and place for the hearing of pro- test by Southern California Edison Company regarding Penalties and Interest Due on the Utility Users' Tax. The following items of correspondence were placed into the record of this hearing - Council Minutes 11/22/77 -1- s ��G95 Letter from Martin Wynne, Director of Finance, to Mr. McDaniel, President of Southern California Edison Company# dated October 25, 1977, and document attached thereto entitled 00Demand for Interest and Notice of Delinquency." Letter from Robert White of Southern California Edison Company to Martin Wynne, Director of Finance, dated November S. 1977, Mayor Jennings inquired if there was a representative present from Southern California Edison Company who wished to present the basis for this protest., Mr. Robert L. White, District Manager, Southern California Edison Company, 11954 East Washington Boulevard, Whittier, outlined four areas of protest as follows First, the Edison Company collects millions of dollars in Utility Users' Tax without compensation; second, as soon as the error was discovered, both the cities of Whittier and Downey were advised of the error, with the refund being made by Whittier almost immediately and then turned back to Downey; third, no mention has been made of the City's responsibility assigned to the Director of Finance to verify accuracy of the tax imposed as levied and collected in accordance with the ordinance; and fourth, Section 6192 of the City's Ordinance does not apply as the tax collected by Edison on behalf of the City of Downey has been remitted, and none of the sections contained in Ordinance 384 refer to interest payments. Mr, John A. Daly of the law firm of Chase, Rotchford, Drukker & Bogust, 606 South Olive, Los Angeles, attorney for Southern California Edison Company, said it would be the position of Edison, through its legal counsel, that the penalty portion of the City's Ordinance is subject to being declared unconstitutional; also, this raises the question of the ability by a public utility to impose upon the various cities the tremendous administrative cost to collect and administer this type of a program, Mr. Daly questioned the duty of the Director of Finance to see that the taxes are properly levied and remitted and feels the Director of Finance was in a far better position to discover the error. He concluded that he is appearing tonight to try to dissuade the City from serving the complaint it has on file and to ask that the complaint be dismissed. Mr. Sorensen stated the penalty issue has not been declared unconstitutional by the courts, and the right of cities to have utilities collect these taxes has been upheld, He pointed out that one of the reasons there was no examination on the part of the City was that the taxes paid, collected and remitted by Edison on behalf of Rockwell was greater than expected --consequently, there was no reason to believe there was not being remitted the full amount of the tax. Mr. Sorensen advised this is now primarily a policy decision of the City Council as to whether it wishes to demand the remittance of the penalty or the interest, Mr. Daly indicated he feels the City should have found the error, and he again mentioned he would like to dissuade the City from proceeding with the law suite He said this could have an effect on other cities and the ramifications could far ex- ceed what moneys might be involved in this case. Mr. Thompson stated the City is not in a position to exercise the internal controls of the Edison Company, and it is the internal controls of Edison that broke down, resulting in a denial to this City of over one-half million dollars. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Councilman Miller mentioned that over a period of years he did not pay his Utility Tax; that at several times he was served with notice of delinquency and the amount claimed to be owed was upheld. Therefore„ he said, he paid that tax but there was no provision for penalty and he did not pay any interest on that money. Mr. Sorensen advised the Council that the appropriate motion or action at this time would be to allow or disallow the protest. If the Council allows the protest, -- he would consider it as an action not to proceed any further with litigation; if the protest is disallowed„ it would be considered as an action that the City's counsel should at least proceed for the time being. f vV It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed by the following vote to allow the protest. AYES 2 Council Members. Miller, Scotto NOES2 3 Council Members; Greene, Jackman, Jennings The protest was denied. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-C-2, Cash Contract #SS-315, Gardendale Street, was removed from the Consent Calendar. Council Minutes 11/22/77 -2- CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to approve the remainder of the Consent Calendar. Minutes: Regular City Council Meeting of November 8 1977. ms. Ref. #346, Laurene A. Harrison; Ref. 4347, Billy S. John Spolskyp Ref. #350, Larry D. Hale. Cash Contract #410, Restroom Modifications - Apollo Park Neighborhood Center Downey Theatre, and Various Parks. Approve plans for enlarging the ladies' restroom at the Downey Theatres authorize the inclusion of this work with Cash Contract #410, and grant authority to advertise for bids on the combined project (Account #21-17121). General Warrants, #156580 - 156882; #204046 - 204080: $608,397.29. AYES. 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings Cash Contract #SS-315, Gardendale Street, Paramount Boulevard to Downey Avenue Councilwoman Scotto inquired regarding the participation of the Cities of South Gate and Paramount. Mr. Spindel replied the City of Paramount did participate in the project from Lakewood Boulevard to Downey Avenue, and the agreement was if they had funds available for this year they would proceed further. Mr. Henriksen explained word was received today from the County Road Department, who indicated the City of Paramount may possibly be able to participate in this pro- ject. He suggested Paramount be considered a part of this project since they were included when the plans were initially prepared. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-315 (Account #26-16174). AYES. 4 Council Members. Miller, Jackman, Scotto, Jennings NOES. 1 Council Member. Greene ORAL COMMUNICATIONS (Items not on Agenda) Ms. Sandy Zorner of Abbey Rents, 14108 East Whittier Boulevard, Whittier, requested Council approval of a tent in the rear yard of a residence owned by Mr. William Gray, to be erected for the purpose of a wedding reception on December 3rd. She said the tent would encompass the entire back yard of the property. Mr. Lake explained the Building Code requires approval by the City Council and pointed out the request was brought in today so it has not been processed as yet through the Building Division. Councilwoman Scotto asked if the Council could approve this contingent on staffas approval since it is only temporary. Mr. Sorensen replied yes. Chief Wood stated the necessary certifications with regard to the fireproofing of the tent were brought in for review. As to the Fire Department's standpoint, he said, the tent would be inspected after it is erected. Ms. Zorner noted the tent would be free standing and not attached to the main structure of the residence. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to approve the request for erection of a tent for a wedding reception on December 3rd, contingent upon staffas approval after inspection. ORDINANCES There being no objections„ at the request of Mayor Jennings, the Ordinance amend- ing the Comprehensive Zoning Ordinance was held to later on the Agenda, prior to Agenda Item XIII, Reports for Discussion. He pointed out that the Ordinance will be re -introduced tonight because there are to be some changes. Mayor Jennings then asked if there was anyone present who wished to address the Council at this time regarding the Ordinance. Council Minutes 11/22/77 -3- Mr„ William B. Cole, General Manager of the Downey Chamber of Commerce, commented that although the Chamber originally raised 312 issues, it now only opposes 43 items contained in the Ordinance. He said the Chamber believes that these items create serious difficulties for present and future property owners and business licensees. Mr. Cole then submitted to the Council a four -page document containing the items still opposed by the Chamber. It was moved by Councilman Jackman, to take under submission the Ordinance A between the City and the City of Downey RESOLUTIONS seconded by Councilman Greene, and so ordered proving the Certain Lease and Sublease RESOLUTION NO. 3479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONCERNING SALE OF COMPUTER SOFTWARE The Resolution was read by title only. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3479. CASH CONTRACTS It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to reject the bid received on Cash Contract #424, Underground Utility District #6, Firestone Boulevard, et al, and grant authority to call for bids on each site individually (Account #71-15008). 