HomeMy WebLinkAboutMinutes-05-09-78-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 9, 1978
T A B L E O F M I N U T E A C T I O N S
rare-ti�o
Resolution #3537, Ordering Annex. to City Ltg.
Dist. (Annex. 78/23, Lindsey Ave.)
Hearing for input on use of City's Revenue
Sharing Allocation for 1976-79
Minutes: Regular Meeting, April 25, 1978
Correspondence re Left -turn signal on Florence
at Brookshire
CC #SS-326, Gallatin Rd., Lakewood to Downey -
Sanford Bridge Rd.: Plans, specs & auth. to
advertise (A/C #26-16189)
ACTION:
Adopted
Hearing closed; no action
Approved
Filed
Approved
CC #427, Pro Shop Annex., Rio Hondo Golf Course:
Accept imprvements & maintenance Approved
S.S. Proj. #331, Citywide Traffic Signal Mod.:
List of proposed mods & auth. to advertise Approved
CC #416, Street Improvements on Vista Del Rio &
Stoakes: Accept improvements & maintenance Approved
General Warrants #160132 - 160555
#204586 - 204630
Nada St. W/o Pomering Rd.: Accept improvements
& maintenance
DPC #111, Sewer Main in Easement W/o Paramount
S/o Phlox St.: Accept dedication & improvements
Ordinance amending Sec. 4606.3 & 4606.6 DMC
re Noise
Ordinance amending DMC adding Sec. 3333 - 3351
& amending Sec. 3302 re Uniform Fire Code
(re Sale of Fireworks)
Approved
Approved
Approved
Taken under submission
Introduced w/changes
Permits for sale of fireworks: Begin receiving
applications; 5/18 last day for applications;
public drawing to be held 5/19, 10:00 am if
appl. exceed permissable number Approved
PAGE NO.
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Resolution #3538, Apprvg. Agmt. bet. City &
State for Inst. & Maint. of landscaping along
S/side Freeway sound wall W/o Paramount B1.
(Santa Ana Freeway) Adopted 5
Resolution #3539, Apprvg. Appointment of
Irving E. Rosen to Water Board (to 6/30/78) Adopted 5
Resolution #3540, Apprvg. Appointment of Mike
Burns to Parking Place Comm. (to 6/30/78) Adopted 5
Sidewalk Matching Funds: M.F. #13 & 14, $500 Approved 5
S.S. Proj. #328, Fifth St. Widening, Downey to
Brookshire (A/C #26-16191): Auth. payment to
property owners for acquisition of property Approved 6
Granting of Access Rights previously
relinquished to Brookshire from 8416 Comolette Allowed 6
Downey Comm. Hospital Celebrity Tennis Tournamt.:
Req. to hold tournament at Independence Park on
Saturday, August 5th, followed by dinner & Approved; no alcoholic beverages
entertainment at Rio Hondo Country Club to be served on Heliport site 6
Page 1 of 2
COUNCIL MINUTES, MAY 9, 1978
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT:
Authorization to amend License Agreement bet
Kenneth Cherry, Golf Pro Manager, & City
Appeal, Zone Variance #22, 9317 Florence Ave
Quarterly report, Downey Chamber of Commerce,
for January 1 - March 31, 1978
ACTION:
Failed; further information
requested by Council
Hearing set for 5/23/78
Received & filed
Temporary Parking Restriction on Little Lake Rd.
adjacent to Wilderness Park, May 20 & 21 (4th
annual Fly Fishermens Festival) Approved
City Council Committee Assignments
Status of Sister City Association
Appointment of Members to Rehabilitation
Assistance Committee
Rehabilitation Assistance Committee - Names
submitted by Mayor Greene & Cn. Miller
Adjustments to Housing Assistance Plan
Downey Redevelopment Plan EIR & General Plan
Amendment
Downey Community Hospital Budget for Fiscal
Year 1978-79, incl. rate & salary increases &
survey of charges - Meeting set for 5/19
Downey Neighborhood Watch Program
Appointment of Mr. Doug Creek to Downey Water
Facilities Corp.
