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HomeMy WebLinkAboutMinutes-02-14-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 14, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Hearing on possible Revocation of License, Osaka Oriental Health Spa Set for 2/28/78 1 Report on cost -saving changes on Cash Contract #410, Bldg. & Restroom Modifications, Apollo Park Neighborhood Center Information only 1 Removal of Items from Consent Calendar 1 Minutes, Adj. Reg. Meeting August 23, 1977 Approved 1 Corres. from County Bd. Supervisors re Century Freeway EIR & Median Transitway Filed 1 Denial of Legal Claims: Ref. #356, #357, #359, & #360 Approved 1 CC #412-B, Sidewalk Const. @ Various Locations: Specs & auth. to advertise (A/C #71-15008) Approved 1 CC #423, Wilderness Park Play Area Devlpmt.: Improvements completed (A/C #21-17110) Approved 1 General 'Warrants #158049 - 158534 #204274 - 204344 Approved 1 Minutes, Reg. Meeting January 24, 1978 Approved as amended 1 Downey Youth Band Volleyball Marathon to be held March loth & llth 2 Ordinance #540, Prohibiting Issuance of Permits During Study of Massage Parlors & Adult Entertainment Zoning (Emergency) Adopted 2 Ordinance prohibiting issuance of Bldg. Permits in Redevelopment Proj. Area & Downtown Reinvest- ment Area except on Auth. of City Council Taken under submission, (Emergency) Council. to conduct study session 2 Resolution #3500, Auth. Water Superintendent to sign & file appl. to combine facilities of all three Water Systems Adopted 3 Resolution Auth. reduction of Parking Spaces Taken under submission (10909 New Street) to next meeting 3 Resolution #3501, Rescinding Res. #2024 for 1-hr. prkg. on N/s Florence Ave. bet. Rives & Smallwood bet. 9:00 am & 6:00 pm Adopted 3 Resolution #3502, Ord. Dir. Comm. Dev. to Make Report (Annex. 78/21 Horley Ave.) Adopted 3 Report: Annex. 78/21 Received & filed 3 Resolution #3503, Decl. Int. to Annex to City Ltg. Dist. (Annex. 78/21, Horley Ave.) Adopted 4 Resolution #3504, Req. Estimate of Assessed Valuation of Property within City for Succeeding Fiscal Year Adopted 4 Resolution #3505, Apprvg. Appl. & Project Agmt. for Historic Preservation Grants-in-aid Funds for James C. Rives House Project Adopted 4 Resolution #3506, Auth. Access to State Summary Criminal Histories Adopted 5 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 14, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Resolution Req. Fed. Dept. Transportation to expedite, apprvl. of EIR for Century Fwy., Req. Cal. Dept. Transportation to Construct Fixed Rail or Bus Transitway & relocate So. Pac. El Segundo -Torrance Branch Line into Century (I-105) Fwy. Median & urging compl. of Multi- Withdrawn from agenda; Modal Transportation Fac. be expedited no Council action CC #416, Street Improvements on Vista Del Rio Ave. & Stoakes Ave.: Award to Sully -Miller Taken under submission CC #315, Gardendale - Paramount to Downey: Award to Sully -Miller (A/C #26-16174) Approved CC #425A, Cleaning of Palm Trees, Various Locations (A/C #10-53352 & #10-44210) Bids rejected CC #313, Florence Ave. & Old River School Rd.: Extra work $490.90; grant time extension of 10 working days; assess liquidated damages of $100; accept imprvmts. (A/C #26-16173) Approved Birchdale Ave. Barricade. Negotiate w/owner of property protruding onto Birchdale to acquire add'1 four feet of ppty. Approved Sidewalk Matching Funds, $204, on property adjacent to 13244 Dunrobin Ave. M.F. #492 (A/C #71-15008) Approved Underground Util. Dist. 46, Firestone B1., et al: Auth. appropriation of add'l. $6500 Approved Repair of Paving on Paramount Bl. S/o Firestone: Approp. of Gas Tax Funds by transf. of $7500 from A/C #26-16194 to #26-16200 Approved Rpt. on PW Projs. by Engrg. Div. & by Force Acct, during lst 6 mos. of 1977-78 Conduct Reg. Council Mtg. of April llth on April loth in view of Gen. Mun. Election on April llth Meeting Expense Req. by Parking Place Comm. Acquis, of Rio Hondo Golf Course Water Rights from Golf Authority: Auth. staff to proceed Joint Powers Agmt. - SW Regional Training Center: Auth. CM to enter into agmt. for providing training prgm. to City employees Replacement of existing Telephone System with new Digital GTD-120 Telephone System: Suppl. appropriation Agmt. establishing Reciprocal Use of Facilities as recommended Birchdale Avenue Barricade financing: Transfer funds for title report & escrow Councilwoman Scotto to serve on Cerritos Arts Council Complaint re noise emanating from air conditioning system at Downey Comm. Hospital Executive Session re litigation Meeting adjourned to February 21, 1978 Page 2 of 2 Information only Approved No action taken Approved Approved Approved Approved Approved Staff to study & report back PAGE NO. 5 5 6 6 6 6 6 7 7 7 7 7 6 8 8 9 9 9 9 10 10 6. ,15 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 14, 1978 The City Council of the City of Downey held a regular meeting at 7:51 p.m., February 14, 1978, 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 PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief William A. Goggin, City Planner Ray T. Lake, Building Official Lyle Wilkinson, Battalion Chief Harald J. Henriksen, City Engineer John H. Saunders, Assistant to City Manager Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Jackman, followed by the Flag Salute led by Boy Scout Carl Zelambo. