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HomeMy WebLinkAboutMinutes-05-23-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 23, 1978 T A B L E O F M I N UT -E ACT I O N S SUBJECT: ACTION: Employee of Year Award to Fred Sanchez Tournament of Roses presentation of City®s 1978 Entry photograph Resolution #3541, Commending Lyle Wilkinson for preparation of Council Chamber Plaque Presented to Mr. Wilkinson Resolution #3544, Confirming Assmts. for Chptr. 27 for DIP #698, Sites 1 - 9, N/s Vista Del Rio Ave. W/o Stoakes Ave. Adopted Resolution #3545, Confirming Assmts. for Chptr. 27 for DIP #699, Sites 1 & 2, W/s Stoakes Ave. N/o Vista Del Rio Ave. Adopted Appeal, zone Variance #22, 9317 Florence Ave.: Grant appeal to build wall on front of Approved; staff to bring back property & deny relative to rear portion resolution Removal of Items from Consent Calendar Minutes, Regular Meeting of May 9, 1978 Approved Denial of Legal Claim: Ref. #367 & #372; Rejection of Legal Claim Ref, #375 as not filed within time limit of Govt. Code 911.2 Approved CC #420, Drainage Fac., Western Ave.: Plans & specs & auth. to advertise (A/C #21-13944) Approved - General Warrants #160556 - 160857 #204631 - 204678 Approved CC #433, Downey Theatre Rehearsal Room Heating & Air Conditioning; & CC #415, City Taken under submission to Hall Canopy next meeting Discussion re Birchdale Avenue Ordinance Amending DMC re Noise Taken under submission Ordinance #543, Amending DMC re Uniform Fire Code (re sale of Fireworks) Adopted Ordinance repealing Ord, #533 & amending DMC & Establishing a Utility Users Tax Taken under submission Ordinance re License Fees Taken under submission Ordinance Amending DMC re Business Licensing (Wholesale Sale of Fireworks) Introduced as amended Ordinance #544, Adding Sec. to DMC re Use of Fireworks in Public Places (Emergency) Adopted Resolution #3546, Decl. Intention to Vacate portions of Alley E/o Smallwood bet. Fourth & Fifth St, Adopted CC #419, Gallatin Rd. - East End, Storm Drain: Reject all bids (A/C #21-13943) Approved Resolution #3547, Finding Necessity to perform work under CC #419 by City Forces (Gallatin Rd.) Adopted PAGE NO. 1 1 1 2 2 3 4 4 4 4 4 4 4 5 5 6 8 8 8 8 8 Page 1 of 2 COUNCIL MINUTES, MAY 23, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. CC #412-C, Sidewalks @ Var. Locations: Reject bids & direct Dept. Comm. Dev< pursue alt. methods of completing work Approved 9 CC #333, Sidewalk Const. on FAU Routes City- wide: Modify existing policy & auth. Dept. Comm. Dev. proceed w/Unit I of project Approved 9 CC #417, Gutter Const. - 1) Cleargrove Dr. bet. Guatemala & Horley; 2) Sideview Dr. bet. S/o Metro & Cedartree: Accept improvtmts. extra work for $322 (A/C #21-13941) Approved 9 CC #431, Golden Park Lighting: Plans & specs & auth. Dept. Comm. Dev, to advertise (A/C #21-17120) Approved 9 Special Lot Cleaning @ 9078 Eglise Ave.: Auth. Dept. Public Works to proceed Approved 9 Utility Agmt. w/Cal. Dept. Transp. on Water Main Relocation - Santa Ana Fwy, @ Paramount Bl. & auth. Dir. Public Wks. to sign Approved 9 Proposed Development in Downtown Reinvestmt. Planning Area - SW Corner 3rd & LaReina No action 10 Approval of Lease Agmts. for Use of Apollo Park Neighborhood Center for lease subm. by Angeles Girl Scouts, American National Red Cross, American Cancer Society, & Tapes - for Blind) Approved; Mayor to sign 10 Amendment to License Agmt. bet. City & Kenneth M. Cherry, Golf Pro -Manager, to incl. substitute insurance prov. in place of Faith- ful Performance Bond & Promissory Note Approved 10 Alarm Monitoring System Approved 10 Citywide DART Program: Extend one year to 6/30/79 w/contractor to pickup every 2-wks. Approved 11 Subm. of 1978-79 City Budget Hearing set for 6/13/78 11 So. Calif. RTD City Selection Comm. Mbrs: Appoint Cn. Swearingen & Mackaig Approved 11 Hang plaque in Theatre commemorating Bicentennial, artist of mural, & 76 donors Approved 11 Meeting set for 5/26 w/Downey Community Hospital Board 12 Cn. Mackaig to serve as Council rep. on Cerritos College Coordinating Council f/Arts 12 Mayor Greene suggested inviting guest speaker to 6/14 host of SE Mayor & Councilmen Group 12 Council invited to breakfast of senior citizens @ Apollo Park Neighborhood Cntr. 12 Stop work on Birchdale Ave. Approved 12 Meeting adjourned in memory of Mr. Bill 13 Watson, Pres.of Board of Realtors Meeting adjourned to 4:00 p.m., May 24, 13 1978 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 23, 1978 The City Council of the City of Downey held a regular meeting at 7:47 p.m., May 23, 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 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 William A. Goggin, 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 Edward Ullrich, Downey Moravian Church, followed by the Flag Salute led by Councilman Swearingen. PRESENTATIONS With the assistance of Mr. Spindel and Miss Public Works, Diane Leuer, Mayor Greene presented the Public Works/Engineering Employee of the Year Award to Fred Sanchez. Mr. Joe Condran of the Downey Rose Float Association, introduced Mr. Pete Palermo of the Pasadena Tornament of Roses, who presented to the City Council a framed photograph of Downey's entry in the 1978 Tournament of Roses Parade. RESOLUTION NO. 3541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING LYLE WILKINSON FOR PREPARATION OF COUNCIL CHAMBER PLAQUE The Resolution was read in its entirety. Mayor Greene then presented the Resolution to Mr. Lyle Wilkinson. HEARINGS Mayor Greene declared that this is the time