Ordinance amending Business License Code to
include Wholesalers of Fireworks
Ordinances re Utility Users' Tax & Business
License Fees effective in event Jarvis -Gann
initiative (Prop. 13) passes
Study session on City Budget
Councilman Miller to prepare Resolution support-
ing Charter Amendment A repealing Prevailing
Wage Provision
Recognition for art work of carved City seal
mounted in Council Chamber
Council Meeting adjourned to May 19, 1978, at
Downey Community Hospital
Received & filed
PAGE NO.
Cn. Jackman & Swearingen appntd.
to come back w/recommendation
Failed; Council to select
members
Approved
Hearings set for 5/23/78
Submitted for information
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Cn. Miller & Swearingen requested
to work w/Police Chief on program 8
Approved
City Manager to bring back
ordinance next meeting
Held over to next meeting
Set for 5/15/78
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9
9
9
Referred to City Clerk to prepare
resolution for next meeting 9
01
Page 2 of 2
EM
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 9, 1978
The City Council of the City of Downey held a regular meeting at 7:32 p.m.,
May 9, 1978, in the Council Chamber of the Downey City Hall, Mayor William L. Greene
presiding.
PRESENT: Council Members:
Theodore H. Jackman
Kenneth J. Miller Mayor Pro Tem
Milton R. Mackaig
Lyell W. Swearingen
William L. Greene Mayor
ALSO PRESENT: Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Beatrice J. Braun -Stone, of City Attorney's office
Ervin Spindel, Director of Community Development
Martin F. Wynne, Director of Finance
John T. Neavill, Director of Parks & Recreation
William F. Martin, Police Chief
Edwin H. Wood, Fire Chief
Frances E. Carter, Assistant City Planner
Harald J. Henriksen, City Engineer
Ken Stewart, Sr. Building Inspector
Terence Middlebrooke, Manager of Revenue
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend William Root, Grace Community Church,
followed by the Flag Salute led by Councilman Mackaig.
HEARINGS
Mayor Greene declared that this is the time and place for the public hearing on
Downey_ City Lighting District Annexation 78/23, Lindsey Avenue. 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 Councilman Jackman, seconded by Councilman Swearingen, and so
ordered to receive and file the Affidavits.
Mayor Greene inquired if the City Clerk had received any written protests or
objections, and the City Clerk replied he had not.
Mayor Greene inquired if there was anyone present who wished to speak in protest
to the Annexation, 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 NO. 3537
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 78/23, LINDSEY AVENUE)
The Resolution was read by title only. It was moved by Councilman Miller and
seconded by Councilman Jackman to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to adopt Resolution No. 3537.
Mayor Greene declared that this is the time and place for the public hearing to
provide an opportunity for citizens of Downey to present written or oral input on
the Use of the City's General Revenue Sharing Allocation for the period of 1978-79
Fiscal Year. He inquired if the City Clerk had received any written correspondence
on this matter, and the City Clerk replied he had not.
Mayor Greene then inquired if there was anyone present who wished to speak re-
garding the City's Revenue Sharing allocation for 1978-79 fiscal year, and there was
no response.
Council Minutes 5/9/78 -1-
;023
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
unanimous vote to close the hearing.
Mayor Greene stated this concludes the hearing for citizen input on the use of
General Revenue Sharing Funds. Any further comment on the proposed allocation of
funds can be made at the hearing for the City's budget.
CONSENT CALENDAR
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by
the following vote to approve the Consent Calendar:
Minutes of Regular City Council Meeting of April 25, 1978.
Correspondence from Charles W. Thompson to Gerald H. McQuarrie regarding Left -
turn signal on Florence Avenue at Brookshire Avenue.
Cash Contract #SS-326, Gallatin Road, Lakewood Boulevard to Downey -Sanford
Bridge Road: Plans, specifications, and grant authority to advertise for bids
(Account #26-16189).
Cash Contract #427, Pro Shop Annexation, Rio Hondo Golf Course: Acceptance of
improvements completed and responsibility for maintenance thereof.
