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HomeMy WebLinkAboutMinutes-07-25-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 25, 1978 T A B L E O F M I N U T E - A -CT -ION S SUBJECT: Presentations to Margo Hoffer & LeRoy Rodenberg Public hearing on formation of Lighting Maintenance District under provisions of Lighting & Landscaping Act of 1972 Safety Lighting for fiscal year 1978-79 be paid out of General Fund & deleted from proposed assessment dist „ & Engineer's Report modified accordingly Resolution #3579, Overruling All Protests re Forming Assmt. Dist. AD 121 & Delete Safety Lighting Requirement Engineer's Report on AD 121, as modified Resolution #3580, Ordering Formation of Ltg. Maint. Dist. AD 121 & Confirming Assmts, as amended Public hearing on abandonment of Assmt. Dist, for 1919 Act Motion to not abandon Assmte Dist. for 1919 Act Motion that required amount for maintenance & electricity to provide mid -block street lights in 105 Freeway Corridor be taken out of Mid - block City Lighting ASsmt. Dist., & every effort made to collect money from Caltransg if not collected, it should then be paid out of General Fund Assessments for Lot Cleaning for Past 1977-78 Fiscal Year Public hearing on Granting Franchise to SOHIO Transportation Co. of Calif, Public hearing on Adoption of 1976 Edition of Uniform Fire Code Removal of Items from Consent Calendar Minutes° Adja Reg. Meetings 11/28/77; 12/8/77„ & 12/19/77 Correspondence from Commerce supporting AS 2371 & SB 428 re Obscenity Correspondence from Burbank re Amount of Membership Assessment in SCAG Denial. of Legal Claim° Ref. #384 General Warrants: #162053 - 162291 #204823 - 204862 Downey Private Contract #109, Seaaca Ste E/o Pangborn Ave..- Accept dedication & imprvmts. L.A. County Solid Waste Managemt, Comm.: Take position in favor of retaining present plan of representation Minutes.- Regular Meeting 7/11/78: Cn. Miller req. remarks concerning safety lighting be entered into Minutes ACTION° 1 Closed Approved Adopted Approved Adopted Closed Approved Approved Affirmed Continued to August 8, 1978 PAGE NO. Closed; taken under submission Approved Filed Filed Approved Approved Approved Approved So ordered 1, 3 4 4 4 4 4, 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 Page 1 of 2 COUNCIL MINUTES, JULY 25, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT° Citizen request for Council consideration re Dog License Fee Citizen request for City to continue printing Senior Citizen Club Newsette Minutes, Regular Meeting 7/11/78 Ordinance #551, Amending DMC re Noise Ordinance #552, Amending DMC re Permit Fees Resolution #3561, Declaring Int. to Establish Underground Utile Dist, on Fifth St, bete Brookshire & Downey (Dist. #10) Resolution #3582, Reg. Allocation of County Aid to Cities Funds for Maintenance of Select System Streets Resolution #3583, Urging PUC Approval on Point Conception LNG Terminal Site ACTION: To be placed on next Agenda City to attempt to obtain volunteers to do work Approved as amended Adopted Adopted Adopted Adopted Adopted SoSe Proje #328, Fifth Street Widening, Downey to Brookshire, R/W Acquis, #4366: Authorize removal of property from action of Eminent Domain & approve acquisition by negotiation (A/C #26-1-6191) Approved Special Lot Cleaning on Property at 7235 Rio Flora Pl.- Auth, Dept, Public Works to do work at estimated cost of $500 Hearing on adoption of Ordinance re Control of Adult Businesses Hearing on Appeal, ZV #29, 7944-46 Third St. Request of Caltrans to close 1-105 Freeway Downey Field Office, w/condition office be reopened when injunction is lifted & property acquisition is started again Appointment of Mr. Leslie R. Keays to Civil Defense & Disaster Council Discussion re rental fees for use of Downey Community Theatre Meeting adjourned to 7.00 p.m., August 1, 1978, in Downey Community Theatre, for joint meeting with Community Development Comma Approved Set for August 8, 1978 Set for August 8, 1978 Approved Approved Rec. & Comm, Services Comm, to make recommendation to Council PAGE NO, 7 7 7 7 8 8 8 8 9 9 9 9 9 9 9 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 25, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 25, 1978, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding, PRESENT, Council Members: Theodore H. Jackman Kenneth Jo Miller Mayor Pro Tem Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor ALSO PRESENT: Charles W. Thompson, City Manager Carl K. Newton, Acting City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Charles Go Eccleston, Traffic Engineer Thomas Tincher, Housing & Human Services Coordinator Robert L. Shand, City Clerk -Treasurer Jeanne Cook, Deputy City Clerk -Treasurer The Invocation was delivered by Reverend Michael E. Winstead, Downey United Methodist Church, followed by the Flag Salute led by Councilman Swearingen. PRESENTATIONS Councilman Miller presented a plague to Mrs, Margo Hoffer in recognition for her service on the Personnel Advisory Board from July 3, 1974, to June 30, 1978, Councilman Jackman presented a plague to Mr. Lem Rodenberg in recognition for his service on the Personnel Advisory Board from October 26, 1971, to June 30, 1978, HRARTNGS Mayor Greene declared