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HomeMy WebLinkAboutMinutes-08-08-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 8, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Special commendation to Mr. Joseph Heath Ordinance adding Sections to DMC re Regulating & Controlling Adult Businesses Introduced Appeal, Zone Variance #29, 7944-46 Third St. Denied Ordinance granting Franchise to SOHIO Transportation Co. of Calif. Introduced Removal of Items from Consent Calendar Correspondence from Mobil Oil Corp. re Extension of Franchise Filed Denial of Legal Claims: Ref. #383, #387, #388, & #389 Approved SS Proj. #327, Slurry Seal for Fiscal Year 1977-78: Accept improvements Approved General Warrants #162292 - 162547 #204863 - 204916 Approved Acceptance of various road improvements for maintenance: Nada St. W/o Powering Rd.; Pangborn Ave. S/o Washburn Rd.: & Seaaca St. E/o Pangborn Ave. Approved CC #434, Sidewalk Const. S/s Florence Ave. from Hopeland Ave. to Rives Ave. & easterly from Lesterford Ave. Taken under submission Minutes, Regular Meeting July 25, 1978 Approved Discussion re Management Retreat Discussion re 105 Freeway Hotline Reduce Dog License fee by 25 percent & mail Approved; staff to bring back refunds to license owners statistics next meeting Ordinance #553, Approving & Adopting a Redevelopment Plan for Downey Redevelopment Project Area as Official Plan Adopted Ordinance #554, Repealing & Adding Sections to DMC adopting Uniform Fire Code, 1976 Edition Adopted Ordinance #555, Amending Zoning Map adopted by DMC (Zone Change Case #129) Adopted Ordinance #556, Amending Zoning Map adopted by DMC (Zone Change Case #130) Adopted Resolution #3584, Accepting offer of dedication as public road, certain one foot wide future street lying sly. of Washburn & designated as Pangborn Ave. Adopted Resolutions re Charter Amendments To be placed on next Agenda Transfer of funds for misc. concrete work & drainage imprvmts. at Apollo & Rio San Gabriel Parks & fabrication & installation of Wilderness Park sign Approved PAGE NO. 1 1 2 2 3 3 3 3 3 3 3 3 4 4 6 6 6 7 7 7 7 8 Page 1 of 1 COUNCIL MINUTES, AUGUST 8, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Downey Theatre Operating Policy: Accept Alternate One & direct staff to organize a non-profit Theatre management corp. ASAP to be brought back for approval, so Theatre can be placed on paying basis Interim rental schedule for Downey Theatre for next fiscal year ACTION: Approved Approved Grant permission to Downey Rose Float Assn. to use City Yard to construct Rose Float, subject to Assn.. supplying liability insurance naming City as additional insured Approved Appointment of Mr. Ned Young to Civil Defense & Disaster Council Authorization to pay Downey Dodge, Inc. for Extraordinary Police Vehicle Maintenance Hearing on Zone Change Case #131, 8117-19 Orange Street Authorize staff to issue permit to park not more than 32 vehicles on Heliport site @ $10 per space per month on condition insurance be provided & any other conditions necessary Discussion re Downey City Management Club and Management Retreat Mayor Greene to be on vacation next meeting Approved Referred to City Attorney for report back August 22, 1978 Set for August 22, 1978 Approved To be placed on next Agenda PAGE NO. 10 10 10 10 11 11 11 12 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 8, 1978 The City Council of the City of Downey held a regular meeting at 7.30 p.m., August 8, 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- 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 Don Davis, Fire Chief Howard Stup, Building Official Harald J. Henriksen, City Engineer Francis E. Carter, Assistant City Planner Thomas Tincher, Housing & Human Services Coordinator Terence Middlebrooke, Manager of Revenue John H. Saunders, Assistant to City Manager James Funk, Principal Planner Russ K. Reynolds, Manager of Procurement Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Donald E. Kanaley, First Baptist Church of Downey, followed by the Flag Salute led by Councilman Jackman. PRESENTATIONS Mayor Greene presented a special commendation to Mr. Joseph Heath for saving the life of a three year old girl who had fallen into a swimming pool, HEARINGS Mayor Greene declared that this is the time and place for the public hearing on proposed Ordinance Regulating and Controlling Adult Businesses, He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Greene then asked if there was anyone present who wished to speak in favor or in opposition to the Ordinance, and there was no response. It was moved by Councilman Miller and seconded by Councilman Jackman to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 9104.05, 9104.19, 9104.192, 9104.196, 9104.33, 9104.47, 9104.95, 9104.123, 9104.169, 9104.231, 9104.2444, 9126.06 (1.4), AND SECTION 9147 OF SAID CODE, REGULATING AND CONTROLLING ADULT BUSINESSES 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 Swearingen, and passed by unanimous vote to introduce the Ordinance. Mayor Greene declared that this is Ll of Zone Variance No. 29, for pro quired if the City Clerk had responded in the affirmative. the time and place for the public hearing on erty located at 7944-46 Third Street, He in - it of Publication, to which the City Clerk Council Minutes 8/8/78 -1- Mayor Greene inquired if the City Clerk had received any correspondence on this matter, Mr. Shand replied letters were received from the following: Mr. and Mrs, R. E. Lawrence, 7955 East Third Street, in opposition. Wilson & Wilson, Attorneys at Law, 10901 Paramount Boulevard, in opposition. Mr. and Mrs, George Smetak, in favor, Betty J, Bryan, in favor. Mrs, Margaret E. Heinze, 7935 Third Street, in favor. A petition attached to the letter of appeal, all signers in favor. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to file the letters of correspondence, Mayor Greene inquired if there was anyone present who wished to speak in favor of the appeal. Carla Zanfini, 7944 Third Street, said she is a co-owner of the property in- volved and feels the Zone Variance would be a benefit to the neighborhood. She pointed out there is currently a small house sitting on a large lot, and the proposal is to split the lots, move the present house over to one lot to be remodelled, and then build an approximately 2,000 square foot, two-story home on the other lot. The present apartment over the garage would be torn down. She said there are several lots on Third Street that have widths less than 50 feet. There being no one else wishing to speak in favor, Mayor Greene then inquired if there was anyone present who wished to speak in opposition, Mr, R. E. Lawrence, 7955 Third Street, indicated it is his understanding when the house was sold, the present owner would be demolishing the present structure and build- ing a house in the middle of the lot. There being no other speakers in opposition, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing, Mr. Carter explained the majority of properties on Third Street in this particu- lar area are well above the 50 foot frontage, except for one lot which is a 45 foot width. Staff and the Planning Commission did not feel this was adequate justification to allow a division of this property, and the request was then denied. It was moved by Councilman Miller, seconded by Councilman Swearingen, and passed by unanimous vote to deny Appeal to Zone Variance No. 29. Mayor Greene declared that this is the time and place for the continued public hearing on Granting a 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, Mayor Greene inquired if there was anyone present who wished to speak in protest to the granting of the Franchise, and there was no response. It was moved by Councilman Jackman and seconded by Councilman Mackaig to close the hearing, Mr. Spindel responded to questions regarding the costs involved and removal and replacement of a chain link fence along the Golf Course. ORDINANCE N0, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING A FRANCHISE TO SOHIO TRANSPORTATION COMPANY OF CALIFORNIA 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 unanimous vote to introduce the Ordinance. Council Minutes 8/8/78 -2- CONSENT CALENDAR Agenda Items VIII-A, Minutes of Regular Meeting of July 25, 1978, and VIII-C-1, Cash Contract #434, were removed from the 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. - Correspondence from Mobil Oil Corporation requesting Extension of Franchise. Denial Ref, #387, Florence Glen Hawes. S.S. Project #327, Slurry Seal for Fiscal Year 1977-78� Accept improvements completed (Account 410-45428, 26-16190, and 21-13941). General Warrants° #162292 - 162547; #204863 - 204916� $1,433,643.18. of Various Road Improvements for aaaca Street east AYES; 5 Council Members Jackman, Miller, Mackaig, Swearingen, Greene Minutes of Regular Meeting, July 25, 1978 Councilman Mackaig referred to Page 2 of 2 of the Table of Minute Actions, first item, concerning a citizen request for dog license fee to be placed on this Agenda. He said the dog license fee is not on this Agenda, and he was advised it is contained in the City Manager's Report, Referring to Page 2, tenth paragraph, Councilman Mackaig asked if the Mr. Zacker shown on. Julius Avenue is the same person who owns Downey Plumbing, He was informed Mr. Zacker is his father, Cash Contract #434, Sidewalk Construction South side Florence Avenue from Hopeland Avenue to Rives Avenue and easterly from Lesterford Avenue Mr. Spindel responded to questions of Councilman Jackman regarding the locations for the proposed sidewalk construction and funding. He said the construction is part of the Bicycle/Pedestrian Safety Program funded by SB 821 which is a 100 percent State funded program. He pointed out that sidewalks for the rest of Florence Avenue would be constructed under FAU funds and are scheduled for later this year. Councilman Jackman suggested doing all the sidewalks on Florence at the same time, Mr. Spindel replied there could be some complication in doing the work at the same time when there are two funds involved; there could be more of a delay because of all the Federal red tape. He pointed out the residents in the area concerned have been contacted, and there were no objections stated. Councilman Miller feels the sidewalks would benefit pedestrians but not bicyclists. During discussion, Mr. Spindel drew a configuration on the chalk board showing how the sidewalk between Rives and Hopeland will join the Florence Avenue service road. Councilman Jackman suggested that with permission of the majority of the Council, he would', direct staff to bring back an overall plan for sidewalks along Florence Avenue as soon as possible using FAU funds and SB 821 funds, Mr, Spindel indicated he will report back on the status of the SB 821 funds and whether there is a possibility the City could lose these funds if they are not used in the near future. Taken under submission. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to approve the Minutes of the Regular Meeting of July 25, 19780 ORAL COMMUNICATIONS (Items not on Agenda) Ms.. Vartanian raised questions regarding the DowneyManagement Club and the Mid - Management level that is eligible to participate, She also inquired if Mid -Management employees are eligible for overtime such as the Senior Accountant. Council Minutes 8/8/78 -3- Mr.. Spindel replied the Mid -Management employees consist of Assistant Superintendents and section heads. Mr. Wynne stated normally the Senior Accountant would receive overtime pay if asked to work overtime; however, the City°s Senior Accountant many times works over- time without pay because she does this on her own, Ms.. Vartanian questioned the amount spent on a Retreat for Management employees. Mr. Spindel pointed out the Retreat is not connected with the Management Club, but is set up as a vehicle for Management and Mid -Management employees to discuss problems and ideas. At the last Retreat, the Management Club was asked and did pre- pare recommendations to the City Council as to the goals and objectives for the City. Councilman Miller said the goals and objectives were presented to the Council, and he would be willing to share the information with Ms, Vartanian, He commented on his attendance at the Retreat. Chief Martin mentioned he also attended the Retreat and found it very enlighten- ing, having the opportunity to work with all of the department heads and discovering that many of them shared the same problems. He said since the Retreat he has been able to eliminate much of the Police Department workload that was a duplication of work being done in another department, Mr.. Mike Huggins, 13207 Deming, cited conditions existing in the 105 Freeway Corridor concerning abandoned vehicles and safety hazards and commented on the pro- posal to establish a Freeway Hotline. He said this proposal was first discussed last March and involved the School District, PTA groups, and the City. Mr. Huggins indicated he was unable to provide an answering device but was subsequently advised the City Water Department answering device could be used. He said he has received no further word from the City since last May regarding the status of the Hotline, and he has subsequently made plans to use his telephone number as the Freeway Hotline. Mr. Huggins stated yesterday, he received word from the City that the Hotline is ready to go, but he intends to proceed along with his plan to use his own telephone number as the Hotline, Mr. Spindel explained the reason for the delay is the fact that the City was having a new telephone system installed, and the Hotline could not be instituted until that was completed. Councilman Jackman asked if Mr. Huggins' way would be better than the City's, since the City has the Hotline ready to go. Councilman Miller requested Mr. Huggins to reconsider this matter so that he and the City could proceed in a way to provide the maximum benefit. Mr.. Huggins said he will contact Mr. Spindel tomorrow, Mr. John Barr, 10408 Samoline Avenue, discussed Council°s action on the Lighting District Assessment and the amount he will have to pay for two lights on his street. Mr. Dick Snyder, 8506 Comolette, referred to the Franchise for SOHIO Transporta- tion Company and inquired what will be transported through the pipeline and whether the line will run through the City. Mr. Spindel replied the line will transport Alaskan crude oil; also, the line will run along the Rio Hondo Channel right-of-way and cross City streets. Mr. Snyder then discussed the Dog License Fee and said he does not mind paying the fee as long as it accompanied by services, Dr. Henry DeKuyper, 7625 Sarabeth, feels the Management Retreat should have been held in Los Angeles County. He also mentioned he asked that the Dog License Fee be placed on this Agenda and had requested a response to his inquiry concerning the Charter provision with regard to non-compliance for not paying the fee. He was in- formed the dog license fee will be discussed, Mr. Sorensen said a non-compliance provision is contained in the Ordinance but not in the Charter. The Charter indirectly provides that violations may be a misdemeanor. Failure to abide by any City ordinance can be a misdemeanor for which there can be prosecution, and if it involves payment of a fee, the matter can be taken to Small Claims Court for purpose of collection. Dr. DeKuyper said he would like this matter to be considered when Mr. Thompson can be present, Council Minutes 8/8/78 -4- The Council decided to consider the dog license fee at this time, For the benefit of the audience, Mayor Greene read the City Manager's Report concerning financing animal control services, Dr. DeKuyper stated since the animal control provides services to animals in addi- tion to dogs, he would favor the licensing of other animals as well. He asked for the City Attorney's opinion relative to a Judge's ruling that a dog license fee is unconstitutional and discriminatory and whether this will be appealed, Mr. Sorensen replied he has no idea whether it will be appealed and if it is appealed whether or not it will make any difference until there is a final decision by an Appellate Court binding on all jurisdictions. He said the Judge's ruling is appli- cable only to the particular case it ruled on and does not bind the City of Downey. He stated in his opinion, the dog license fee is a valid licensee Dr. DeKuyper raised questions concerning formation of the Animal Control Authority and Downey's decision to raise the dog license fee. Councilman Jackman explained each City in the Authority sets its own fee, and Downey established the rate of $20 and $10 so the Authority could be