S.S. Project #331, Citywide Traffic Signal Modification: List of proposed
traffic signal modifications and grant authority to advertise for bids.
Cash Contract #416, Street Improvements on Vista Del Rio Avenue and Stoakes
Avenue: Acceptance of improvements completed and responsibility for maintenance.
General Warrants: #160132 - 160555; #204586 - 204630: $977,253.89.
Nada Street west of Pomering Road: Accept street improvements and responsibility
for maintenance.
Downey Private Contract #111, Sewer Main in Easement west of Paramount Boulevard,
south of Phlox Street: Acceptance of dedication and improvements completed.
AYES: 5 Council Members; Jackman, Miller, Mackaig, Swearingen, Greene
ORAL COMMUNICATIONS (Items not on Agenda) - None
ORDINANCES
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 4606.3 AND 4606.6 OF THE DOWNEY
MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO NOISE
The Ordinance was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Swearingen to waive further reading.
It was moved by Councilman Jackman and seconded by Mayor Greene to introduce
the Ordinance.
Mr. Bob Davila, 8024 Albia Street, requested the opportunity to see an EIR pre-
pared regarding the Noise Ordinance.
Mr. Sorensen explained the EIR is implementation of the Noise Element of the
General Plan. That EIR is on file in the office of the City Clerk.
Mr. Davila continued with his objection to introduction of the Noise Ordinance
and distributed for the Council's perusal photographs showing trash existing at 12130
South Paramount Boulevard (Southeast News) next door to his home. He also played a
recording of noise emanating from the Paramount Boulevard property during early hours
of the morning. Mr. Davila mentioned he has complained many times concerning the
noise and feels there should be an ordinance regarding noise levels between the hours
of 9:00 p.m. and 6.00 a.m.
Mr. Thompson explained City staff has responded to complaints of Mr. Davila
regarding the Southeast News. He indicated the City would be willing to make meter
checks of the noise.
Mr. Davila also complained that the Southeast News does not meet the City's
parking requirements.
Council Minutes 5/9/78 -2-
GCS 1
Mr. Spindel stated if it is requested, staff would take a measurement of the
noise and would take action if there is a violation. He commented the proposed
Ordinance would allow five decibels above ambient rather than a flat ambient level;
also, the District Attorney has advised there should be an amortization period for
any type of machinery installed prior to the passage of this Noise Ordinance.
Mr. Davila requested a noise reading be made. He indicated he would send
another ]Letter to the City, with copies to the Council, concerning his noise
complains:
Mr. Whittington, 8542 Manatee, spoke in opposition to raising the allowable
decibels above ambient. He also spoke in opposition to the proposed amortization
period and said he feels a law suit should be brought by the City against the
Downey Community Hospital.
A discussion was held regarding the meter reading of the Downey Community
Hospital cooling system,
Councilman Jackman asked Mr. Whittington if any of his neighbors are joining in
his complaint,
Mr. Whittington said many of the people on his street are renters, and he
pointed out the air conditioning of the Hospital is directly across the street from
his home
Mr. Thompson outlined the City°s attempts to work out a solution to Mr.
Whittington's complaint, He mentioned subsequent studies were made regarding noise
elements of the General Plan, which would provide noise control for the entire
City, and an ordinance was adopted by the City Council in June, 1976. The District
Attorney has indicated most ordinances provide some leeway between ambient and what
a legal infraction would be. He concluded that every attempt has been made to try
and resolve this matter.
Mr. Spindel explained the reason for this amended ordinance is to provide for
enforcement of noise violations, and the amortization clause referred to was taken
from the City of Los Angeles ordinance. He said the City Attorney has indicated
that if the Council desired, it could make the amortization period at any period
from the original passage of the Noise Ordinance adopted in 1976.
Further discussion ensued regarding the ambient level.