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 #409, Parking Lot, Apollo Park Neighborhood Center, in the amount of the unit prices bid, to West Coast Paving of Covina, the lowest and best bidder (Account #29-13933). The Council requested a report of the amount that has already been spent for improving the Apollo Park Neighborhood Center. AYES- 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to reject the bid received for Cash Contract #425, Cleaning of Palm Trees at Various Locations; grant authority to modify the specifications, reduc- ing the number of trees; and advertise for bids again (Account #10-43352 & #10-44210). Councilwoman Scotto asked how the City feels it can clean half the amount of trees originally proposed. Mr. Spindel replied these are lower trees, and since the contract was so high, the City can trim the shorter trees for much less than the contractor. AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings MISCELLANEOUS COUNCIL ACTIONS Mayor Jennings stated that upon advice of the City Attorney, Agenda Item XI-b-1, Reinvestment in Downey Work Program, will be set aside until after adjournment of the Council meeting because the Council will then have to conduct an organization meeting of the Community Development Commission. It was moved by Councilman Jackman and seconded by Councilman Greene to approve - appropriation of $9300 out of the General Fund Balance and transfer said amount to the Equipment Fund for the Apollo Park Neighborhood Boxing, Wrestling, and Physical Fitness Program, Councilwoman Scotto asked if the Recreation & Community Services Commission had approved this. Mr. Jarrett replied the Commission did discuss the boxing program, but did not actually approve this specific program. Councilman Jackman indicated the program is badly needed, and the Rives School is finally being used the way it was intended. Council Minutes 11/22/77 -4- 58 Mr. Jarrett explained this is planned for the southeast wing in one of the two classrooms. Councilman Jackman said he thinks this program should remain a volunteer program. Mr. Thompson pointed out the $9300 will not be the final cost but is only estimated. Councilwoman Scotto requested this matter should first go through a review of the Commission. Councilman Miller requested staff to submit to the Council the total dollar amount of what it will cost the City to bring this facility up to standard. Taken under submission for referral back to the Recreation & Community Services Commission for review and recommendation back to the Council. Birchdale Avenue Barricade between Raviller Drive and Lubec Street Mayor Jennings outlined the procedure for hearing speakers from the audience. He asked that they speak only to the recommendation now before the City Council. Mayor Jennings then declared a recess at 8:29 p.m. to permit time for Mr. Spindel to display the proposed alternatives to the barricade issue. The meeting resumed at 8:31 p.m. with all Council Members present. Mr. Spindel displayed alternates to the Birchdale Avenue barricade, which he outlined as follows: Alternate A-2: Acquire eight feet right-of-way at the intrusion into Birchdale and widen the street to a 22-foot width, with a slope easement along the house. It would be the property owner's responsibility to maintain the easement. Alternate A-3: Acquire an additional 10-feet of property at the intrusion onto Birchdale and build a retaining wall which would then widen the street to 28 feet without parking on one side. Alternate B-2: Construct cul-de-sacs on Birchdale north of Lubec Street. Alternate B-3: Place a traffic diverter at Lubec and Birchdale. Alternate B-4: Place two cul-de-sacs, one on each side of the subject house. Mr. Spindel pointed out he has only illustrated the alternatives requiring a considerable amount of construction. Miss Vartanian, 8603 Lubec Street, called attention to the Inglewood diverter which, she said, was installed for the purpose of forcing transient traffic back onto the main boulevard. She also commented that devaluation of property occurs from heavy traffic in a residential area. Mrs. Dan O'Donovan, residing at the corner of Birchdale and Lubec, suggested the diverter would be the best answer to the problem. Mr. Spindel pointed out there are alternatives which are not as expensive but may not be desirable, and they include leaving the barricade where it is, constructing a more permanent type, or placing a barricade across the intersection at Birchdale and Lubec. Mr. Harold Wilson, 9931 Birchdale, said he thinks Alternates A-2 or A-3 would benefit the entire community. Mr. Andy Drummond, 8581 Lubec, suggested leaving the barricade where it is. Mrs. Darwin Lough, 9853 Birchdale, favored Alternatives A-2 and A-3 and cited an incident involving a residential fire on her street, whereby the Fire Department was unable to reach the home because of traffic on Birchdale. Mr. Earl Harmon, 9602 Birchdale Avenue, said the street should be opened and made accessible for all the City, Mr. L. Orlando, 8536 Raviller Drive, inquired regarding the cost to each taxpayer if an assessment district