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to set a hearing on possible Revocation of License of Osaka Oriental Health Spa, for 7:30 p.m., February 28, 1978, in the Council Chamber of the Downey City Hall. Report regarding cost -saving changes on Cash Contract #410, Building & Rest - room Modifications, Apollo Park Neighborhood Center. For information only. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of Regular Meeting of January 24, 1978, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes, Adjourned Regular Meeting of August 23, 1977. Correspondence from Los Angeles County Board of Supervisors regarding Century Freeway EIR and Median Transitway. Denial of Legal Claims: Ref. #356, Douglas and Hector Carreon and Alex Medreno; Ref. #359, Sta and Martha Rowland: and Ref. 4360. Jessica Rnw1, Farm Insurance and #357 Cash Contract #412-B, Sidewalk Construction at Various Locations: Specifica- tions and grant authority to advertise for bids (Account #71-15008). Cash Contract #423, Wilderness Park Play Area Development: Accept improvements completed and responsibility for maintenance thereof (Account #21-17110). General Warrants: #158049 - 1585341 #204274 - 204344: $1,004,435.82. AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings Referring to the first paragraph on Page 10 of the Minutes, Regular Meeting of January 24, 1978, Councilwoman Scotto said she is quoted as suggesting "landscaping in the Florence Avenue median would be more practical than placing trees in the sidewalk area," when actually she suggested just the opposite, feeling it might be more important to have trees in the sidewalk area where people walk rather than in the median. Council Minutes 2/14/78 -1- It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to approve the Minutes of Regular Meeting of January 24, 1978, as amended. ORAL COMMUNICATIONS (Items not on Agenda) Mr. Gordon Strand, 12359 Gneiss Avenue, President of the Downey Youth Band, addressed the Council regarding a Volleyball Marathon to be held March loth and llth, the funds from which will go toward music instruction scholarships. He said anyone wishing to donate money to this fund may contact him at his home, and he requested the support of the Council. ORDINANCES ORDINANCE NO. 540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF PERMITS DURING A STUDY OF MASSAGE PARLOR ZONING (see title as amended) The emergency Ordinance was read in its entirety. it was moved by Councilman Jackman and seconded by Councilwoman Scotto to adopt the Ordinance (see later motion). Councilman Miller inquired about including adult book stores and X-rated movies. Mr. Sorensen said he has proposed amendments to the ordinance if the Council is interested in expanding the zoning study to include these other matters. He ex- plained constraints have been placed on the ability of a city to absolutely prohibit these kinds of things, but some other cities have adopted ordinances controlling the location, land use, and regulations so these types of businesses are located in a particular area certain distances from schools and residential areas. He pointed out it would be this kind of study to which the ordinance would lead if adopted. Mr. Goggin mentioned at the present time a request has been received for - interpretation of the Zoning Ordinance as to what zone massage parlors would be permitted, and today a request was received for conversion of a motel to show X- rated movies. He said the emergency ordinance would give the City time to prepare an ordinance establishing the conditions under which they could operate. Councilman Jackman stated he would like to have this included in the ordinance. Mayor Jennings indicated he would like for the Council to be involved in the study of this matter and suggested study sessions be set up for this purpose. A new paragraph was added as the third "WHEREAS" to read: "WHEREAS, the Planning Commission and the City Council are proposing to study the land use districts and land use regulations and matters related thereto concerning adult theatres, adult book stores and other similar uses relating to adult entertainment." SECTION 1. of the Ordinance was changed to read: "Notwithstanding any other provisions of the Downey Municipal Code, no build- ing permit or other permit authorizing the use of premises shall be issued for massage parlors by adult theatres, adult book stores or other