Mr. Sorensen advised the amortization period of five years can be made as of
the effective date of Ordinance No. 508, however, he cannot state that if it is
taken to court, the factual testimony presented would uphold such an amortization
period oz that a seven year amortization period would be upheld. Responding to
further comments, he explained this ordinance would not necessarily be raising the
decibels allowed, but would be setting a limit on non -conforming uses. He said the
five decibels stated in the ordinance are applicable to all noise; the eight
decibels apply as a limitation during the amortization period,
It was moved by Councilman Miller to take the Ordinance under submission pending
information to the Council concerning the District Attorney°s opinion regarding noise
levels.
After further discussion, Councilman Miller also requested copies of Noise
Ordinances from other cities surveyed.
The motion and second to adopt the Ordinance were withdrawn. The Ordinance was
taken under submission,
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTIONS
3333 THROUGH 3351 AND AMENDING SECTION 3302 OF THE
DOWNEY MUNICIPAL CODE, ALL OF WHICH SECTIONS RELATE TO
THE UNIFORM FIRE CODE
The Ordinance was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Miller to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by the following vote to introduce the Ordinance.
Councilman Jackman suggested the amount of the permit fee be reduced to $200.
Council Minutes 5/9/78 -3-
Councilman Miller questioned how the Ordinance could be worded to allow for the
sale of fireworks this year, and what system would be used for selecting the allowable
number of applicants to have fireworks stands if the required amount of applications
is exceeded,
Mr. Thompson stated the applicants can be selected on a first come, first serve
basis, or, if the number of applications received exceeds what is allowed, they can be
selected through a lottery type drawing. Mr. Thompson commented on the amount for
permit fees established in other cities which, he said, varies from zero to $350.
Councilmen Mackaig and Swearingen did not object to the $200 permit fee.
Chief Wood pointed out the income generated from the sale of fireworks can be
from $4,000 to $10,000 per stand, and it is felt the proposed permit fee of $350 is
reasonable because of the additional fire incidents which could occur as a result of
this new activity in the City. He suggested a careful monitoring to make sure the
firework stands do not constitute a hazard or a nuisance.
Mr. Thompson feels $350 would be a reasonable fee because if problems occur,
City staff would have to be sent out, and it does cost money to make these additional
inspections.
Councilman Jackman requested a report back on how much it costs the City to
service the stands after the Ordinance is adopted.
Mr. Sorensen suggested that at the beginning of Section 3337 (3), adding the
words "Except during the year 1978." He said if the Ordinance is adopted May 23rd,
it would become effective June 22nd. Then, he mentioned the Council by motion can
direct staff to accept applications and establish dates for this year, but the
Ordinance must be effective prior to anyone engaging in the sale of fireworks.
A discussion was held regarding using a lottery type system for selecting the
applicants who will operate fireworks stands, should the number of applications re-
ceived exceed what is permitted.
Mr. Sorensen then said the following language should be included as the second
sentence in Section 3337(b)e "The determination as to which qualified applicants
shall receive permits in the event the number of applications exceeds the allowable
number of permits, shall be determined by chance in accordance with Administrative
Regulations established by the City."
Section 3341 (v) was changed to read. "No smoking signs shall be prominently
displayed on the exterior of each stand, and no smoking shall be permitted within
ten (10) feet of any stand,"
In Section 3341 (a) and (b), the words "Director of Building & Safety" were
changed to "Building Official,"
Mr. Frank Pellegrino, 11803 Morning Avenue, questioned what it would cost to
operate a fireworks stand, as well as provide the necessary insurance. He favored
a zero permit fee and selecting applicants on a first come, first serve basis.
Mr, Joseph Cvetko, 13704 Clark Avenue, Bellflower, mentioned he is Scoutmaster
of Troop 893 in Downey, and he feels the selling of fireworks would be a good fund-
raising event. He favored lowering the permit fee to $100 or $150 and using the
lottery system for selecting applicants.
Mr. Hugh Riley, 9075 Raviller, spoke in favor of permitting the sale of fire-
works in the City of Downey but suggested the Council consider a zero permit fee.
Mr. Sorensen suggested the following be added to the end of Section 3337(a)(2):
"refundable if no permit issued."