and place for the public hearing on.Downey Improvement Project #698, Sites 1 - 9, North side Vista Del Rio Avenue, akes Avenue. He inquired if the City Clerk had the Affidavit of Posting , to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to receive and file the Affidavit. Mayor Greene inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mr. Spindel reported on the costs for improvements at each of the sites involved. Mayor Greene inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Council Minutes 5/23/78 -1- RESOLUTION NO, 3544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 698, SITES 1, 2, 3, 4, 5, 6, 7, 8 & 9 NORTH SIDE VISTA DEL RIO AVENUE WEST OF STOAKES AVENUE The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3544, Mayor Greene declared that this is the time and place for the public hearing on Downey Improvement Project #699 Sites.1 and 2 West side Stoakes Avenue North of Vista Del Rio Avenue. He inquired if the City Clerk had the Affidavit of Posting, to which the City Clerk responded in the affirmative, It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to receive and file the Affidavit, Mayor Greene inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mr. Spindel reported on the costs for improvements at each of the sites involved. Mayor Greene inquired if there was anyone present who wished to speak in protest to the improvements, 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. 3545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 699, SITES 1 & 2, WEST SIDE STOAKES AVENUE NORTH OF VISTA DEL RIO 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. 3545. Mayor Greene declared that this is the time and place for the public hearing on Appeal to Zone Variance #22, 9317 Florence Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mr. Goggin commented on the location of the property which, he said, is zoned R1-10000 single family residential. He mentioned there is a single family home on the property; the property measures 111 feet wide, 123 feet deep; and the request is to modify the rear yard setback area to five feet by building an addition onto the present structure, as well as construct a six foot high wall with sliding gates on the front of the property. Mr. Goggin pointed out that after hearing before the Planning Commission, the Commission denied the request for Zone Variance as not meeting the findings of the Downey Municipal Code. Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Greene inquired if there was anyone present who wished to speak in favor of the appeal. 'Mr. William S. Smolen, 8121 Florence Avenue, requested the record be corrected to show this is the appeal of Mr. Leonard J. Ivins and not Mayer Construction Corporation. Mr. Sorensen advised the letter of appeal was actually written by Mayer Con- struction Corporation, signed by Mr. Smolen, which would indicate the appeal is by Mayer Construction. Council Minutes 5/23/78 -2- 40 Mr. Smolen stated this is just a technicality, but the filing fee for the appeal was paid by Mr. Ivins. He pointed out the original Zone variance request was for two separate items, which were denied by the Planning Commission, but this appeal is only on the request for the front yard fence and not on the building addition. Mr. Smolen submitted letters from property owners in favor of this appeal, and he highlighted items A through E contained in the letter of appeal to the Council. He noted the wall would serve as a buffer against the noise of traffic on Florence Avenue. He distributed to the Council for perusal photographs of other homes in the City that have six-foot high walls built in the front yard setback. He pointed out the property is a peculiar situation in that it faces a street which has a 40 mile per hour speed limit; the improvement will be costly because of its design, which would include an electronic gate; the property will be heavily landscaped; and the wall is also needed for security purposes. Mr. Sorensen said it appears the applicant has abandoned a portion of the original request for Zone Variance, and if the Council wants to act upon the appeal it can either confirm the Planning Commission action and deny the appeal, or grant the appeal in whole or in part. Mr. Goggin requested that if the Council decides to deny the front wall, it should also deny the request for the building addition. Mrs., Ruth Beck, 9304 Otto Street, commented on a home being built next door to her residence, which she said is only four feet from the property line. She feels rules and regulations of the City should apply to all properties, She gave the address of the property next to her home as 9314 Otto Street. Mr. Thompson said staff will look into this. Mr. Walter Schmidt, 9304 Dinsdale, spoke in favor of the appeal in permitting the applicant to build the wall on the front of his property. He commented on the noise and traffic along Florence Avenue. Ms. Vartanian, 8603 Lubec, spoke in favor of the appeal and raised questions regarding the projected long-range plans for this portion of Florence Avenue. -- There being no further speakers in favor of the appeal, Mayor Greene then inquired if there was anyone present who wished to speak in opposition. There was no response. Mr. Goggin said Mr. Smolen°s comments are not valid reasons for approving the appeal. He said it is necessary for the City to maintain the rules and regulations it has and not give in to specialized requests. He read provisions contained in the code for determining special conditions exist for granting such a variance. He indicated the property owner has all the amenities of other properties in the area and does have the room and ability to build a wall on the property to meet the code requirements that would provide him with security. Speaking in rebuttal to Mr. Goggin's comments, Mr. Smolen stressed the importance for a security wall and noted that no one has spoken in opposition to the applicant's request. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to close the hearing. Mr. Goggin stated regardless of the Council's action on the appeal, the Planning Division will have to come back next meeting with a resolution for Council approval. Therefore, he said, the Council's motion tonight will be an indication to staff as to the type of resolution it should prepare. -- It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to grant the appeal for Zone Variance No. 22 to build a wall on the front portion of the property as presented and to deny the appeal relative to the rear portion of the property. A discussion was held regarding receipt of a letter from Mrs. Merritt, who is objecting only to the addition on the rear of the property and not to the proposed wall on the front of the property. Councilman Miller inquired if this exception is granted, would it open the door for all other streets in the City? Mr. Sorensen advised that an exception relates only to that particular property, and whether or not an exception has been granted in the past is of no concern. Mr. Goggin concurred, however, he pointed out that if this is granted, it can be supposed that other lots along Florence Avenue will want the same thing. Council Minutes 5/23/78 -3- Gill AYES: 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII-C-1, Cash Contract #433, and VIII-C-3, Cash Contract #415, were removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes, Regular Meeting of May 9 1978. Denial of L Geahry. Re filed withi ontract #420 and grant au Ref. #367 - Dan ,egal Claim, Ref imit prescribed inage Facilitie ty to advertise Ref. #372 - Frances Y. - Frances Gonzalez (claim not ernment Code Section 911.2). Avenue: Plans and specifica- Account #21-13944). General Warrants: #160556 - 160857; #204631 - 204678: $787,863 66. AYES: 5 Cash Contract and Cash Cont Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Theatre Rehea and Mayor Greene questioned whether requesting the bids on these projects would re- quire the City to proceed. Mr. Thompson replied no; however, these projects were submitted and approved in the budget; after the bids are received, they will be brought back to Council. Councilman Jackman suggested waiting until after the June Primary. Mr. Spindel said the projects would go out to bid immediately; however, they would not come back for award of bid until the second meeting in June. It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by unanimous vote to take Cash Contract #433 and Cash Contract #415 under submission to the next Council Meeting. ORAL COMMUNICATIONS (Items not on Agenda) Ms. Vartanian, asked Mr. Spindel if he had information concerning use of garage at 9612 Birchdale Avenue. Mr. Spindel explained he does not have an answer at this time because staff is still researching this. Mrs.. Margaret Fillet, 9904 Birchdale, commented on information she received con- cerning the garage conversion at 9612 Birchdale, including additional plumbing. She said the house has two kitchens and two families live on the property, which would make it an R-2 residence in an R-1 zone. Mrs. Fillet commented further regarding discussions she had with Mr. Spindel concerning the location of a cesspool and the parking of vehicles at the Birchdale address. Mr. Spindel explained there is a septic tank on the property which drains into a cesspool that is within the ten -foot right-of-way acquired by the City. He said the parking is still being researched. Mrs. Fillet commented regarding code requirements for parking recreational vehicles in the driveway and noted the vehicles at 9612 Birchdale would have to park in the front yard setback since there is no driveway pad at this location. Mrs., Roxie Pierce, 9811 Birchdale, said Mr. Spindel advised the cesspool is within the ten feet acquired by the City. Mr. Spindel explained the cesspool is within the ten -foot right-of-way; however, the septic tank is not. Councilman Mackaig informed the Council that he and Councilman Swearingen have visited this area on Birchdale, and he asked why a cul-de-sac was not constructed where the house protrudes out onto Birchdale. Council Minutes 5/23/78 -4- G4�L ,, Mr. Thomspon said the house and the driveway have been that way for over 20 years. He mentioned two different subdivisions were built in that area at separate times, and subsequently, the street did not line up. This, he stated, occurred prior to the City's incorporation. Mr. Thompson then said that a permit was issued by the County for closure of the garage, and what is existing now is a legal non- conforming use. So long as the present owner remains at the location, he has the right that has been granted. Councilman Mackaig asked if it is too late to build a cul-de-sac at this location. Councilman Miller explained he favored a cul-de-sac at this location because he felt it would solve a problem rather than create one. He said the Council would have to receive financial information as to what has been spent so far on the Birchdale project. 