is formed. Council Minutes 11/22/77 -5- Mayor Jennings replied the Council has not made a decision to approve an assess- ment district, so there are no figures available, Mr. Orlando indicated he thinks the barricade should be left where it is, Mrs, Roxie Pierce, 9811 Birchdale, said if the street is improved for the entire City, then the entire City should bear the cost. Mr, Brian Mahony„ 9707 Birchdale Avenue, said his property line is next to the barricade, and he suggested a speed bump be placed where the abutment protrudes onto Birchdale„ or a boulevard stop sign. Miss Vartanian commented on the vehicles making U-turns once they discover they cannot get through on Birchdale. Councilwoman Scotto said this is a local area and through traffic should not be encouraged. She suggested staff might be able to design islands where emergency vehicles could get through but would discourage use by outside traffic. Discussion followed. Mayor Jennings indicated he disagrees that a group of citizens have a right to prohibit other citizens from using a public street they helped pay for. It was moved by Councilman Jackman and seconded by Mayor Jennings to approve Alternate A-2 and that the $4,000 be paid for by the City plus right-of-way costs as necessary. AYES- 2 Council Members. Jackman„ Jennings NOES, 3 Council Members.- Miller, Greene, Scotto Failed, It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to request staff to bring back a proposal to the Council for a separation of an island to close off the Birchdale Avenue area to allow emergency vehicles through, but close it off to general traffic, AYES. 3 Council Members: Miller, Greene, Scotto 140ES: 2 Council Memberst Jackman, Jennings It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to grant a time extension for the completion of underground utility improvements on Underground Utility District #6 Firestone Boulevard. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve increasing the City"s self -insured retention aggregate policy from $300,000 to $500,000 for the Fiscal Year 1977-78 Liability Insurance Program. Responding to questions, Mr. Thompson indicated that the reference in the Cal-Surance letter regarding the use of loss preventative techniques that were not in effect at the time certain losses occurred resulting in legal claims against the City, will have to be discussed further with the Cal-Surance representative. He noted the premium for the entire self-suged program is approximately $125,000 for all phases of liability. AYES. 5 Council Members; Miller, Greene, Jackman, Scotto, Jennings Bingo Games in Downey Mr. . Henry Oberndorf, 9731 East Imperial Highway, speaking in favor of legalized bingo in Downey, said he does not represent any organization in this plea. He favored establishing stringent rules and regulations for controlling the play and operation of bingo games which he outlined for the City Council, He then urged the Council to vote in favor of legalized bingo in Downey. Mr,, Ayganian, speaking on behalf of the Downey Jaycees, 11250 Downey Avenue, supported a proposed ordinance to allow non-profit organizations to hold bingo activities within the City of Downey, Mr,Wally Thiel, 9357 Farm Street, representing Pius X High School in Downey, stated additional revenue from bingo would help keep the tuition down and additional revenue for the school is also needed to augment the loss of revenue from candy sales which were discontinued because they were done through door-to-door solicitations. Council Minutes 11/22/77 -6- Father Thomas, Principal of Pius X High School, 7851 East Gardendale Street, commented that raffles are held throughout the county in numerous churches, but are not allowed in Downey. He pointed out that Pius X High School is supported completely through the contributions cf people, which places the school in the category of a charitable organization. Father 'Thomas stated out of the 36 high schools in the Los Angeles archdiocese, close to 35 have bingo in their schools. The bingo is operated under definite guidelines established by the archdiocese, which are in accordance with the State guidelines. Dr. James Rue, president of Sir Thomas More Clinic in Downey, a non-profit organization, said his agency would have no plans to use bingo in the near or dis- tant future but would support the proper control for playing bingo in Downey. Ms. Caroline Bertson, 8127 Adoree, a teacher at Pius X High School, commented the school needs more teachers but cannot afford it. She said a non-profit organi- zation needs help and she supports the playing of bingo in Downey, Councilman Miller indicated he had requested further information from Mr. Oberndorf. Mr. Oberndorf explained that information regarding money