self-sustaining. He mentioned that due to Proposition 13, Downey does not have the money to subsidize the Authority out of its General Fund. Councilman Mackaig questioned whether the amount originally needed for the three - city operation would be the same as needed now when there are eight cities involved, Mrs. Burk Bussiere, Director of the Southeast Area Animal Control, commented on the 1976 Operating Budget compared to the current Operating Budget which, he said, is $16,000 less to the City of Downey than it was in 1976, but does not include salaries, other expenditures, and inflation, Contract Cities help offset costs. He said the total Budget for 1978-79 is $770,000 for nine cities, Councilman Mackaig does not feel the dog owners should have to pick up the tab for other pets. He favored a 25 percent reduction in the dog license fees, with those who have paid their fee coming into City Hall for a refund, Mr„ Wynne explained the refund is mechanically feasible but would be expensive and time-consuming. He said the refunds could also be made on the computer and checks sent out within a reasonable period of time. Dr.. DeKuyper further discussed the dog license fee and animal control operation. He feels those people who also benefit from the animal control should pay a fee, including cats, Councilman Miller admitted the dog license increase was presented to Council immediately following the June Primary, and he did not have an opportunity to thoroughly review it. However, he said, he would be reluctant to vote on a fee reduction until he has seen information reflecting as a license fee the amount of money necessary to provide animal control services. Denise Snyder, 9108 South Cord Avenue, discussed the situation she encountered at the animal control facility in attempting to adopt a dog, Mr. Bussiere commented on the holding procedure for the animals prior to being placed for adoptions He said people interested in an animal may place a hold on that animal, and then they are contacted once the retention time has elapsed. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to decrease the dog license fee by 25 percent effective immediately, and that citizens have 30 days to come into the License Department and pickup their refund. (See amended motion,) Mr.. Sorensen inquired if this would affect the penalty imposed for people who have not yet paid their fee. Councilman Mackaig said they would pay the new rate and also pay the penalty. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to make an amended motion to reduce the dog license fee by 25 percent and instruct the Finance Department to program the computer and mail back all refunds to all license owners. Judy Beach, 11711 Mitla Avenue, complained about the dog license fee and the animal control service. Council Minutes 8/8/78 -5- Peggy Matson, 7736 Otto Street, cited an incident involving a dog locked in a closed vehicle. She also commented she has called the animal control many times con- cerning a dog that is repeatedly running loose. Mr. Bussiere discussed the procedure for picking up a dog and releasing it to the owner. Mr. A. B. Connor, 7830 East 7th Street, said the license fee is a discrimination against dog lovers. He suggested cats also be licensed. Councilman Miller stated again he does not want to vote on this until he receives further information as to the effect of the 25 percent reduction and how much animal control service pertains to dogs and other animals. He said he would not be adverse to licensing cats. Mr. Mike Manicone, 10400 Gaybrook, agreed the Council should receive further information on this before making a decision. He feels there should be a penalty for those people who let their animals run loose. Mr. Bussiere explained the animal control Board of Commissioners will be review- ing a proposal on adjustment of fees and making a recommendation to each of the City Councils. Katherine Dimmick, 9365 Otto Street, raised a question regarding location of the new animal shelter being built on Seaaca Street and whether the new building will cause an increase in the license fee. Councilman Jackman explained the new facility is being built by a $600,000 grant to the City of Norwalk --the City of Downey and City of Pico Rivera participated in the purchase of the property. Mr. Sorensen advised the dog license ordinance provides the fee can be set by resolution. He will bring a resolution back to the Council at its next meeting. Roll call vote on the amended motion: AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller Mayor Greene directed staff to bring back statistics at the next meeting. ORDINANCES ORDINANCE NO. 553 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE DOWNEY REDEVELOPMENT. PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA 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 adopt Ordinance No. 553. AYES: 4 Council Members: Jackman, Miller, Swearingen, Greene NOES: 1 Council Member: Mackaig ORDINANCE NO. 554 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 3300 THROUGH 3332 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 3300 THROUGH 3332 AND SECTIONS 3352 THROUGH 3359 ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIA- TION AND PROVIDING FOR ADDITIONS, DELETIONS AND AMENDMENTS TO SAID CODE The Ordinance was read by title only, It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. Chief Davis advised the Building Appeals Board has recommended the ordinance be adopted. He said there are minor modifications that will be brought back to Council within 30 days to clear