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 Mayor Greene to waive further reading. It was moved by Councilman Jackman and seconded by Councilman Swearingen to introduce the Ordinance. Councilman Miller indicated he has reservations about establishing 5 dBA's above ambient and then increasing it to 8 for air conditioning and refrigeration units. Mayor Greene concurred. A discussion was held regarding the handling of other noise complaints in the City. Mr. Thompson pointed out the complaint on the Hospital air conditioning is the only one where the County was engaged to make a test. Mr. Spindel said during the test by the County the ambient level did vary two or three decibels. Mr. Leonard Whittington, 8542 Manatee Streets spoke regarding a letter from the District Attorney's office dated May 22, 1978. Referring to comments made last meeting, wherein it was stated that an increase of 5 dBA's could not be heard by the human ear, he said on Page 6 of the U.S. Department of Commerce National Bureau of Standards Control Book it states, "plus 5 dBA's is quite noticeable, and 10 dBA's is dramatic and nearly twice or half as loud." He objected to the five-year amortization proposed in the Ordinance and made further references to the Government manual concerning use of landscaping as a noise barrier. He played a recording of noise emanating from the Hospital cooling tower. Mr. Spindel explained the Ordinance has been written so that the District Attorney will be able to prosecute violations. Councilman Miller said he would like staff to respond to the information supplied by Mr. Whittington. He and Councilman Jackman requested the Ordinance be taken under submission. Following further discussion, the Ordinance was taken under submission. ORDINANCE NO. 543 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 (RE SALE OF FIREWORKS) The Ordinance 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 the following vote to adopt Ordinance No. 543. Council Minutes 5/23/78 -5- ;',` 3 Mr. Thompson said 18 applicants have qualified for fireworks stands. Chief Wood advised that use of fireworks in City parks was excluded from the Ordinance, and he feels it should be included. Mr. Sorensen stated the Council may adopt a separate ordinance prohibiting fireworks in parks. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Mr., Sorensen was directed to preparean emergency Ordinance prohibiting use of fireworks in City parks. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING ORDINANCE NO. 533 AND CHAPTER 1D OF ARTICLE VI AND AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 1D TO ARTICLE VI ESTABLISHING A UTILITY USERS TAX AND PROVIDING FOR THE COLLECTION THEREOF, PENALTY FOR NONPAYMENT, REMEDIES AND ENFORCEMENT The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. Councilman Jackman stated he is convinced that Proposition 13 is a bad law and will create chaos in local governments and in the schools and will be challenged in the courts if it passes on June 6th. He said he would like to leave it up to the voters of the City to tell the Council what they want done. Councilman Jackman, therefore, proposed the Council do the following: Vote to institute a Utility Users Tax and increase Business License Tax in the City of Downey, to go into effect only if Proposition 13 passes in the State but does not pass in the City of Downey; in the event Proposition 13 does pass in both the State and City level, neither Tax will go into effect and the City Budget for services will be cut whatever amount is required to maintain a balanced Budget; and send a letter to each household in Downey with registered voters prior to June 6th, signed by the Council, outlining this proposal and detailing as far as possible what cuts in services the Council would recommend --the letter shall include only facts and no scare tactics. Council- man Jackman said in any way possible, he would like to be able to maintain Police and Fire protection at its present level, with the cuts made in other areas. Councilman Miller asked if this can be done after the election. Mr. Sorensen replied the provisions of Jarvis -Gann are uncertain, and he cannot respond with a definite answer. Councilman Miller does not favor imposing a Utility Users Tax on the taxpayers of the City again because he feels the citizens would end up paying double taxes; but, he also feels the State will impose new taxes to provide cities with the needed revenue. Councilman Miller then stated it is his opinion that after June 6th, the Council can take action. Mr. Sorensen mentioned he is not an authority on Jarvis -Gann, but if the Council wants to enact an ordinance to be effective in the event Proposition 13 passes, the favored course to follow would be to introduce and adopt the Ordinance before June 6th with the provision it will only become operative in the event the initiative passes. Councilman Mackaig indicated if he does vote for Councilman Jackman's proposal that the letter state only the facts and no scare tactics or threats. He said for the record that whether or not Proposition 13 passes, he, for one, will not vote for a City Budget that includes firing one sworn Police Officer or one sworn Fireman Councilman Miller also did not favor doing anything to the Police and Fire Departments, but said he would have to weigh the total benefits provided by all of the services. Mr. Thompson mentioned the City's Budget is formally on the Agenda this evening, and he noted that on March 28th he presented to the Council a preliminary report con- taining the results of studies made by the various departments as to what cuts could potentially