similar uses relating to adult entertainment by the Building and Safety Division or Planning Division of the Community Development Department, nor shall such uses not heretofore in existence be permitted during a period of study and preparation of a zoning ordinance relating to the use of premises therefor." The title of the Ordinance was changed to read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF PERMITS DURING A STUDY OF MASSAGE PARLORS AND ADULT ENTERTAINMENT ZONING It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to adopt emergency Ordinance No. 540, as amended. The emergency Ordinance prohibiting the issuance of Building Permits in the Area was Council Minutes 2/14/78 -2- h� ZX 56 Councilman Miller requested the Council to conduct an adjourned meeting on February 21st, following the study session of the Community Development Commission, and take action on the emergency Ordinance at that time. RESOLUTIONS RESOLUTION NO. 3500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE WATER SUPERINTENDENT TO SIGN AND FILE APPLICATION TO COMBINE FACILITIES OF ALL 3 WATER SYSTEMS The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3500. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING A REDUCTION OF PARKING SPACES (10909 NEW STREET) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilwoman Scotto and seconded by Councilman Jackman to adopt the Resolution, Responding to questions, Mr. Goggin stated it is the recommendation of staff that agreements be maintained, and if any of the companies that have agreements decide to terminate, the Christian Church of Downey will guarantee to come up with sufficient parking to replace any spaces that have been cancelled. Mayor Jennings questioned taking action on an oral agreement. Councilman Jackman concurred that he would like to see a written guarantee from the church. Following further discussion, the Resolution was taken under submission to the next meeting. RESOLUTION NO. 3501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 2024 FOR ONE -HOUR PARKING ON THE NORTH SIDE OF FLORENCE AVENUE BETWEEN RIVES AVENUE AND SMALLWOOD AVENUE BETWEEN THE HOURS OF 9:00 A.M. AND 6:00 P.M. The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3501. RESOLUTION NO. 3502 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 (ANNEXATION 78/21 HORLEY AVENUE) The Resolution was read by title only. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3502. Mr. Henriksen reported the annual operating cost will be $497.52. The payment schedule per $100 assessed valuation for the first and second years will be 45C and for the third and continuing years will be 16G. It was moved by Councilman Greene, seconded by Councilwoman Scotto, and so ordered to receive and file the report. Council Minutes 2/14/78 -3- RESOLUTION NO. 3503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 78/21, HORLEY 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 Jackman, and passed by unanimous vote to adopt Resolution No. 3503. RESOLUTION NO. 3504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ESTIMATE OF THE ASSESSED VALUATION OF PROPERTY WITHIN THE CITY OF DOWNEY FOR THE SUCCEEDING FISCAL YEAR The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3504. RESOLUTION NO. 3505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE JAMES C. RIVES HOUSE PROJECT The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3505. Mrs. Ellen Peterson, 7535 Perry Road, Bell Gardens, President of the Downey Historical Society, introduced Mr. Emmett Watts, who is working with the Society in soliciting funds for the Rives mansion. She said there is no written agreement to to purchase the mansion. Mr. Bob Webber, 12033 Morning Avenue, anticipated a suitable price would be agreed upon between the buyer and seller. Mrs. Peterson noted at this time the seller is asking $250,000. Councilman Miller suggested the chances of receiving the grant might be more favorable if there were a written agreement between the buyer and seller at a given price. Councilman Jackman inquired regarding the amount of $100,000 estimated by the Bicentennial Commission for repair work on the mansion. Mr. Lake stated that with the escalating costs the amount is probably higher at this time. Mayor Jennings asked if the resolution would be binding the City to pay for the matching funds. Mr. Sorensen replied the resolution refers to the matching funds in the manner provided in the application, and the City would not be liable if the funds expected were not received from donations. Mr. Thompson explained there is no obligation to accept the grant even if it is tendered; if the application is successful, the State Department of Recreation will offer a contract specifying whatever the requirements are; and then at that time, the Council would have to make the decision whether or not to accept. Mr. Emmett Watts, 4807 Bentley, La