up some terminology in the code. Council Minutes 8/8/78 -6- It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Ordinance No. 554. ORDINANCE N0, 555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING COMMISSION RESOLUTION N0, 192, ZONE CHANGE CASE N0, 129) 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 unanimous vote to adopt Ordinance No, 555, ORDINANCE NO. 556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO, 193, ZONE CHANGE CASE NO. 130) 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 unanimous vote to adopt Ordinance No. 556, RESOLUTIONS RESOLUTION NO. 3584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING OFFER OF DEDICATION AS A PUBLIC ROAD OF THAT CERTAIN ONE FOOT WIDE FUTURE STREET LYING SOUTHERLY OF WASHBURN ROAD AND DESIGNATED AS PANGBORN AVENUE The Resolution was read by title onlyo 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, 3584, Mayor Greene declared a recess from 10>18 p.m. to 10:45 p.m. The meeting resumed with all Council Members present. Mr. Sorensen commented on a proposed Resolution Tor notice OT Special Municipal Election to be held on November 7, 1978. The Resolu- tion pertains to proposed Charter Amendments, and if the Council desires to have these placed on the November ballot, it must take action by August 22nd, The first Charter Amendment pertains to at -large voting for electing Council Members and provides that even though a Councilman must reside within the specified district to which he will be elected, he would be elected by the voters at -large. On the top of Page 3 of the pro- posed Resolution, the year 1968 should be changed to 1980, and the year 1966 should be changed to 1982. The second Charter Amendment provides an alternative to publishing Ordinances in full after adoption. The City Clerk may cause a summary of the Ordinance to be prepared and published in the official newspaper; shall post a copy of the full text ten days prior to the date the Ordinance will be submitted for adoption® and shall post a certified copy of the entire Ordinance following its adoption, showing the date adopted and the vote. A third Charter Amendment pertaining to contracts on public works may be added to the Resolution and would be the same as submitted several years ago. This would change the amount from $2500 to $7500 without going to bid; would allow up to $15,000 upon certain conditions; and would allow that limitation to be in- creased by a two-thirds vote of the City Council so long as it does not exceed the percentage increase in the construction cost index. Mr. Sorensen stated a second Resolution requests the Board of Supervisors of Los Angeles County to consolidate a Snecial Election of the Citv with the State General Election. Councilman Jackman requested action be held until August 22nd to give the Council Members an opportunity to review the proposed Charter Amendments. He also requested an indication from the Council concerning his suggestion for election of Council Members at -large, He feels the geographical size of Downey does not indicate the Council should be elected by district, and he believes the voters should have the right to vote on the five Council Members, Council Minutes 8/8/78 -7- : N Mayor Greene noted the City Clerk's memo indicates each Citywide election will cost approximately $26,000. Councilman Miller said he has always felt each Councilman voted for what is good for the entire City and had not shown special preference to a particular district. He voiced reservation about a City the size of Downey having Citywide elections because it could become a money game and might prevent a qualified candidate from entering the race, Councilman Mackaig said although he does not concur that elections should be Citywide, he will vote in favor of placing this issue on the November ballot, and he will abide by the outcome, Councilman Swearingen agreed with placing this on the November ballot. Mayor Greene said he sees no reason to change the present system, but he will go along with the majority of the Council, Mr. Sorensen cited the Supreme Court decision regarding the 30-day residency re- quirement prior to filing nomination papers. He also noted the latest date a candidate may file nomination papers is 63 days before an elections therefore, the 90-day residency requirement stated in the Resolution would not conflict with the court ruling. Mr. Mike Huggins favored the present election procedure in the City, He said the elected officials are needed closer to the people; plus, Downey is a City with areas different, both economically and socially. He pointed out it is already difficult to make person -to -person contacts with people when running in a district election. Mr, Dick Raabe, 11627 Downey Avenue, does not favor changing the present election procedure Roxie Pierce, 9811 Birchdale, went on record saying she would like the present election system to stay the way it is Ms. Vartanian suggested a questionnaire be mailed out with the Communicator to see what the citizens' feelings might be, Frances Saurenman, 7621 Shadyoak Drive, representing the League of Women Voters, said the League favors the present voting system, Mr. Earl J. Berry, 8536 Eucalyptus, supported the democratic process of placing this issue on the ballot, The Council concurred that resolutions for the proposed Charter Amendments be submitted for the next Council Meeting. MISCELLANEOUS COUNCIL ACTIONS Transfer of Funds for Miscellaneous Concrete Work and Drainage Improvements at Park Mr. Neavill explained money is kept in the Park Development Fund which is paid by developers who choose to pay a fee rather than set aside property for park development. He said from time to time moneys are taken from the fund for special park purposes. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to agree with the interim rental schedule for next fiscal year. Commission and staff to transfer funds not to exceed $2500 from the Reserve for Capital Projects Fund, #40-661, to the Capital Improvement Fund, #40-17125, for miscellaneous concrete work and drainage improvements at Apollo Park and Rio San Gabriel Park, and fabrication and installation of the Wilderness Park sign. It was moved by Councilman Jackman and seconded by Councilman Mackaig to take the Downey Theatre Operating Policy under submission, Mayor Greene inquired if in the future it is possible the Downey Community Theatre could become an authority, Mr. Neavill replied Alternate One proposed would in a sense create an authority, but not with the legal implications an authority would have --this would be a non-profit corporation. He pointed out if Alternate One is considered, a meeting would have to be held with the cultural performing arts groups to see if they would favor this kind of proposal. Speaking to the motion to take under submission, Mr. Neavill referred to the proposed, interim rental schedule and said he feels it is essential the Council make a decision with regard to an interim approach for use of the Theatre beginning with the Council Minutes 8/8/78 -8- coming season. He pointed out that many of the organizations need an answer on this, and it is recommended certain City -sponsored or co -sponsored organizations be per- mitted during this coming year to use the Theatre at half the non-commercial rate, which is fairly close to the $8,000 proposed by the Downey Civic Light Opera Associa- tion for its use of the Theatre. The organizations involved are: Downey Civic Light Opera Association; Downey Symphonic Society and Women's Committee; Downey Civic Chorus; Downey Youth Band; Downey Rose Float Association (Miss Downey Pageant); Downey Parks & Recreation ("Way Outer Broadway" Contest); and Downey Unified School District (select music programs), Councilman Jackman asked if the $8,000 for 150 day and night uses by the Civic Light Opera would pay for maintenance of the Theatre, Mr., Neavill replied no. He said if they pay the full non-commercial rate, it would be close to $21,000 for the number of days requested. Discussion followed regarding the cost to the City to maintain the Theatre if it is not used, Councilman Jackman said the Council should be informed as to what the cost would be, Mr.. Neavill explained the total allocation in the budget for Theatre maintenance is $108,000; the minimum cost to keep the Theatre open without use of stage lights, etc., is figured at $65,000 to $70,OOO. He pointed out that permitting the organiza- tions to use the Theatre at the proposed one-half non-commercial rate on an interim basis would be allowing them to stay in business and operate another year until they have had an opportunity to adjust their program; it would also provide the City Council with a period of time in which to establish a way the Theatre can be operated on a self-sustaining basis, Mr, Mike Huggins, member of the Recreation & Community Services Commission, commented on the Commission's recommendation and concern that the Theatre be placed on a paying basis as soon as possible. He said the recommended proposals would help these organizations to continue to operate, Mrs, Signe Van Hoeven, 8533 East Donovan Street, spoke in favor of the Downey Civic Light Opera productions for the music and entertainment it provides to the community, Mayor Greene said he would support this for one year, Councilman Jackman asked about approving this to the end of the 1978 calendar year. Mr. Neavill explained the schedule would require going to the end of the fiscal year for the interim rate. He said if a non-profit corporation were to become a reality, it would consist of the organizations the City has made agreements with. He pointed out the organizations have programs that continue through next May and June, and they have made certain commitments. The proposal is to retain the present rental schedule for commercial and non-commercial uses, with the exception of these organiza- tions who would pay only one-half the non-commercial rate, whereas previously they have paid nothing. Councilman Jackman feels the City should commit itself for six months only; then if it is necessary to extend it, the Council may do so, Councilman Miller inquired if this is approved, would it be necessary to appropriate money in addition to the budgeted $108,000. Staff responded it would not be necessary to appropriate additional money. The Council inquired what would happen if this matter is not voted on tonight, Mr. Neavill replied the Civic Light Opera has received $25,000 in advance sales and is making commitments for expenditures on personnel for its upcoming productions -- it is on a fixed schedule. He said prior to Proposition 13, the Civic Light Opera had already publicized its season and printed tickets. He commented on the need to establish an interim rental schedule so the organizations can make their plans. It was moved by Councilman Jackman to approve an interim rental schedule for one-half the non-commercial rate for the organizations through December 31st only. Mr, John Hume, 7827 Cole Street, stated that to plan a schedule for part of the year is not practical and would have to be for