Mr, Paul Peterson, 9039 Louise Street, Bellflower, representing Downey Pop
Warner Football, feels the permit fee is too high. Speaking to the lottery system
of selecting applicants, he suggested that those groups who have been selected one
year not be included in the lottery the following year in order to allow other
organizations an opportunity to have a stand.
Mr. Ronald Holley, 7621 Nada Street, commented on his experience in having fire-
works stands but noted a poor location might not allow the stand to make enough to
cover the permit fee. He does not favor the lottery system.
Mr. Steven Finley, 9319 Dalewood, speaking on behalf of the Downey Jaycees,
favored fireworks as an American tradition and does not feel anyone should be pre-
cluded from selling fireworks.
Council Minutes 5/9/78 -4-
Mr. Ron Reagan, 7870 Baysinger, president of the Downey Junior Athletic
Association, said as a co -sponsored group of the City, the sale of fireworks could
be a way to help reduce the amount of money the City has to spend in financing youth
sports programs for the City. He favored the lottery system and noted the permits
of the State Fire Marshal must be issued before June 13th.
Mr. Sorensen explained if the Council introduces the Ordinance this evening it
may take action to approve guidelines for taking applications and establishing a
date for the drawing.
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and
passed by unanimous vote to set the permit fee at $200.
Roll call vote on introduction of the Ordinance:
AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene
It was moved by Councilman Jackman, seconded by Councilman Swearingen, and
passed by unanimous vote to commence receiving applications immediately; that May 18th
be the last day for receiving applications; and that a public drawing be held at
10:00 a.m., May 19th, if the qualified applications exceed the permissible number.
The applications are to be made to the Manager of Revenue.
Mayor Greene declared a recess at 10:02 p.m. The meeting resumed at 10:10 p.m.
with all Council Members present.
RESOLUTIONS
RESOLUTION NO. 3538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AGREEMENT BETWEEN THE CITY OF DOWNEY AND
THE STATE OF CALIFORNIA FOR THE INSTALLATION AND MAIN-
TENANCE OF LANDSCAPING ALONG THE SOUTH SIDE OF THE
FREEWAY SOUND WALL WEST OF PARAMOUNT BOULEVARD
The Resolution was read by title only. It was moved by Councilman Miller and
seconded by Councilman Jackman to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to adopt Resolution No. 3538.
RESOLUTION NO. 3539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF IRVING E. ROSEN AS A MEMBER
OF THE WATER BOARD
The Resolution was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Miller to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to adopt Resolution No. 3539. (The appointment is for the term
expiring June 30, 1978.)
RESOLUTION NO. 3540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MIKE BURNS TO THE PARKING
PLACE COMMISSION
The Resolution was read by title only. It was moved by Councilman Jackman and
seconded by Councilman Miller to waive further reading.
It was moved by Councilman Jackman,
by unanimous vote to adopt Resolution No
expiring June 30, 1978.)
COUNCIL ACTIONS
seconded by Councilman Miller, and passed
3540. (The appointment is for the term
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to approve Sidewalk Matching Funds in the amount of $500 for side-
walk construction at the following locations (Account #71-15008): M.F. #13, 12343
Richeon, $200; and M.F. #14, 8404 Adoree, $300.
Council Minutes 5/9/78 -5-
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to authorize payment to property owners for acquisition of real
property on S.S. Project #328, Fifth Street Widening Downey to Brookshire
(Account #26-16191).
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to allow Granting of Access Rights previously relinquished to
Brookshire Avenue from 8416 Comolette Street.
Downey Community Hospital Celebrity Tennis Tournament
Mr. Neavill explained there is a change in the recommendation as it applies to
use of the Golf Course. The Hospital Committee has requested that instead of the
west parking lot it would prefer using the area between the cart storage and practice
green. He said this matter is being brought to the Council as it applies to the re-
quirement for use of the heliport site and for the sale and consumption of alcoholic
beverages at this location.
Councilmen Jackman and Miller did not favor approving this with alcoholic
beverages at the heliport site. Councilman Jackman said this would set a precedent.