distribution has been difficult to determine, but in discussing this with organizations who have been operating bingo, he was informed they lost money the first six -to -eight weeks; also, five organizations reported that after expenses, based on 200 players, the distribution of money was 35 percent to the organization charity fund and 65 percent to prize money. He mentioned he prefers the rules established by the City of Norwalk. A discussion was held regarding the costs to the City if this were to go to a City-wide election. Councilman Jackman considers bingo as gambling„ to which he is opposed, and he feels circumstances could arise in this City which would be detrimental if the Council were to pass a bingo ordinance. Chief Morgan stated there are hundreds of organizations which could be considered as non-profit, and they would then be able to sponsor bingo. He commented if an organization applies and meets the revenue and taxation code requirements of the bingo law, then the City could not refuse to issue a permit. He said this could then be allowing some very unscrupulous people, even though they are non-profit organizations, to sponsor bingo. Also, Chief Morgan mentioned, the law would be difficult to enforce because there would be no way of determining how much money is "skimmed off the top" before it is placed in the books. This, he said,, occurs where gambling occurs, and he is opposed to gambling. He stated people need to decide what kind of city they want to live in, but before that decision is made, the law should be studied rather scrupulously. Councilwoman Scotto concurred with Chief Morgan but did say she has no objection to bingo as a recreation. Mr, Oberndorf indicated rules and regulations should be established for legal residency of the operators, and the place for operating the games should be the same place as the organization applying for licensing holds its meetings. Chief Morgan explained the July 7th amendment to State Law removed the require- ment that the property owned or leased by the sponsoring organization be used for that purpose --they can rent any hall they want. It was moved by Mayor Jennings that the City require the City Attorney to prepare an ordinance for adoption that will permit the game of bingo to be played in the City of Downey as it is played elsewhere. The motion died for lack of a second. Mayor Jennings declared a recess at 9.53 p.m. The meeting resumed at 10-00 p.m., with all Council Members present. Appeal of Mr. R. Figueroa for Mini Warehouse at Dolan and Iowa Streets Mayor Jennings asked if Mr. Figueroa or his representative was present, and there was no response. Mr. Sorensen advised the City°s ordinance provides the Planning Commission shall make the decision in relation to this particular zone matter, but there is no general provision in the ordinance authorizing an appeal from any decision of the Commission to the Council. He said it is his opinion that under the ordinance, the power to make this decision is vested in the Planning Commission and there is no basis for appeal. Council Minutes 11/22/77 -7- r C:Z,nol Mr. Goggin explained staff had a discussion yesterday with Mr. Figueroa, who indicated he will probably not follow through with this matter tonight, Request for Council to hear appeal to Planning Commission decision concerning a Mini Warehouse at Davis and Dolan Streets It was moved by Councilwoman Scotto to deny the request. She then asked if the Council would be allowed to overrule the Planning Commission decision, Mr. Sorensen replied no, he does not think so. The motion was seconded by Councilman Jackman, Mr, Stanley Diller, 144 South Fermosa, Los Angeles, said he was informed by the Planning Commission that he had a right to appeal to the City Council. Mr. Sorensen discussed the ordinance pertaining to decision of the Planning Commission in this matter and said it has always been his opinion that when there are provisions in the ordinance where the power is delegated to the Planning Commission, then that is where the power vests; that if the Council wishes to change it then it must change the ordinance During discussion, he stated he cannot see the authority under the ordinance for the Council to override the Planning Commission. Mr. Diller said the Planning Commission approved the entire project unanimously and indicated he received a signed approval of the Planning Commission on this project. Mr. Sorensen informed the Council that if the Planning Commission has approved this then there is no need for the Council to pass upon it, and it then becomes a matter for the City Attorney°s office to review to see whether in fact it has been approved. Mr. Goggin said he feels the applicant is referring to the zone exception