that this is the time and place for the hearing to deter- mine whether the public convenience and necessity require the formation of a Lighting Maintenance District under and pursuant to the provisions of the Lighting and Landscaping Act of 1972. Due to the number of people present, at 7:50 p.m. Mayor Greene recessed the meeting to the Downey Community Theatre. At 8030 p.m. the meeting resumed in the Theatre with all Council Members present. Mr, Spindel explained there are no new lights contemplated at this time and noted the Notices of Improvement were posted as required by law, which merely involve the method of financing the street lights already installed. He referred to charts on City-wide safety lights and mid -block lights and discussed the proposed method for financing these systems. During his presentation, Mr. Spindel pointed out that almost all of the street lights are owned by Southern California Edison Company, and if these lights were turned out, the City would still have to pay Edison 68 percent of the rate. He noted the assessments would be levied on a benefit basis rather than through an Ad Valorem Tax. Mr. Spindel commented on the suggested breakdown of rates proposed and responded to questions of people in the audience regarding the assessments on resi- dential property, Mrs, Lawrence E. Walsh raised a question regarding the hearing procedure, Mr. Lloyd Hodge, 9144 Angell Street, inquired regarding the assessment for lights in the 105 Freeway corridor and discussed street sweeping in his neighborhood, Mr, James Me Anderson, 9583 Gallatin Road, stated his protest to the required method for advertising the hearing but favored the method of financing the lights, Mr., Lawrence E. Walsh, property owner at 10420 Downey Avenue, protested the street 'lighting reorganization assessment district and read a prepared statement of his objection, a copy of which is on file in the office of the City Clerk, Council Minutes 7/25/78 -1- - Mrs. James Earl Cristo, State Vice -Chairman of the United Organization of Tax- 16 payers, said the action proposed by the Council would be a shift of taxes and would circumvent the intent of Proposition 13. He urged a no vote of the City Council on this matter. Councilman Miller pointed out he does not have street lights and does not feel he should have to pay for other people's lights; however, he questioned whether a better method is available for the needed financing. Mr. Cristo concluded that Proposition 13 mandates this matter be put to the vote of the people affected, Mr. Walter O'Connell, 9254 Birdvale Drive, cited sections of Resolution No. 3575 requiring the City to maintain landscaping and street lighting. He read his letter of protest, a copy of which is on file in the office of the City Clerk. Mr. Larry Hoag, 7730 4th Place, discussed the requirement that all protests must be in writing. He then read his letter of protest, which is on file in the City Clerk's office. Mr. Darrell Hoffman, 9436 Stoakes, feels citizens should pay for benefits re- ceived. He said he receives no benefit from safety lights. Mr. Carl Rummell, 12714 LaReina, said he feels citizens are being fed "scare tactics" and suggested the assessment not be passed until it is known exactly what is needed. Mr. Charles Acuff, 7860 Lyndora, raised questions regarding the difference in amount for residential mid -block lights as compared to safety lights. Mr. Spindel pointed out there are more mid -block lights in the City, and they are spaced closer together. He indicated that any assessments for lighting cannot be used for any other operation of the City, Mr. William Zacker, 9602 Julius Avenue, read a prepared statement in protest to the Citywide lighting district. A copy of his letter is on file in the office of the City Clerk. Mr. Howard Pooley, 10309 South Hasty, and owner of apartments at 7365 Emily Lane, also read his written protest, which is on file in the City Clerk's office. Mr. Buckner, 7264 Rio Flora, raised questions regarding the City's contractual relationship with Southern California Edison Company and the financial responsibility if the lights were removed. Mr. Spindel explained the cost would continue, and he noted the rates are established by the Public Utilities Commission. Mr. David Chandler, 9754 Bellder Drive, said the proposal is in direct contra- diction to the intent of Proposition 13, and he feels facts should be presented to show the citizens more funds are needed for the City's operation, Mr. John Barr, 9408 Samoline Avenue, said the safety lights were put in by the City and the City should pay for them. He favored putting this to a vote of the people. Mr. Carl Warren raised questions regarding the sewer service charge and the pro- posed lighting assessment, Mr. Walter O'Connell objected to a charge for sewer lines because he said this is City property. He complained about the trees in the parkways interferring with power lines. Mr. Henry DeKuyper, 7625 Sarabeth Street, discussed property taxes and agreed with the lighting system. He said those who benefit should pay their fair share. Mr. Mike Manicone, 10400 Gaybrook, favored separating the lighting systems. He inquired regarding the legal