be made. He said following that report, the departments made additional studies, and another report was submitted dated May 19th. The May 19th report was submitted to the City Clerk's office and is a document open for public review. Mr. Thompson pointed out that although it is not known what effect the Jarvis amendment will have on the City's Budget, he is fairly certain it will be at least $2.5 million and could be as high as $3.5 million. He mentioned certain operations yield revenue, Council Minutes 5/23/78 -6- and if they are cut, revenue would also be effected. Mr. Thompson commented that al- though staff was directed to cut Police and Fire operations as little as possible, 55-60 percent of the City°s General Fund is Police and Fire, and if 25 percent is to be cut out of the total Budget, it would be difficult not to cut something in Police and Fire. He said the intermediate Budget reflects approximately 10 percent in Police and 12.15 percent in Fire. Commenting further, Mr. Thompson stated revenues would still not meet current expenditures, and he would anticipate the following year there would be the need to eliminate 12 to 15 positions in addition to the 75 already recommended, if there is no replacement revenue. He outlined various cuts that have been proposed for the departments in the preliminary Budget, as well as eliminating all the Co -sponsored Groups. Mr. Thompson said staff will proceed on the policy de- cided by the Council. Councilman Swearingen feels if Proposition 13 passes there will be enough revenue generated by the reduction of taxes to be put back into the economy. Councilman Miller indicated he would like to take this Ordinance and the Ordinance relating to Business Licensing under submission until June 7th, and then have a special meeting at that time. Discussion followed. Mr. Sorensen explained that if the Council wishes to adopt the Ordinance, it may do so, and if thereafter by reason of any vote of the City, the Council may take an action to repeal the Ordinance. Mayor Greene raised questions regarding the mailer and asked how soon after the election it can be determined how the people voted in the City of Downey. Mr. Shand explained it would take approximately a week to receive that infor- mation from the Registrar of Voters office. It was moved by Councilman Jackman to introduce the Ordinance, including his notations as to whether or not the Ordinance will go into effect. Mr. Sorensen stated concern that a provision be placed into the Ordinance itself because it would then be an initiative ordinance without going through the initiative process. Mr. Jay Bressler, 8361 Charloma, favored adopting a Utility Tax in order to continue providing the citizens with needed fire protection, and that it include a provision for repeal. Mr. J. W. Lightner, 9239 Guatemala, said if Proposition 13 passes, it will be challenged in the courts, and he suggested the City take an optimistic view that it can operate as it has in the past. Mayor Greene advised there is a forum on Proposition 13 schedxled for Thursday evening, May 25th, in the Downey Theatre. Mr. John McLaughlin, 10425 Dolan Street, commented on the increased taxes and appraised value of his home. Mr. Bob Trousil, 8535 Lubec, said people in the City want the State and City to be operated more like a business. He referred to street work being done on Stewart and Gray Road where he witnessed the roller operator eating lunch while sitting on the roller. Mr. Thompson explained he has worked in private enterprise, and in all industry there is always an employee who is "goofing off." He did point out, however, there are many employees of the City who spend extra hours working for which they do not get paid. It was moved by Councilman Jackman and seconded by Mayor Greene to introduce the Ordinance. Councilman Miller feels the Telephone Users Tax should only be charged on the monthly service rate. Mr. Sorensen explained the Ordinance as presented is the same as was previously in effect. Councilman Mackaig said he would rather consider the Ordinance after the elec- tion so the voters will not consider it as a threat. Mayor Greene and Councilman Swearingen also preferred that the Ordinance be considered after the election. Council Minutes 5/23/78 -7- GG41 The Ordinance was then taken under submission. The Ordinance relating to License Fees was also taken under submission, Mayor Greene declared a recess from 10:57 p.m, to 11:05 P.M. The meeting resumed with all Council Members present. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 6272, WHICH SECTION RELATES TO BUSINESS LICENSING (WHOLESALE SALE OF FIREWORKS) The Ordinance 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 and seconded by Councilman Miller to intro- duce the Ordinance. Following a brief discussion, in Section 6272 of the Ordinance, following "($100.00)," the words "plus 50fi for each $1000 of gross receipts" was added. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance as amended. ORDINANCE NO. 544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 3349.1 TO THE DOWNEY MUNICIPAL CODE, WHICH SECTION RELATES TO USE OF FIREWORKS IN PUBLIC PLACES (EMERGENCY) The Ordinance was read in its entirety by the City Attorney. Section 1 was amended to read, "Without first receiving a permit from the Fire Chief, no person shall discharge any fireworks in any public park within the City." It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt emergency Ordinance No. 544. RESOLUTIONS RESOLUTION NO. 3546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE PORTIONS OF THE ALLEY EAST OF SMALLWOOD AVENUE BETWEEN FOURTH AND FIFTH STREET The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was noted the Resolution sets the public hearing for June 13, 1978. It was moved by Councilman Swearingen, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3546. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to reject all bids received for Cash Contract #419, Gallatin Road - East End, Storm Drain (Account #21-13943). RESOLUTION NO. 3547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING IT NECESSARY TO PERFORM CERTAIN WORK PROPOSED UNDER CASH CONTRACT NO. 419 BY CITY FORCES (GALLATIN ROAD) 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 Miller, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3547. Councilman Jackman noted this is the second time Council has authorized City forces to do the work and rejected all bids, and he requested a report on the exact cost of the work done by City forces as compared to the lowest bid. Council Minutes 5/23/78 -8- Mr,, Spindel advised as soon as the work is completed, an exact accounting will be submitted to the Council, AYES: 5 Council Members.- Jackman, Miller, Mackaig, Swearingen, Greene CASH CONTRACTS Cash Contract #412-C, Sidewalks at Various Locations Responding to questions, Mr. Spindel explained two large portions of sidewalks will be included under Cash Contract #333 for sidewalk construction on FAU routes and informal bids will be requested on others, Councilman Miller requested a report on the amount of the informal bids. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to reject all bids received on Cash Contract #412-C, Sidewalks at Various Locations, and direct the Department of Community Development to pursue alternate methods of completing this work. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to approve modification of existing policy for Sidewalk Con- struction on FAU Routes Citywide, Cash Contract #333, and authorize the Department of Community Development to proceed with Unit I of the project. Mayor Greene said since it is stated that under existing policy it would be necessary for the City to advance General Fund moneys or General Revenue Sharing Funds, he would suggest Council wait until after June 6th before budgeting this money. Mr. Spindel explained staff is recommending that FAU and Gas Tax moneys be used. He pointed out the City"s Sidewalk Matching Funds come from the General Fund or Revenue Sharing Fund, and if these funds are not available, staff will be recommending the Matching Funds program be discontinued. Mr. Spindel stated it was felt in this instance the City should use FAU funds to pay for the total cost rather than assessing the property owners for the project. He said there are 32 properties involved. AYES.- 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to accept the improvements completed in conjunction with Cash Contract #417 - Gutter Construction, 1) Cleargrove Drive between Guatemala Avenue and Horley Avenue; and 2) Sideview Drive between south of Metro Street and Cedartree Road, approve extra work in the amount of $322; and accept responsibility for maintenance thereof (Account #21-13941). Cash Contract #431, Golden Park Lighting It was moved by Mayor Greene to take Cash Contract #431 under submission. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to approve plans and specifications and authorize the Depart- ment of Community Development to advertise for bids on Cash Contract #431, Golden Park Lighting (Account #21-17120). Mayor Greene withdrew his motion, Mr. Mike Huggins, 13207 Deming, presented to the Council a petition signed by over 300 residents in the Golden Park area and requested the Council to favor the lighting at the park. He commented on efforts of property owners to improve the neighborhood and the park, and discussed a survey he conducted at the request of the Recreation & Community Services Commission, the results of which showed lighting is needed at the park, Mr. Huggins also mentioned that this was one of the priority projects listed in the approved Budget last year. AYES; 5 Council Members: Jackman, Miller Mackaig, Swearingen, Greene MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to authorize the Department of Public Works to proceed with Special Lot Cleaning at 9078 Eglise Avenue, at an estimated cost of $600. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the Utility Agreement with California Department of Transportation on Water Main Relocation - Santa Ana Freewav at Paramount Boule- vard, and authorize the Director of Public Works to execute the Agreement, Council Minutes 5/23/78 -9- Proposed Development in the Downtown Reinvestment Planning Area - Southwest Corner Third and LaReina Mr, Spindel explained that pursuant to the emergency ordinance adopted by the City Council the property owner and architect have submitted a plan to the City Planner„ who in turn will submit it to the City Council for review and recommenda- tion. He said it is recommended that the Council postpone action on this until after completion of the preliminary Redevelopment Project Plan and Downtown Reinvestment Plane Mr. Thompson noted it is anticipated this will be brought back to the Council on June 27th, Mr, Goggin stated the architect has not indicated this would be a hardship, No action was taken by the City Council,. Approval of Lease Agreements for Use of Apollo Park Neighborhood Center Mr. Neavill advised the Downey Historical Society indicated it has not had