Canada, commented on the funding involved and discussions with the property owner. Mayor Jennings inquired how the property will be maintained for the first year. Council Minutes 2/14/78 -4- Mr. Sorensen stated that if the title of the property is to go to the Historical Society, then it would be their obligation. He said if there is concern regarding the matching funds, he would suggest that in the second line of Section 3, the word only be inserted after the word "project." No objections were stated. AYES: 5 Council Members. Miller, Greene, Jackman, Scotto, Jennings RESOLUTION NO. 3506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING ACCESS TO STATE SUMMARY CRIMINAL HISTORIES The Resolution was read by title only. It was moved by Councilman Miller, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to adopt Resolution No. 3506. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE FEDERAL DEPARTMENT OF TRANSPORTATION TO EXPEDITE APPROVAL OF THE ENVIRONMENTAL IMPACT REPORT FOR THE CENTURY FREEWAY, REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A FIXED RAIL OR BUS TRANSITWAY AND RELOCATE THE SOUTHERN PACIFIC'S EL SEGUNDO-TORRANCE BRANCH LINE INTO THE CENTURY (I-105) FREEWAY MEDIAN AND URGING THAT COMPLETION OF THIS MULTI -MODAL TRANSPORTATION FACILITY BE EXPEDITED The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to waive further reading. It was moved by Councilman Greene and seconded by Councilman Jackman to adopt the Resolution. Mr. Thompson explained this resolution specifies specific use of the originally proposed 65-foot median. Councilman Jackman asked if this would require any further environmental impact studies because of the change in the transitway and relocation of the Southern Pacific El -Segundo branch line. Mr. Thompson replied the environmental impact statement does have sections re- garding use of the median, including this particular purpose. Councilman Jackman raised concern that this resolution could cause further delay in the Freeway. Following further discussion, Councilman Jackman withdrew his second to the motion. It was then the concensus of the Council to withdraw the resolution from the agenda. CASH CONTRACTS Following a summation of bids, it was moved by Councilwoman Scotto and seconded by Councilman Greene to award Cash Contract #416, Street Improvements on Vista Del Rio Avenue and Stoakes Avenue, in the amount of the unit prices bid, to Sully -Miller Contracting Co. of Long Beach, the lowest and best bidder (Account #71-15009). Discussion was held regarding the 1-to-35 percent increase in cost to the property owners. Mr. Henriksen explained the increase is the result of various bid prices, and removal and excavation costs are considerably more than estimated. He said if the Council desires, a letter can be drafted and sent to the property owners involved. Councilman Miller suggested the Council be supplied with revised information showing the properties affected and the amounts. Taken under submission. Council Minutes 2/14/78 -5- Y Following a summation of bids, it was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote to award Cash Contract #SS-315, Gardendale Street - Paramount Boulevard to Downey Avenue, in the amount of the unit prices bid, to Sully -Miller Contracting Company of Long Beach, the lowest and best bidder (Account #26-16174). It was moved by Councilman Greene, seconded by Councilman Miller, and passed by unanimous vote to reject the bid received for Cash Contract #425A,-.Cleaning of Palm Trees at Various Locations (Account #10-43352 and #10-44210). It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to approve the extra work in the amount of $490.90 on Cash Contract -- #SS-313, Florence Avenue and Old River School Road; grant a time extension of ten working days; assess liquidated damages in the amount of $100; accept the improve- ments completed; and accept responsibility for maintenance thereof (Account #26-16173). MISCELLANEOUS COUNCIL ACTIONS Birchdale Avenue Barricade It was moved by Councilman Jackman and seconded by Councilman Greene to consider acquisition of right-of-way for construction of street widening at 9612 Birchdale Avenue and transfer $7500 from Account #26-16194 to Account #26-16199. (See substitute motion.) Ms. Alice Vartanian, 8603 Lubec Street, commented on material she submitted to the Council and an area inventory conducted by the Downey Chamber of Commerce. She then referred to Page 41 of the City's General Plan concerning preservation of resi- dential areas. Ms. Vartanian urged the Council to give further consideration to the opening of Birchdale Avenue. She mentioned that 11 of the 18 properties she has surveyed agreed to pay up to $250 to build a cul-de-sac at the property protruding out onto Birchdale. Mr. Stanley Johnson, 9616 Birchdale Avenue, spoke regarding the Council's action on January 16, 1978, to widen