the full season. He said the Civic Light Opera might be able to increase its proposed $8,000, but at this time, that amount is all it can guarantee. Mr. Hume said the money collected on season tickets Council Minutes 8/8/78 -9- could be refunded at this time before any of it is spent to fund productions. He pointed out the date for the first performance of the Civic Light Opera°s next season is September 21st, Roll call vote on motion to take the Downey Theatre Operating Policy under submission- AYES- 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene Mayor Greene seconded the motion to approve an interim rental schedule for one-half the non-commercial rate for the organizations through December 31ste Mrs Huggins stated the organizations need to band together to exist, and it is the feeling of the Recreation & Community Services Commission that if anyone is going to operate the Theatre it should be Downey°s own people. Further discussion ensued. Councilman Jackman said he would like further information on the alternates proposed. Mrs, Pauline Hume, 7827 Cole Street, said season tickets have been sold, and she mentioned that once the non-profit organization is formed, it will probably take longer than December 31st to decide how it will operate. She feels it would be more realistic to approve this to the end of the fiscal year. Councilman Jackman asked Mrs. Hume if the Council delayed action on this until August 22nd, would it have an effect on the Civic Light Opera? Mrs. Hume replied it would mean "show or no show." She pointed out that re- hearsals are scheduled to begin tomorrow evening, Mrs, Marie D°Orazio, 9115 Gainford, said the show must begin rehearsal tomorrow, and once the rehearsal commences, the Civic Light Opera will be committed to the costs involved for the next production. It was moved by Councilman Jackman to accept Alternate One and direct staff to organize a non-profit Theatre management corporation as soon as possible to be brought back to Council for approval, so that the Theatre can be placed on a paying basis, Councilman Jackman said this would take into consideration the recommendations contained on Page 2 of the staff memo dated August 3rd, The motion was seconded by Mayor Greene and passed by unanimous vote. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to agree with the interim rental schedule for next fiscal year. Mayor Greene indicated he will be voting against this. Mr. Whittington, 8542 Manatee Street, said he thought during Budget session the Council made a decision to rent the Theatre only on a paying basis. AYES- 4 Council Members: Jackman, Miller, Mackaig, Swearingen NOES: 1 Council Member- Greene Mrs Raabe stated several Council Meetings ago, a Mr. Perez offered the help of ten businessmen in the community to show the City how it can save money it spends on these organizations and groups, Mr. Spindel explained Mr. Thompson did contact Mr. Perez and gave him pertinent information regarding the Budget, Councilman Miller suggested the City write Mr. Perez a letter asking him for the names of the nine other individuals. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to grant permission to the Downey Rose Float Association for use of the City Yard for construction of the Rose Float, subject to the Association supplying liability insurance and naming the City as additional insured. It was so ordered to approve the Appointment of Mr. Ned Young to the Civil Defense & Disaster Council, Authorization to pay Downey Dodge, Inc., for Extraordinary Police vehicle Maintenance Council Minutes 8/8/78 -10- Councilman Jackman inquired which fund the money would come from and questioned the City°s obligation since the delayed delivery of the new Police vehicles is not the fault of the City. Councilman Miller also raised the question of whether it is the City's problem or responsibility the Police vehicles exceeded the 40,000 miles because delivery of the new -vehicles was delayed. Mr. Wynne explained this is the first time a delivery problem for City vehicles has occurred. He said Downey Dodge has advised that the replacement deliveries were delayed due to production problems encountered in Detroit, Mr. Wynne stated the amount Council is requested to authorize is for invoices received over the above the $8535 paid according to the contract maintenance rate on a per mile basis. This, he said, is considered reasonable in view of how the contract is written, and staff will come back to the Council with an amendment to the contract so that this does not happen again. He pointed out the money would be paid from the Equipment Fund, Chief Martin mentioned the vehicles were ordered a year ago last June and took 13 months for delivery. The vehicles are being purchased on the original price negotiated, but he feels it is unreasonable to order the vehicles a year in advance. Mayor Greene said he does not feel the City is obligated to pay this amount, Councilman Mackaig indicated he has a conflict of interest on this matter° it was suggested by the City Attorney that he not take part in the vote, Mr. Sorensen suggested the Council might want to refer this matter to staff to see if an amendment can be worked out; then, the Council would have further informa- tion before making a decision. This matter was referred to the City Attorney for report back on August 22nd, It was moved by Mayor Greene, seconded by Councilman Miller, and passed by unanimous vote to set a hearing on zone Change Case #131, 8117-19 Orange Street (Planning Commission Resolution No, 207), for 7:30 