sufficient time to study the lease agreement and has requested it be deleted from this approval. He said the Historical Society is concerned regarding the liability insurance clause, It was moved by Councilman Jackman and seconded by Councilman Miller to approve Lease Agreements between the City of Downey and the American Cancer Society, Angeles Girl Scouts, American National Red Cross, Tapes for the Blind, and the Downey Art League, and authorize the Mayor to sign, (See later motion,) Councilman Mackaig questioned waiving the rent for the Downey Historical Society and Downey Art League and suggested charging a rental that would be limited to offset the cost. Mr. Neavill stated the Art League agreed to provide volunteer services with art instructors and also to hang pictures in public places. Mr. Sorensen noted the items mentioned are not stipulated in the agreement, It was then moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to approve rental in accordance with the lease submitted for items 1, 2, 3, and 4 of the May 18th memorandum (Angeles Girl Scouts, American National Red Cross, American Cancer Society, and Tapes for the Blind), and autho- rize the Mayor to sign the lease. Amendment to License Agreement between the City of Downey and Kenneth M. Cherry, Golf Pro -Manager Mr. Neavill explained Mr. Cherry is willing to delete the request for payment for the head starter of $3600 total, but noted Mr. Cherry's primary concern is the $15,000 Faithful Performance Bond, He commented that the premium for the Faithful Performance Bond would add $1200 to $1500 to the amount Mr. Cherry already pays for insurance, and Mr. Cherry and his agent feel the contract adequately covers the City with regard to his performance and also provides the necessary cancellation clause. Mr. Neavill further advised that Mr. Cherry has secured a $5,000 insurance policy naming the City as additional insured for robbery and burglary, and he is willing to sign a promissory note in the amount of $10,000 on the pro shop inven- tory. He indicated Mr. Cherry has submitted a statement of his current inventory and a statement of his current financial condition, Mr. Cherry responded to questions of the Council. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to approve amendments to the License Agreement between the City of Downey and Kenneth M. Cherry, Golf Pro -Manager, to include a substitute insurance provision in place of the Faithful Performance Bond and a $10,000 Promissory Note. Chief Martin commented on the Alarm Monitoring System offered by Protection Products, Inc. He said the operation of the new system would be the sole responsi- bility of the alarm company and users would be billed directly by the company. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve the Alarm Monitoring System. Citywide DART Program Mr. Spindel explained the results of tests in control areas reveal that in some areas there is as much as 56 percent participation in the DART Program. However, he Council Minutes 5/23/78 -10m Gc)48 pointed out that because of the price for recycling materials, the contractor has been operating at a loss, Also, it appears there is better participation to pickups made by City employees, Mr. Spindel stated of the four recommendations made by staff„ the Health & Environmental Sanitation Committee selected Alternate B, establishing a Citywide CETA collection program from October 1, 1978 to September 30, 1979, which would be of no cost to the City. He commented on the possibility that under SE, 650, moneys might be available in the future to fund recycling programs, Mr. Spindel said with the problems of land fill capacity, energy, and raw materials„ staff and the Committee feel this is a worthwhile project and should be continued, Councilman Swearingen inquired if it would be feasible to have pickup every other week, Mr. Spindel replied an every other week pickup creates confusion as to the dates for collection, Councilman Mackaig informed the Council that he has discussed this with the contractor, and the contractor prefers recommendation "D", which would extend the present program with the contractor picking up DART material every two weeks until September 30, 1978, He said the contractor will furnish labels at no cost to the City for all DART containers, as well as advertising, Councilman Mackaig did not favor recommendation "A", Mr. Spindel explained September 30, 1978, is the date in the rubbish contract for review of the rates, and at that time, Council must make the determination whether to continue to follow the formula or place the contract out for competitive bid, Councilman Mackaig is not in favor of using CETA employees for the DART pickup, Councilman Jackman preferred recommendation 0°D", extending the date one year. He also inquired if there is anything to prevent the Council from adopting an ordinance requiring people to separate their trash, Mr. Spindel replied no, however, it would be difficult to enforce. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to extend the DART Program one year to June 30, 1979, with the contractor picking up DART material every two weeks. Submission of the 1978-79 Municipal Budget, A hearing was set for 7:30 p.m., June 13, 1978, in the Council Chamber of the Downey City Hall, Southern California Rapid Transit District City Selection Committee Members Mr, Thompson explained that under State law, there are two City Selection Committees: One is the Southern California Rapid Transit District, and the other is LAFCO. He said on the RTD Selection Committee, former Council Members Scotto and Jennings are currently the appointee and alternate. It was noted the next meeting of RTD is June lst at 8:00 p.m. It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by the following vote to appoint Councilman Swearingen as delegate and Councilman Mackaig as alternate to the Southern California Rapid Transit District City Selection Committee, AYES, 3 Council Members; Jackman, Miller, Greene NOES: 2 Council Members: Mackaig, Swearingen CITY MANAGER'S REPORT - None, STAFF REPORTS Commenting in response to remarks of a previous speaker concerning the Ci as Paving Crew, Mr, Spindel advised that the roller operator does not take a lunch hour --he eats when he can, ORAL COMMUNICATIONS Councilman Mackaig outlined the request of the Bicentennial Commission to hang on the wall of the Downey Theatre, under the mural, a plaque 20 by 30 inches, commemorating the Bicentennial„ the artist of the mural, and the 76 donors who made the mural possible, Council Minutes 5/23/78 -11- It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the follcwing vote to approve hanging a plaque in the Downey Theatre as requested. Mro Thompson advised that the Recreation & Community Services Commission and Second Century Foundation discussed placing the name of the artist under the mural and providing an area somewhere else in the Theatre for placing the names of those people and groups who contributed to the Bicentennial, Mr. Mike Huggins, speaking on behalf of the Recreation & Community Services Commission, reviewed the recommendations of the Commission concerning Bicentennial plaques in the Theatre. He said the Commission did not favor placing the names of the donors of medallions in the Theatre because they were receiving something in return for their purchase;; also, it was felt they were investing in the medallion but not contributing to the overall beautification of the Theatre. He pointed out that a :Lot of people and organizations put effort into the Bicentennial program, and they also have a right to hang a plaque. He concluded that the Commission is against hanging a plaque unless there is a specific policy outlined by the City Council establishing procedures to be used, Councilman Miller concurred with Mr. Huggins that many people contributed their time and effort to the Bicentennial, and he indicated this would be setting a precedent, Mayor Greene said he has no objection to placing the plaque on the side or in front of the Theatre, but not in the lobby, Discussion followed. AYES, 3 Council Members. Jackman, Mackaig, Swearingen NOES. 2 Council Members, Miller, Greene Mayor Greene said he would like to set another meeting between the Council and the Downey Community Hospital Board to discuss unfinished business on the Hospital Budget for 1978-79, Councilman Miller indicated he would like to reject the proposed increases until such time as it is determined what information the Council should or should not receive, Mr„ Thompson advised that the Hospital Lease Agreement specifically states the Council must approve the Budget within 30 days after it is received. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to disapprove the Hospital rate increase. It was moved by Councilman Jackman and so ordered that the Hospital furnish the Council with information concerning a breakdown of the administration item con- tained in the Hospital Budget, Councilman Miller suggested the City°s Finance staff study the Hospital Budget and bring a recommendation back to the Council. He said this would be an authoriza- tion for staff to go in and examine the Budget, ask additional questions if necessary, and then bring information back to the Council. The other Council Members did not concur. The Council then tentatively set 7;,30 a.m., May 26, 1978, in the Council Chamber of the Downey City Hall, for a meeting with the Downey Community Hospital Board,, Councilman Mackaig volunteered to serve as the Council representative on the Cerritos College Coordinating Council for the Arts, Mayor Greene suggested the Council invite a guest speaker on June 14th to the City°s host of the Southeast Mayors' and Councilmen's Group, Mrs. Signe van Hoeven, 8533 East Donovan Street, Downey, expressed thanks to the City Council and the Parks & Recreation Department for their assistance to the Downey senior citizens, She commented on fundraising efforts of the senior citizens and invited the Council to attend a breakfast at Apollo Park Neighborhood Center on June 10tho It was moved by Councilman Mackaig to approve construction of a cul-de-sac on Birchdale Avenue, Council Minutes 5/23/78 -12- Councilman Miller made an amended motion to stop the work on Birchdale Avenue, Mr, Sorensen suggested the area be barricaded so it is safe. Mr. Spindel explained part of the contract includes a wrought iron fence® the fence has been ordered, and the work is being fabricated at a cost of $900. The amended motion was seconded by Councilman Mackaig and passed by the following vote AYES- 3 Council Members Miller, Mackaig, Swearingen MOESg 2 Council Members, Jackman, Greene Councilman Miller said he would like a report back on the cost to create a cul-de-sac on Birchdale, At 12.42 p.m., the Council Meeting was adjourned in memory of Mr. Bill Watson, President of the Board of Realtors. The meeting was also adjourned to 4a00 p.m., May 24 1978, in the Council Chamber of the Downey City Halle Robert L. Shanity Clerk -Treasurer 6-- . William L. Greene, Mayor Council Minutes 5/23/78 -13-