the street at the property protruding onto Birchdale. He said he has talked to his neighbors who own that property and they would be willing to negotiate to have the City acquire ten feet of the property rather than the proposed six feet. He feels ten feet would make the street much safer. Mr. Johnson also indicated that for further safety of this area he would request removal of the shrubbery on the property next door in order to see the vehicles traveling from the north on Birchdale. Mr,. Henriksen explained it was felt the Council wanted to provide a 22-foot roadway and that the acquisition of six feet with a retaining wall would be the most economical method of carrying out the Council's wishes. Councilman Miller feels a cul-de-sac would be in the best interest of a resi- dential neighborhood and a deterrent to crime. Discussion followed. Councilwoman Scotto concurred that the shrubbery should be removed on the pro- perty protruding out onto Birchdale for better visibility and favored acquiring the extra four feet. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to make a substitute motion to negotiate with the owner of the property protruding onto Birchdale to acquire an additional four feet of property. Mr. Sorensen advised that if the Council votes on this matter tonight and approves it, in effect it would be authorizing the first stage of negotiation and taking steps to carry through a project of this nature. It will then have to come back to the Council for approval of the acquisition and approval of the plans. Mrs. Margaret Fillet, 9904 Birhdale Avenue, commented on the traffic that would be generated from Standard Brands' customers egressing to the north if Birchdale is opened up. She stated for the record that she feels no matter how long the barricade is removed, in time there will be a serious mishap that could have been avoided. AYES. 3 Council Members: Greene, Scotto, Jennings NOES: 2 Council Members- Miller, Jackman It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by the following vote to approve Sidewalk Matching Funds in the amount of $204, for construction of sidewalks adjacent to 13244 Dunrobin Avenue, M.F. #492 (Account #71-15008). Council Minutes 2/14/78 -6- Councilman Jackman pointed out the Council is getting close to expending the total budget for sidewalk matching funds. AYES: 5 Council Members. Miller, Greene, Jackman„ Scotto, Jennings It was moved by Councilwoman Scotto, seconded by Councilman Miller, and passed by unanimous vote to authorize an appropriation of an additional $6500 for use on Underground Utility District No. 6 Firestone Boulevards et al. It. was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by unanimous vote to approve an appropriation of Gas Tax Funds for Repair of Paving on Paramount Boulevard south of Firestone Boulevard, by the transfer of $7500 from Account. #26-16194 to Account #26-16200. Account, on Public Works Projeatsby the Engineering Division and by Force For information only. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by unanimous vote that the regular City Council Meeting of April llth be conducted on April 10, 1978, in view of the General Municipal Election falling on April 11, 1978. Meeting Expense Request by Parking Place Commission Mr. Thompson pointed out the Library Advisory Board and the Hospital Commission do not receive meeting reimbursement, nor do any of the Authorities, Mayor Jennings stated the City Attorney has suggested studying all of the Boards and Commissions and making a decision affecting them all, It was moved by Councilman Greene to reject the request of the Parking Place Commission, The motion died for lack of a second, It was moved by Councilwoman Scotto that all of the City°s official Boards, Commissions, and Committees receive a minimum of $7.50 expense money per meeting, to be paid for a maximum of two meetings per month. The motion died for lack of a second. Following further discussion, no action was taken by the Council, It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to authorize staff to proceed with the Acquisition of Rio Hondo Golf Course Water Rights from City of Downey -Los Angeles County Regional Recreation Area Authority (known as the Golf Authority). Responding to questions, Mr. Thompson stated with the recent water acquisition, the City has nearly enough water rights to pump the total amount of its water needs. He pointed out the irrigation system at the Golf Course is relatively new, and the broken well pump motor in the Golf Course water system would have to be repaired or replaced. Councilman Jackman mentioned the sum of $145,700 which the Golf Course Authority would receive for the water rights would have to be impounded so that the money could be invested, with the revenue or interest therefrom helping to defray the cost of City water, Councilman Miller said the money could