Councilman Swearingen suggested that if it would mean a better job of fund
raising for the Hospital, he thinks the Council should give it further consideration.
Mayor Greene concurred with Councilmen Jackman and Miller.
Mr. Neavill stated he was contacted today by the Hospital Committee, who indi-
cated that if this became an issue, they would still like to submit their application
for use of the heliport site, tennis courts, and Country Club, without the sale of
alcoholic beverages at the heliport site.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to approve the request of the Memorial Trust Foundation of the
Downey Community Hospital for a celebrity tennis tournament to be held at
Independence Park on Saturday, August 5, 1978, to be followed by a dinner and
entertainment at the Rio Hondo Country Club in the evening, with the change that no
alcoholic beverage sales on the heliport site would be permitted.
Authorization to amend License Agreement between Kenneth Cherry, Golf Pro
Manager, and City of Downey
Councilman Jackman inquired if there would be interest charged on the amount to
be deferred to 1979 and whether the $5,000 performance bond is realistic for protec-
tion of the City.
Mr. Neavill stated the interest was not considered; also, the $5,000 bond was
analyzed from the standpoint of the greatest amount of exposure that could jeopardize
City funds.
It was moved by Councilman Jackman and seconded by Councilman Swearingen to
authorize amendments to the License Agreement between Ken Cherry and the City of
Downey to assist him in recovering business losses as a result of the heavy rains.
A discussion was held regarding the request to change provision for Mr. Cherry
to provide a faithful performance bond and instead provide a policy covering him
and the City in the event of burglary, robbery, theft, and extended coverage.
Mr. Thompson explained Mr. Cherry took over as pro of the Golf Course during
the worst possible season and has experienced nothing but rain, which has created
financial problems in maintaining the operation. He pointed out that the faithful
performance bonds are difficult to collect on and usually take a law suit against
the bonding company.
Further discussion ensued. Questions were raised regarding what recourse the
City would have if Mr. Cherry could not fulfill his obligations.
Mr. Neavill stated the City would be able to go back on Mr. Cherry's inventory.
Mr. Thompson commented the City Council approved the contract with Mr. Cherry
late in the year after the "season" was over. These recommendations now before the
Council are considered to be a reasonable arrangement for the City. He pointed out
in the short time Mr. Cherry has been the City's pro he has done an outstanding job.
Councilman Jackman asked that the Council receive quarterly reports on the golf
pro's operation.
Council Minutes 5/9/78 -6-
AYES: 1 Council Member: Jackman
NOES: 4 Council Members: Miller, Mackaig, Swearingen, Greene
Failed,
Councilman Miller requested information concerning the golf pro's net worth, his
ability to borrow from a bank, or whether he is borrowing tax free from the taxpayers.
Mr. Thompson pointed out the Golf Course funds are paid by the golfers for fees,
Golf Course rentals, and concession money,
Request for hearing on _Appeal to Zone Variance #22, 9317 Florence Avenue. Set
for 7:30 p.m., May 23, 1978, in the Council Chamber of the Downey City Hall.
Quarterly Report of Downey Chamber of Commerce for period January 1 - March 31,
1978. Received and filed.
It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by
unanimous vote to approve Temporary Parking Restriction on Little Lake Road adjacent
to Wilderness Park, May 20 and 21, 1978 (Fourth Annual Fly Fishermens Festival).
City Council Committee Assignments. Received and filed.
Councilman Jackman suggested the Council appoint two members of the Council as
a comdiittee to review the status of the Sister City Association, with the possibility
of discontinuing the City of Guadalajara as the Sister City and selecting another
City more appropriate.
Councilmen Jackman and Swearingen were appointed and will come back with a
recommendation to the City Council.
Appointment of Members to Rehabilitation Assistance Committee
Mr. Tincher explained the Committee will be reviewing applications to determine
the eligibility of applicants. Applications have been received for the past two weeks
and are ready for processing. He said the name of possible Committee appointees are
submitted for Council consideration, and it is hoped by next meeting to submit the
name of a representative from one of the target areas.