p.m., August 22, 1978, in the Council Chamber of the Downey City Halle CITY MANAGER'S REPORT Mr, Spindel reported on the business on Bellflower Boulevard across from Independence Parke He said when the owner of the vehicles was directed to remove them, he then requested permission to rent a portion of the City Heliport property on a monthly basis, for a period up to four months. He said the City"s Right -of -Way Officer has calculated a fair rental would be $225 per month. During discussion, Mr. Spindel mentioned the owner of the trucks has indicated he will need to park from 20 to 50 vans, Mr. Sorensen said he would not recommend the Council get into a long-term lease or rental agreement on such short notice; also, proper insurance should be provided. Suggestions were made regarding charging $10 per month per space, It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize staff to issue a permit to park not more than 32 vehicles on the Heliport site at $10 per space per month on condition that the appropriate insurance be provided, and any such other conditions as staff deems necessary, STAFF REPORTS Mr, Sorensen reported that yesterday, in the 105 Freeway corridor to Ted Watkins, for removal in the past few months. ORAL COMMUNICATIONS the Judge authorized the sale of 99 houses He said 126 homes have been authorized Councilman Mackaig referred to an article in the Southeast News concerning a $12,500 budget allocation for the Downey City Management Club and $2934 spent for a Management Retreat, Mr, Spindel explained there is no amount in the Budget for the Management Club, but there is $12,500 budgeted for Staff Development for training.-` "_______ "- Commenting on the Management Club, he said the membership consists of employees des" nated as Management or Mid -Management --the membership is strictly voluntary and some Management employees are not members. As to the $12,500, he said this was approved by Council for staff development for the entire City. Staff development is for training, which includes tuition reimbursement for employees who are taking classes on their own Council Minutes 8/8/78 -11- time pertinent to the City employ for advancement; it also includes seminars, safety and paramedic training, etc., for the training of staff. Mr. Wynne also explained the information given to the Southeast News clearly stated the amount was for staff development, not the Management Club-, but, the confusion on this matter may have arisen because the Management Retreat was charged to the Staff Development account. Mr. Spindel advised that the Management Retreat has been a function of the City for approximately eight years, and this year, the Management Club was asked to prepare the program for the retreat. He noted the purpose of the Retreat is for training, and although they are normally held at Kellogg West in Pomona, this year it was held in Newport Beach, Councilman Jackman pointed out this year he was one of the Council Members who attented the Retreat, and he feels the Council should always be invited to attend. Councilman Mackaig said it is his understanding the Management Club sent out a letter in opposition to Proposition 13. He asked if the Management Club is a political group, Mr. Spindel replied the Club is non -political; the letter was sent out on Management Club stationery and it also paid the postage, Councilman Mackaig pointed out that he, Councilman Swearingen, and Councilman Miller took definite stands on Proposition 13 He then asked if the Board of Directors of the Management Club authorized the letter, Mr. Edwin H. Wood, 9318 True Avenue, former Fire Chief and former President of the Downey City Management Association, informed the Council he was directly responsible for the letters that he had taken a definite stand against Proposition 13. He said the letter was paid for and printed on Management Club stationery --no City funds or City time was involved, Chief Wood stated Councilman Miller had also dis- played an attitude in opposition to Proposition 13, and he invited Councilman Miller to participate in the handling of the letter. Councilman Miller said he did sign the letter and had printed at his own expense a cartoon which was sent with the letter. He mentioned the budgeted item of $12,545 for Staff Development was thoroughly discussed by Council before it was approved. Councilman Mackaig feels the City should stay out of politics, especially the Management Club. He mentioned that he and the other Council Members have not seen the letter that was mailed out on Proposition 13. Councilman Miller read a letter from a constituent, a renter who was informed if Proposition 13 passed he would receive a reduction in his rents but, when the Proposi- tion did pass, he received an increase instead. Mr. Raabe indicated City money should not be spent to pay for classes attended by City employees, He feels the Council should tighten the purse strings of the General Fund, Councilman Miller suggested the Council might want to decide whether it will participate in the upcoming League of California Cities Conference. Mr. Wood requested that further discussion relative to the Management Club be placed on the next Council Agenda. The City Clerk was directed to place this on the Agenda of the next Council Meeting. Mayor Greene announced he will be on vacation during the next Council Meeting. There being no further business to come before the City Council, the meeting was adjourned at 1:13 a.m., August 9, 1978. Ro ert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 8/8/78 -12-