be invested in capital improvements in the Golf Course to provide additional revenue to offset the cost of water. Mr. Thompson indicated another consideration is that replenishment district costs have been escalating faster than the City°s rates, He commented on the bene- fits of this acquisition, which would place maintenance of the water system in the hands of people best able to provide that service; it would give the Golf Course a more dependable supply of water; it would even out the Golf Course budget so that it would not experience increases in expenses every six months; and valuable parking spaces would be gained at the Golf Course, Mr. Wynne said on Page 2 of the staff recommendation, the last three words in the first paragraph should read 01average cash balance." Responding to questions, Mr. Wynne explained the effect the revenue from the water rights acquisition would have on the Golf Course budget. Discussion followed. Councilman Jackman suggested use of reclaimed water at the Golf Course. Council Minutes 2/14/78 -7- Mr. Thompson mentioned there -is a pxoble.m wwth transporting reclaimed water. there is also a question of the amount of water and how much would be guaranteed, Councilwoman Scotto asked about paying for any deficit that might occur. Mr. Sorensen explained the City leases the Golf Course from the Joint Powers Authority, and if the revenues are not sufficient the. City must make up the difference, Further discussion ensued, Mayor Jennings said he would suggest approval if the City Manager can assure a lower wholesale water rate for the Golf Course. Mr. Thompson indicated if this is not approved„ anadditional appropriation of $20,000 to $30,000 would be required to make repairs and 'additional contribution to the Golf Course. He pointed out the well pump motor wculd still have to be replaced. Mr. Neavill explained at the present time the Golf Course is temporarily hooked up to the City water system with a meter. He commented on proposed repairs to the well pump motor. He stated that at the present time, all repairs to the water system at the Golf Course have to come out of Capital funds; however, this year the Council allocated certain funds for repair to that system and indicated staff should come back with every individual improvement or expenditure from that fund, Mr. Neavill said if the water rights axe transferred to the Water Division, the Capital Improvements would not come from the General Fund but would come directly from the Water Fund. Mayor Jennings favored proceeding if the purchase amount can be invested so that it will earn interest every year. Mr. Thompson said he can assure that because the money legally, cannot be used for anything except replacement of assets, Responding to further questions, he ex- plained this will have a minimal ongoing affect on the Water Department. Councilman Jackman indicated he would like to have further information, includ- ing an engineer's estimate: on the condition of the tank. Councilwoman Scotto also mentioned she would like to have further information. AYES° 3 Council Members, Miller, Greene, Jennings NOES. 1 Council Member, Jackman. ABSTAIN; 1 Council Member Scotto Joint. Powers Agreement - Southwest Regional Training Center Responding to questions, Mx, 'Thompson explained employees would be on salary while attending the training program, which would last approximately one or two days, and the cost would be for whatever training,is utilized, Mr. Saunders stated the program is under the prime sponsorship of Redondo Beach under the Intergovernmental Personnel Act, and the State has recommended there be a joint powers agreement with the cities who participate. He said the headquarters will be located at Cal State in Dominquez Hills at a reduced rental rate, and the program will be run by cities who participate. Mr, Saunders pointed out the average training program, would be $40 per day to be paid by the City. Councilman Greene indicated he feels the program is a waste of money and he would be opposed to it. It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed by the following vote to authorize the City Manager to enter into the Joint Powers Agreement in order to become a member of the Southwest Regional Training Center for the purpose of providing training programs for City employees, AYES, 3 Council Members. Miller, Jackman, Scotto NOES. 2 Council Members. Greene, Jennings It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to approve supplemental appropriation of $3,000 to Account #10-4-1410 (Utilities) out of General Fund balance for Replacement of Existing Telephone System with a new Digital GTD-120 Telephone System. Councilwoman Scotto mentioned there are a number of agencies that have purchased their awn system. Mr. Wynne stated that was looked into but felt to be a disadvantage because eventually the system would become obsolete,, He said the chances of coming back to Council. Minutes 2/14/78 -8- the same agency for the next system are not as good as being able to go back to the General Telephone Company. AYES. 