It was moved by Councilman Miller and seconded by Mayor Greene to approve the
following appointments: Mr. Fred Keene, Senior Citizen Representative; Miss Carol
Doss, Handicapped Citizen Representative; Mr. Mike Huggins, Recreation & Community
Services Commission; and Security Pacific Bank, Lending Institution Representative.
Responding to questions, Mr. Tincher explained the various groups were contacted
by staff, and these names were then submitted by the groups. He stated the responsi-
bility of the Committee will be to act upon the applications to determine whether or
not an applicant meets the eligibility requirements as specified in the guidelines;
if it determined a person does not meet the requirements and his application is
turned down, any appeal would have to be through the City Council. Mr. Tincher said
these people are in essence appointees of the City Council, and staff has attempted
to identify persons who would fit within the categories previously established.
A discussion was held regarding the appointees being selected by the Council
Members.
Councilman Mackaig also questioned selecting Security Pacific Bank as an
appointee.
Mr. Tincher responded that Security Pacific Bank was approved by the City
Council several months ago to carry the below market interest loan program of the
financial assistance effort, and the City has entered into an agreement with the
bank for this purpose. He indicated the Council has directed staff to develop
information packages to forward to all lending institutions in the City for an
opportunity to join in the program.
Further discussion ensued.
AYES; 2 Council Members: Jackman, Miller
NOES: 3 Council Members: Mackaig, Swearingen, Greene
Failed,
Councilman Mackaig then suggested each Council Member select someone to serve
on the Committee.
Council Minutes 5/9/78 -7-
Councilman Miller submitted the name of Mr. Mike Huggins.
Mayor Greene submitted the name of Miss Carol Doss.
Mr. Tincher outlined the Adjustments to the Housing Assistance Plan, which are
necessary prior to submittal of the 1978-79 Housing & Community Development Block
Grant Application to the State and SCAG for review. Responding to questions, he
explained that out of 60 applications, a total of three have been processed to where
the applicants have entered into an agreement with their landlord.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to approve the adjustments to the Housing Assistance Plan.
A joint hearing between the City Council and Planning Commission was set for
6:30 p.m., May 23, 1978, in the Council Chamber of the Downey City Hall, for the
Downey Redevelopment Plan EIR and General Plan Amendment.
The hearing on Zone Change Case No. 128, properties located on Florence Avenue
between Lakewood Boulevard and Paramount Boulevard, was set for 7:30 p.m., June 13,
1978, in the Council Chamber of the Downey City Hall.
The Downey Community Hospital Budget for Fiscal Year 1978-79, including pro-
posed rate increases, salary increases, and a survey of charges from five hospitals,
was submitted for information at this time.
Mr. Thompson commented the Hospital has requested a meeting to discuss its
budget with the City Council.
A meeting was set for 7:30 a.m., May 19, 1978, at Downey Community Hospital.
Chief Martin commented on the three phases of the Downey Neighborhood Watch
Program, which include neighborhood watch organization, property identification, and
home security inspections by the Police Department. He said the program should have
a drastic impact on burglaries in the City. He mentioned the logo for window decals
is still under design, and noted $3500 is requested to cover the cost for 10,000
window decals and 25,000 pamphlets. Chief Martin pointed out that although funds
from service groups may be available for this, he feels it would be more meaningful
if it were the City's program.
Mr. Thompson advised there are unexpended funds in this year's budget that
could be earmarked for this program.
Councilman Miller noted the Make America Better Committee of the Downey Board
of Realtors has been searching for a program to sponsor, and he feels this might be a
program they would consider. He also inquired regarding the possible use of invisible
ink for marking purposes.
Chief Martin replied it is available, however, it is not as practical as an
engraver because if an article were stolen in Downey but recovered elsewhere, the
other Police Department might not be aware they should search the found article
with a black light to see if invisible ink was used.
Councilmen Miller and Swearingen were asked by the Mayor to work with the
Police Chief on this program.
Appointment of Mr. Doug Creek to Downey Water Facilities Corporation. So
ordered.