for a convalescent hospital first; later there was a renewal; and then subsequently for a home for the elderly. He read the letter from Planning to the applicant dated October 5, 1977, concerning the Commission's denial of the mini warehouses as not being compatible to the Hospital area. Mr. Diller again insisted his case was approved by the Commission and he received approval in writing. Mr. Goggin stated it was approval for the convalescent hospital. Mr. Sorensen mentioned he would be willing to review the file with the City Planner and make a determination as to whether, in his opinion, there was or was not a granting of the mini warehouse. This matter will be brought back to the Council at its next meeting of December 13tho It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve the 1977 Christmas Parade Route to be held December 4tha Request for Sidewalk Matching Funds, 8601 Florence Avenue The City Clerk noted receipt of a letter from Willis Re Hanes requesting the sidewalk matching funds. Councilwoman Scotto commented that last meeting, the Council approved sidewalk matching funds for Downey Improvement Project #697 but denied them for 8601 Florence Avenue. It was moved by Councilwoman Scotto to approve sidewalk matching funds at 8601 Florence Avenue, Mr, Spindel explained the sidewalk has already been built and paid for, and Mr. Hanes is requesting reimbursement, which has been done in the past. Discussion followed regarding the Sidewalk Matching Fund Policy. Mr. Spindel pointed out the sidewalk was installed voluntarily during construc- tion of the building. Questions were raised regarding the requirements for landscaping and sprinklers. Council Minutes 11/22/77 -8- Councilman Greene commented this area has been improved for the betterment of the City. He seconded the motion to approve the sidewalk matching funds. AYES: 2 Council Members: Greene, Scotto NOES: 3 Council Members: Miller, Jackman, Jennings Failed. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to set a hearing on zone Change Case #127, Southwest corner of 4th Street and LaReina Avenue, for 7:30 p.m., December 13, 1977, in the Council Chamber of the Downey City Hall. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING AND ADOPTING A COMPREHENSIVE ZON- ING ORDINANCE FOR THE CITY OF DOWNEY, AND REPEALING AND AMENDING ALL EXISTING ORDINANCES IN CONFLICT THEREWITH Mr. Goggin explained the following changes in the Ordinance are recommended for clarification: Page 14: Section 9104.268 rewritten to describe what a rear yard is. Page 23: Sub -section (3) revised to define the location of recreation vehicles. Mr. Thompson pointed out the language in the sub -section pertaining to recrea- tion vehicles was modified saying that a propelled recreational vehicle can park in the driveway so long as it does not obstruct access to a required garage facility; if not self-propelled, it can be stored but must be stored in back of the building line provided it does not obstruct access to the garage. Pages 41, 51 and 72: Section 9136.20 partaining to fireworks has been eliminated and will be contained in Section 3300, which will be submitted to the Council in the near future. Page 42: Fireworks will be included as a permitted use in the C-2 zone; Page 51, Fireworks also included as a permitted use in the M-1 zone, which carries through as permitted use in the M-2 zone. Fireworks stands will be permitted in C-2, C-3, M-1, and M-2 zones, and the applicable code for control will be Section 3300. Mr. Sorensen advised the reference to Section 3300 should actually be "Chapter 3 of Article 3.t1 Page 104: Sub -section (3) defines methods by which the area for monument signs is computed. Page 112: Sub -section 6(a) has been revised; Sub -section (1) under (d) has been added explaining wall signs. Page 118: Idential to approval of both the Planning Commission and City Council. Page 119: A new Sub -section (17) was inserted covering medical and dental. Page 154: It is recommended in Sub -section (1)(a) the five percent be reduced to one percent, and in Sub -section (c) the 75 percent be increased to 90 percent. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by unanimous vote to amend the Ordinance as indicated. The Ordinance was then read by title only. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to introduce the Ordinance. Tax. Councilman Miller asked about the status of the Committee for Refund on Property Mr. Thompson said he will review this and report back to the Council next meeting. Council Minutes 11/22/77 -9- `5903 Councilman Greene requested a Sister City./expense report, He also indicated he is still waiting for a report on the 25-Year Hployee Awards. Councilman Greene then asked what determines the order for placing items on the Council Agenda. Mr., Shand said the items are usually placed on the Agenda in the order they are received in the City Clerk's office, Councilman Greene inquired regarding the status of the Council Chamber improvements. Mr. Spindel said next meeting the authority to advertise for bids will be pre- sented to the City Council. Mayor Jennings asked if the Council would be interested in changing the Agenda to accommodate people who wish to speak before the Miscellaneous Council Actions and Cash Contracts. Mr,. Shand explained that quite often, the controversial Agenda items come in at the last minute just before the Agenda is typed. Mayor Jennings then asked that these items be placed on the Agenda between IX and X. Councilman Jackman inquired about the legality of conducting Pre -Agenda Meetings. Mr. Sorensen replied it is not illegal so long as they are open to the public, Councilman Jackman stated at a Pre -Agenda Meeting the agenda items could then be placed in the order determined by the Council. He asked why the CETA employees are painting addresses on abandoned homes in the 105 Freewav Corridor. Mr. Spindel explained the area is used for training; secondly, the Police and Fire Departments still need to know the addresses in order to respond to calls. Councilman Jackman suggested the Council give thought to establishing Pre -Agenda Meetings and then decide whether there would be any advantage to do so, Councilwoman Scotto inquired regarding the status of staff response to the suggestion of a control program on DART. Mr. Thompson stated information is being compiled on this.. Mayor Jennings commented he would like a determination from staff as to whether the Sessler Company is making or losing money on the DART Program, Councilwoman Scotto mentioned she discussed this with a Sessler representative, who indicated the company is losing money, but that they intend to continue with the program because they feel it has potential. She said this is one of the reasons she feels the City should have a control project. Mr., Thompson stated staff could check into the potential sources as to the market prices on the materials and some determinations can be made under a control project, however, it would be difficult to make an absolute determination unless Sessler°s books were made available for this purpose. He said staff will need time to work on this. Councilman Miller requested the wearing of name tags by City employees and said someone walking up to a City counter can address an employee by name. "Reinvestment in Downey" Work Program Mr. Tincher explained the information submitted to the Council outlining the proposed work program reflects a further refinement of the allocation of Housing & Community Development and General Revenue Sharing Funds which have been set aside for the City-wide revitalization effort both in terms of housing conservation and areas identified in the HCD application approved by HUD. The report, he said, also summarizes the anticipated costs for implementing the program. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to approve the proposed Work Program, including the amounts. Mr. Tincher explained further that when the Council reconvenes as the Community Development Commission, it will then consider the proposed agreement with the con- sultant to undertake the feasibility study. He said the Council must provide resources to the Commission at this time in order for it to conduct that feasibility study. Council Minutes 11/22/77 -10- Referring to Item #6 on Page 6 of the Work Program, Mayor Jennings asked, before the $44,000 is spent on the Code Enforcement Program, if it will come back to the Council for approval. Mr. Thompson replied yes, before the amounts are spent this will be brought back to the Council with a more itemized budget; however, a commitment is needed in order to get the Planning Element started. Councilman Jackman commented on the importance of receiving 30-day increment reports on the program. Discussion followed. Mayor Jennings stated if this is approved tonight, before one cent is spent, he wants to see a detailed budget of how the money is to be expended and then approve, revise, or disapprove the budget AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings At 11:20 p.m., Mayor Jennings declared a recess to executive session to discuss personnel matters. The executive session commenced following adjournment of the meeting of the Community Development Commission at 11:27 p.m. The meeting resumed at 11:57p.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 11:57 p.m. to 5:00 p.m., November 28, 1977, in the Council Chamber of the Downey City Hall. 1� Robert L. Shand, City Clerk -Treasurer Council Minutes 11/22/77 -11-