basis for the City to pay for the lights out of the General Fund. He said he does not want his lights turned off, Mr. Newton replied it is believed that proposed payment of lighting assessments for special areas not of general application to the City would be subject to success- ful attack in Court because it would be a tax upon the general taxpayers utilized by a limited segment of the City. (name inaudible) said she owns industrial property in the City and commented on what it would cost her for lighting if the proposal is approved. She requested the citizens be allowed to vote on this issue. Council Minutes 7/25/78 -2- Ms. Peggy Madsen, 7736 Otto, stated her complaint regarding the dog license fee'- A.f and the proposed method of assessing for street lights, Mr. Ernest Jennings, 7523 East Cord, cited complaints regarding the services rendered by the City's Water Department. Mr. Fred Stokoe, 9804 Brookshire, suggested the Council consider safety lights as a separate matter from the other lights and also make known to the public what cutbacks it has made since Proposition 13. Ms. Vartanian, 8603 Lubec, raised questions regarding the proposed rate for street lights and objected to the way this is being proposed. She submitted her written protest and that of Mr. and Mrs. Fillet, Ms. Louise Mater, 9003 Cord, favored street lights in the City and inquired what the State's surplus funds would be used for. Mr. Thompson replied State law prescribes the funds must first be utilized for Police and Fire and public safety. Mr. Joe Glenn, 9018 Birchleaf, said he read in the paper that Norwalk's lighting costs are paid directly out of its General Fund, Mr.. Thompson explained all of Norwalk's arterial streets are fully lighted, and every City has its priority. He pointed out that the Cities surrounding Downey are contract cities. Mr. Dan Santa Cruz, 9238 Paramount Boulevard, said his street has both safety and mid -block lights, which he pays for. An unannounced speaker cited his complaint regarding the dog license fee. Mr. Zacker made inquiries regarding cutbacks of the City as a result of Proposition 13. A lady in the audience inquired regarding the State tax on her telephone bill. Mr. Thompson explained the Legislature mandated several years ago that every City throughout the State would have a 911 emergency system, and the State tax is to cover this system, which should be implemented in 1981 or 1982. Mayor Greene inquired if the City Clerk had the Affidavits of Publication, Post- ing, and Mailing, 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. Mr. Shand replied written protests have been received during the past week and during the meeting. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to close the hearing. Councilman Jackman indicated he will be making a motion that the safety lighting be continued for this year out of General Funds. The mid -block lights were installed by request of the property owners and approved by the City Council, and he feels the property owners should continue to pay for them. He would be agreeable to a motion that the mid -block lights be paid for by the method recommended. Councilman Miller said he has expressed prior concern regarding safety lighting being placed in a special assessment, and he feels possibly the City may receive addi- tional funds from unsecured property taxes. He concurred with Councilman Jackman regarding the safety lights and said he feels the mid -block lights should be paid for by those who benefit from them, Councilman Miller noted the assessments received for the lighting will be placed into a fund, accounted for, and any surplus will be credited next year. He favored a provision for refund to senior citizens who would experience an increase as a result of the assessment. He commented on the tax rate for services in the City of Norwalk, the total of which he said is higher than the City of Downey. Councilman Mackaig still favors Proposition 13, he still feels there is "fat" in the City's budget, and he will not vote to take safety lighting out of the General Fund. He suggested the Council consider removing mid -block lights because in the near future utility rates could be prohibitive. Council Minutes 7/25/78 -3- Councilman Swearingen stated he voted for and still favors Prop osition 13, and he does not favor an extra assessment for lighting, Mayor Greene concurred with Councilman Jackman regarding the safety lights. Roll call vote on motion to close the hearing: AYES. 