CITY MANAGER'S REPORT
Mr. Thompson requested Council concurrence to prepare an ordinance amending the
Business License Code to include Wholesalers of Fireworks. He was asked to bring an
ordinance back next meeting.
STAFF REPORTS
Mr. Sorensen advised that in the event Jarvis -Gann (Proposition 13) passes, it
is uncertain what a City can do with regard to adopting a tax which is not already
an effective tax. He said at the suggestion of Mr. Thompson, he has prepared two
ordinances for Council consideration, if it so desires: One would double the license
fees as provided by present code; the second would adopt the Utility Users' Tax.
Both ordinances would be effective only if Jarvis -Gann passes.
Councilmen Swearingen and Mackaig indicated they do not want to consider the
ordinances.
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Councilman Jackman stated that if Jarvis -Gann passes, the impact on the City
will be substantial, and the Council will have to consider other ways to pay for
services or cut back on services. He feels the Utility Users' Tax is a fair tax.
Councilman Miller said since the Utility Users' Tax is still in effect at a zero
rate, it can be reactivated at any time. The Council would have to set the rate.
Mr. Sorensen stated that if Jarvis -Gann passes, he is not of the firm opinion
the Council would be able to establish the rate at that time because in effect that
would be establishing a tax. He further pointed out he is of the opinion that if
the Council wants to have such a tax in effect, it should take action now.
Councilman Miller indicated he would be somewhat reluctant to impose a new tax
until he knew how the voters of the City had voted on this issue.
Mr. Thompson said if the Council wants to have an option, it can reserve that
option for another two weeks even if it introduces the ordinances tonight; the
Council would not be committed to adopt an ordinance once it is introduced.
Councilman Jackman stated the Council should take a positive step toward pro-
viding an alternative if Proposition 13 passes,
Councilman Miller commented regarding surplus State funds that are sitting idle.
He said those dollars may never find their way back to Downey unless there is a need,
and he questioned whether or not the City Council should impose a double burden on
the taxpayers.
Councilman Swearingen said people are tired of being pushed around by the
legislators, and that is why they will vote for Proposition 13.
Discussion followed.
Mr. Sorensen proposed that if the Council so desired, it should repeal Ordinance
No. 533 and readopt the Utility Users' Tax as it was before. The Ordinance would be-
come operative only in the event Jarvis -Gann passes; it would be effective July 1st
and would not include any service prior to that date.
Councilman Miller suggested the Council consider these ordinances at another
time, possibly at a special meeting. He inquired about the time frame in which the
Council would have to adopt the ordinances.
Mr. Sorensen replied an ordinance can be introduced at the May 23rd meeting,
and after a five-day interval, the ordinance can then be adopted.
Councilman Jackman feels the ordinance should be held over to the next regular
meeting.
Councilman Miller requested staff to come back with proposals for the Utility
Tax and Business License fees, including dollar amounts.
Mr. Thompson indicated the Council should be receiving the proposed City Budget
on Thursday, and then a reduced budget will be presented in the event the Council
chooses not to replace any revenue. The City of Downey Budget will also be presented
to the Council formally at its meeting of May 23rd. He suggested the Council con-
sider setting a Budget study session.
A study session on the Budget was set for 4:00 p.m., May 15, 1978.
ORAL COMMUNICATIONS
Councilman Miller stated the Independent Cities of Los Angeles County have taken
a position of supporting Charter Amendment A which would be repealing the Prevailing
Wage Provision. With the concurrence of the Mayor, he said he will prepare a resolu-
tion for the Council's consideration.
Councilman Miller acknowledged the art work of the carved City seal mounted in
the Council Chamber and said the artist should receive special recognition.
The City Clerk was requested to prepare a resolution for the next meeting.
Mr. Whittington, 8542 Manatee Street, played a tape recording of the noise
emanating from the Downey Community Hospital.
At 12.10 a.m., the meeting was adjourned to 7.30 a.m., May 19, 1978, at the
Downey Community Hospital.
Ro ert L. Shand, City Clerk -Treasurer William L. Greene, Mayor
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