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings It was moved by Councilman Greene, seconded by Councilman Miller, and passed by the following vote to approve the Agreement establishing Reciprocal use of Facilities, as recommended by the City -School Recreation Committee. Councilwoman Scotto asked that the minutes of the City -School Recreation Committee be provided to the Council. AYES; 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings Mayor Jennings declared a recess at 10.35 p.m. The meeting resumed at 10:44 p.m. with all Council Members present. CITY MANAGER'S REPORT. None. STAFF REPORTS Speaking to the Birchdale Avenue Barricade financing, Mr. Henriksen indicated it will be necessary to order a title report and open escrow, and he requested the trans- fer of $500 for this purpose. It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and passed by unanimous vote to approve the transfer of $500 from Account #26-16194 to Account #26-16199, as requested. ORAL COMMUNICATIONS Councilwoman Scotto mentioned if no objections from the Council, she will serve on the Cerritos Arts Council. No objections. Councilwoman Scotto commented on the location of a handicapped parking space at the Rio Hondo Country Club, which she said is toward the end of the parking lot, is on a slope, and there is also a puddle of water left by the recent rain. It was noted there are three handicapped parking spaces at the Golf Course. Mr. Lennie Whittington, 8542 Manatee Street, commented regarding his complaint concerning noise emanating from air conditioning equipment at the Downey Community Hospital, which he said first occurred in 1976. He mentioned he was informed by the Hospital Administrator that the Hospital had done its own study, and the air condi- tioning unit was not in violation of any code. He stated after he complained to the Building Division, the City then agreed to a sound study which was performed by Los Angeles County and showed the Hospital to be in violation. Mr. Whittington outlined the events that have taken place on this matter and mentioned the Hospital has appealed to the Building Appeals Board for a variance to continue operating the air conditioning equipment. He said the Hospital should either be made to comply with the City's Noise Ordinance or not operate the equipment until the Ordinance is changed. Mr. Whittington indicated inasmuch as he travels with his work, he may not be able to appear before the Appeals Board when this matter comes up again, and he went on record as objecting to the granting of a variance to the Hospital. Mr. Sorensen advised that a decision of the Building Appeals Board is appealable to the City Council; however, there would be a time element involved. Councilman Jackman stated he feels Mr. Whittington deserves an answer as soon as possible. Mr. Thompson pointed out staff has been attempting to respond to the problem and has worked with the Hospital toward a solution. He said he was assured by the Hospital that they would make sound studies and consider the possibility of putting in a muffling device to reduce the sound level or build a sound buffering wall. Since that time the City adopted the Noise Ordinance and has attempted to bring this matter to a conclusion, and at one time the City did receive assurances from the Hospital it would not operate the equipment after 10:00 p.m. Mr. Lake explained that according to the ambient level specified in the Ordinance, the sound study for the Hospital air conditioning showed the sound level is two or three decibals above ambient. In responding to questions, he stated the Building Appeals Board referred this matter back to staff for additional study and report back. Council Minutes 2/14/78 -9- Mayor Jennings feels Mr. Thompson should review this matter, including the State code, and that the City Attorney make a decision regarding the exempt status of the Hospital under the State code. Councilman Miller said the Downey Community Hospital in a letter to Mr. Whittington informed him the Hospital checked out all right as the result of a sound study; however, the Hospital would not share that information with Mr. Whittington and would not release the information to the City except through a court action. Staff to inform Mr. Whittington and City Council concerning its findings on this matter. At 11:20 p.m., Mayor Jennings recessed the meeting to Executive Session to dis- cuss litigation. The meeting resumed at 12:00 midnight with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 12:00 midnight to 7:30 p.m., February 21, 1978, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer �A� Rich d M. Jennings, Mayor/ Council Minutes 2/14/78 -10-