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote that the safety lighting at the cost of $162,000 estimated by staff be paid for the fiscal year 1978-79 out of the General Fund of the Downey City Budget --- and deleted from the proposed assessment district, and that the Engineer's Report be modified accordingly. Mr. Newton advised if the Council wishes to proceed with the proposed assessment district, it should consider the resolutions prepared with the understanding they have been modified deleting the safety lighting. RESOLUTION NO. 3579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OVERRULING ALL PROTESTS RELATIVE TO FORMING ASSESSMENT DISTRICT AD 121 AND DELETE SAFETY LIGHTING REQUIREMENT 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 Miller, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3579. AYES: 3 Council Members: Jackman, Miller, Greene NOES: 2 Council Members: Mackaig, Swearingen It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by unanimous vote to approve the Engineer's Report as modified. RESOLUTION NO. 3580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE FORMATION OF LIGHTING MAINTENANCE DISTRICT AD 121 AND CONFIRMING THE ASSESSMENT AS AMENDED 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 the following vote to adopt Resolution No. 3580. AYES: 3 Council Members: Jackman, Miller, Greene NOES: 2 Council Members: Mackaig, Swearingen Mayor Greene declared that this is the time and place for the public hearing on Abandonment of the Assessment District for the 1919 Act. He inquired if the City Clerk had the Affidavits of Posting, Mailing, and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to receive and file the Affidavits, A discussion was held regarding taking this matter under submission. AYES: 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene Mayor Greene inquired if the City Clerk had received any written protests or objections against the abandonment, Mr. Shand replied no; the protests received were in relation to the formation of the Citywide lighting district. Mr. Newton outlined the procedure Council may take if it is Council's intention not to abandon the lighting district. It was moved by Councilman Jackman to close the hearing. Mayor Greene inquired if there was anyone present who wished to speak in protest to this matter. Council Minutes 7/25/78 -4- Mr.. Zacker requested the record reflect he did object in writing to Resolution No. 3572. An anonymous speaker inquired regarding the payment for mid -block lights in front of vacant property in the 105 Freeway corridor. She said the State has taken the posi- tion that the street lights are on City property. Mr.. Spindel said a bill has been sent to Caltrans, but payment has not been received. Councilman Miller inquired if the Freeway lights are included in this proposal, and Mr. Spindel replied yes, Councilman Miller feels people with mid -block lights should not have to pay for the Freeway lights in front of vacant property, and the amount should be credited to the State. Mr. Rod Stewart, 10733 Western Avenue, inquired about the Council's vote to approve the Citywide district against the will of the people present. Councilman Miller commented the safety lighting program in the City was a decision of the City Council, and he feels this should be paid for out of the General Fund. He also feels the safety lights provide value and benefit to the citizens; however, mid - block lights were put in at the request of property owners, and they should continue to pay for them. Anonymous speakers voiced opposition to the Council's vote on formation of the Citywide lighting district. Mrs. Fillet raised further questions regarding the payment for lights in the Freeway corridor owned by Caltrans. She requested an action of the Council be taken on this issue. The motion to close the hearing was seconded by Councilman Swearingen and passed by unanimous vote. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to not abandon the Assessment District for the 1919 Act. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote that whatever the amount required for maintenance and electricity to provide for the mid -block street lights in the 105 Freeway Corridor be taken out of the Mid -block City Lighting Assessment District, and every effort made to collect that money from Caltrans; if not collected, it should then be paid out of the General Fund. Mayor Greene declared a recess from 11:35 p.m. to 11:45 p.m. The meeting resumed with all Council Members present. Mayor Greene declared that this is the time and place for the public hearing on Lot Cleaning Program for Past 1977-78 Fiscal Year. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mayor Greene inquired if the City Clerk had received any written protests, and the City Clerk replied he had not. Mayor Greene then inquired if there was anyone present who wished to speak in protest to the Lot Cleaning Program, and there was no response. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to affirm the Lot Cleaning Assessments on property which has been cleaned during the previous fiscal year, Mayor Greene declared that this is the time and place for the public hearing on Granting Franchise to SOHIO Transportation Company of California. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered 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, Council Minutes 7/25/78 -5- Mayor Greene inquired if there was anyone present who wished to speak in protest to granting the franchise, and there was no response. Mr. Newton advised there has been a recommended change in the Ordinance, which will not be submitted until the next Council Meeting, It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to continue the hearing to 7:30 p.m., August 8, 1978, in the Council Chamber of the Downey City Hall, Mayor Greene declared that this is the time and place for the public hearing on Adoption of 1976 Edition of the Uniform Fire Code. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller and seconded by Councilman Jackman 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, Mayor Greene inquired if there was anyone present who wished to speak in opposi- tion to adoption of the 1976 Uniform Fire Code, and there was no response. Councilman Swearingen requested the ordinance be submitted to the Building Appeals Board for recommendation. Mr. Thompson noted questions were raised regarding Section 3314 on Page 5 of the ordinance, concerning the fire sprinkler systems. He said it is staff°s intent to bring back an amendment to have this removed. Chief Davis explained it was the City Attorney°s opinion the Council could adopt the Ordinance at this time and then it could be amended. He pointed out it was not staff°s intent to include apartment houses under Section 3314. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to close the hearing. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to refer the Ordinance to the Building Appeals Board, The motion and second were withdrawn. The Ordinance was then taken under submis- sion to the next meeting. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of Regular Meeting of July 11, 1978, was removed from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Adjourned Regular Meetings of November 28, 1977, December 8, 1977, and December 19, 1977. Correspondence from City of Commerce supporting and endorsing Assembly Bill No. 2371. ODnosinc Obscenitv. and Senate Bill No, 428, Defining Obscenity. Correspondence from City of Burbank protesting amount of Membership Assessment in SCAG. Denial of Legal Claim, Ref. #384, Gary L. Steffey. General Warrants: #162053 - 162291; #204823 - 204862: $524,926.89. Downey Private Contract #109 Seaaca Street east of Pangborn Avenue: Accept dedication and improvements completed. Los Angeles County Solid Waste Management Committee: Take position in favor of retaining present plan of representation. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Councilman Miller inquired if it is proper for new Council Members to approve Minutes of Meetings that took place prior to their election to the Council. Council Minutes 7/25/78 -6- Mr. Newton responded the existing City Council acts on all Minutes placed before it for approval. Speaking to the Minutes of the Regular Meeting of July 11, 1978, Councilman Miller requested his remarks concerning safety lighting be entered into these Minutes. It was so ordered by the Mayor. ORAL COMMUNICATIONS (Items not on Agenda) An anonymous speaker requested the Council grant a hearing on the Dog License Fee for the next Council Meeting and a provision made regarding the delinquency date of the license fee. He questioned the constitutionality of the fee increase. Mr. Thompson said any changes in the fee would require a change in the ordinance and a budget amendment to reflect the effect of this on the payment to the Animal Control. He said he submitted a report to the Council concerning a 25 percent re- duction in the current fees, noting it would reduce the amount of revenue by approximately $39,000, and that deficit would have to be made up by a General Fund subsidy. He commented on what it would cost the City to make refunds to people who have already paid their fee. Councilman Miller suggested a report back from the City Attorney and that this be placed on the Agenda for the next Council Meeting. Councilman Swearingen concurred. Mr. Newton explained the constitutionality of charging a fee for maintaining a dog has been well established. Mayor Greene indicated this will be placed on the next Agenda. Ms. Ella Mae Fallon discussed a previous request for the City to continue printing the Senior Citizen Recreation Club Newsette. She again requested the Department of Park & Recreation's help, and she noted the Newsette should be ready for mailing on August lst. Mr. Neavill explained the policy in practice now is if an organization can pro- vide volunteer labor, machines are available for this, and staff would provide the training for the volunteers. Ms. Fallon insisted it is difficult for seniors with various health problems to work as volunteers on this. Councilman Miller inquired about training current senior citizen volunteers to do this work. Mr. Neavill noted other senior citizen groups have fund-raising events. He mentioned the Newsette costs approximately $1,000 and added to the services of reproducing bulletins and newsletters for other organizations totals about $5,000 a year. Mayor Greene asked Ms. Fallon to keep in touch with Mr. Neavill and assured her that attempts will be made to obtain volunteers to work on the Newsette. There being no objections, the Mayor so ordered that the Minutes of the Regular Council Meeting of July 11, 1978, be approved as amended. Mr. Whittington, 8542 Manatee Street, feels the County and City officials have not listened to the voters on Proposition 13. ORDINANCES ORDINANCE NO. 551 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, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No. 551. AYES: 3 Council Members- Jackman, Mackaig, Swearingen NOES; 2 Council Members: Miller, Greene Council Minutes 7/25/78 -7- ORDINANCE NO. 552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8209, 8210, 8211, 8213, 8408, 8502 AND 8705 OF THE DOWNEY MUNICIPAL CODE WHICH SECTIONS RELATE TO PERMIT FEES 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 Miller, seconded by Councilman Jackman, and passed by the following vote to adopt Ordinance No, 552. Councilman Swearingen requested the Ordinance be referred to the Building Appeals Board for more information. He said he does not know how this compares to other cities. Mr. Thompson stated many cities are in the process of making increases in build- ing permit fees to attempt to offset costs of building inspections. Mr. Stup advised a comparison was made with many other areas, and the new fees are in line with the County. The new Ordinance will also provide for more efficiency by the City. He said in his discussion with members of the Building Appeals Board regarding the Board's purpose, none of the members voiced any comment against the proposed Ordinance. He also indicated he had met with various individuals and groups to discuss the Ordinance, and no objections were stated. Mr. Newton explained the Building Appeals Board is a technical review agency. Councilman Mackaig stated he received questions concerning the residential drive- way apron inspection fee of $15. Mr. Spindel replied this is being reviewed, and if there are any inequities in the fee it will be brought back to the Council, Councilman Miller suggested that when the Council Members receive complaints they should write a letter so the other members are also aware of the complaint. AYES. 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene RESOLUTIONS RESOLUTION NO. 3581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT ALONG FIFTH STREET BETWEEN BROOKSHIRE AVENUE AND DOWNEY AVENUE AND CAUSING ALL SPECIFIED UTILITIES THEREIN TO BE RELOCATED UNDERGROUND (DISTRICT N0, 10) The Resolution 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, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3581, RESOLUTION NO. 3582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 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. 3582. RESOLUTION NO. 3583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING PUBLIC UTILITIES COMMISSION APPROVAL OF THE POINT CONCEPTION LNG TERMINAL SITE The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. Council Minutes 7/25/78 -8- It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to adopt Resolution No. 3583. Mayor Greene indicated he does not feel he can vote on this. Councilman Miller concurred and suggested the Council consider rescinding its motion to adopt. The other Council Members did not concur. AYES: 3 Council Members: Jackman, Mackaig, Swearingen ABSTAIN: 2 Council Members: Miller, Greene CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the removal of property from action in Eminent Domain on S.S. Project #328, Fifth Street Widening, Downey to Brookshire - Right -of -Way Acquisition 4366, and approve for acquisition by negotiation (Account #26-1-6191). MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the Department of Public Works to do Special Lot Clean- ing on Property at 7235 Rio Flora Place at an estimated cost of $500. It was so ordered by the Mayor that a hearing on Adoption of an Ordinance relative to the Control of Adult Businesses be set for 7:30 p.m., August 8, 1978, in the Council Chamber of the Downey City Hall. It was moved by Councilman Miller, seconded by Mayor Greene, and so ordered to set a hearing on Appeal„ Zone Variance No. 29, 7944-46 Third Street, for 7:30 p.m., August 8, 1978, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the request from CALTRANS to close the I-105 Freeway Downey Field Office, with the condition that the office be reopened at such time as the injunction is lifted and property acquisition is started again. It was so ordered by the Mayor to approve the Appointment of Mr. Leslie R. Keays to the Civil Defense & Disaster Council. CITY MANAGER'S REPORT Mr. Thompson said he will prepare answers as requested concerning the Animal Control Fees for Fiscal Year 1978-79. This will be placed on the Agenda for the next Council Meeting. LONi'" Councilman Swearingen commented on a request from Mrs. Opal Henn regarding Use of the Downey Theatre for the Downey Rose Float Pageants. Mr. Thompson indicated this should be a matter of Council policy because the Budget was set up to provide for charging for use of the Theatre. He said it is his understanding the Theatre is to be on a paying basis, but it would be up to the Council if it wishes to make an exception. Councilman Mackaig inquired about the rental fee for the Theatre. Mr. Neavill replied the Recreation & Community Services Commission will be making recommendations to the Council regarding a revised general rate for the Theatre --the present commercial rate is $750 and non-commercial is $500. At 12:50 a.m., the meeting was adjourned to 7:00 p.m., August 1, 1978, in the Downey Community Theatre, for joint meeting with the Community Development Commission. Robert L. Shand, City Clerk- reasurer L. William L. Greene, Mayor Council Minutes 7/25/78 -9-