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HomeMy WebLinkAboutMinutes-08-22-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 22, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Presentations to Mrs. Sara McCart and Mr. John Unkovich 1 Resolution #3585, Declaring an Underground Util. Dist. be formed (Dist. #10, Fifth St.) Adopted 1 Zone Change Case #131, 8117-19 Orange St. - Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC Introduced 3 Removal of Items from Consent Calendar Correspondence from Housing & Redevelopment Coordinator re transmittal of Redevelopment Ordinance #553 Filed 2 General Warrants: #162548 - 162761 #204917 - 204956 Approved 2 Tract #32650, True Ave. & Brookpark Rd.: Accept improvements Approved 2 Minutes, Regular Meeting August 8, 1978 Approved as corrected Correspondence from Jack Robinson re Certain conditions to Tentative Tract #35710 (SW corner Priscilla & Clark St.) To be placed on next Agenda 3 Ordinance #557, Granting Franchise to SOHIO Transportation Co. of Calif. Adopted 4 Ordinance #558, Adding Secs. to DMC Regulating & Controlling Adult Businesses Adopted 4 Resolution #3586, Apprvg. Final Parcel Map #10638 & Acceptance of Dedication (Cedartree Rd.) Adopted 4 Resolution #3587, Ordering, Calling, Providing for & Giving Notice of Special Municipal Election on November 7, 1978, for Purpose of Subm. to Voters Proposed Amendments to the Charter of City & Consolidating Election with Statewide General Election held on said Date Adopted 4 Councilman Jackman authorized to write Argument in Favor of Charter Amendment No. 1 Approved 5 Mayor Pro Tem Miller to write Argument Against Charter Amendment No. 1 Approved 5 City Attorney to prepare Summary of Three Charter Amendments 5 Resolution #3588, Req. Bd. Supervisors of L.A. County to Consolidate Special Municipal Election of Downey to be held November 7, 1978, with General State Election Adopted 6 Resolution #3589, Establishing Animal License & Impounding Fees, Providing Certain Refunds of Fees Paid for 1978-79 Fiscal Year, & Rescinding Res. #3133 & #3562 Adopted 6 Resolution #3590, Commending U.S. Congressman Del Clawson on his Retirement Adopted 7 Page 1 of 2 COUNCIL MINUTES, AUGUST 22, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: CC #434, Sidewalk Const. S/s Florence: Hopeland/Rives & Lesterford/San Gabriel River: ACTION: To be brought back w/drawing for final Council action Management Retreats: Direct staff to have amount of expenditure approved prior to retreat Approved Transfer Stations for Street Sweepings: Auth. Mayor to execute lease w/So. Pac. Transp. Co. Failed; to be placed on next (R/W W/o Rives, $324 per year) Agenda CC #436, Bergman Lane - Sewer: Appropriation to acquire sewer easements & transfer $2900 from Fund 72 to A/C #72-13950 Approved Amendment to Agreement for Maintenance of Police Vehicles bet. City & Downey Dodge, Inc. Approved Chamber of Commerce Quarterly Report for April 1 - June 30, 1978: Motion to withhold $7,000 allocation No second Fees & Charge Increase for use of City Park Facilities Approved Heliport- Site on Bellflower Blvd.: Declare site as excess property Approved Tax sale for portion of property in street at 14608 Verdura St.: Auth. Mayor to sign agmt. for purchase of property Approved Set tax rate in event Proposition 13 is declared unconstitutional: Auth. Dir. Finance to send letter to County Tax Collector setting forth City's Charter provisions & specifying City's Tax Rate Failed Membership to SCAG: Cn. Jackman req. report on whether City has paid fee & also req. fee not be paid until brought back to Council Cn. Jackman to bring back report from Animal Control Bd. Directors re naming Dog License as Animal License Secretary of Transportation to tour 105 Freeway Corridor, August 24th Executive session re pending litigation Approved PAGE NO 7 8 8 9 9 9 9 10 10 10 11 11 11 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 22, 1978 The City Council of the City of Downey held a regular meeting at 7.30 p.m., August 22, lW8, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Kenneth J. Miller presiding, PRESENT: Council Members2 Theodore H. Jackman Lyell W. Swearingen ---- Milton Re Mackaig Kenneth J. Miller Mayor Pro Tem ABSENT: William L. Greene Mayor (excused) ALSO PRESENT: Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin Fe 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 John H. Saunders, Assistant to City Manager Thomas Tincher, Housing & Human Services Coordinator William A. Ralph, Civil Engineer Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Bishop Thomas R. Wilson, Church of Jesus Christ Latter Day Saints, followed by the Flag Salute led by Councilman Mackaig, PRESENTATIONS Mayor Pro Tem Miller presented a plaque to Mrs, Sara McCart for serving on the Planning Commission from May 13, 1974 to June 13, 1978, and to Mr„ John Unkovich for sue;nq on the Board of Building Appeals from July 8, 1974 to July 30, 1978, HEARINGS Mayor Pro Tem Miller declared that this is the time and place for the public hearing on Underground Utility District #10 Fifth Street, He inquired if the Deputy City Clerk had the Affidavit of Mailing, to which the Deputy City Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to receive and file the Affidavit. Mayor Pro Tem Miller inquired if the Deputy City Clerk had received any written protests or objections, and the Deputy City Clerk replied she had not, Mayor Pro Tem Miller asked if there was anyone present who wished to speak in protest to the formation of Underground Utility District #10, and there was no response. It was moved by Councilman Jackman and seconded by Councilman Mackaig to close the hearing, RESOLUTION NO. 3585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING THAT AN UNDERGROUND UTILITY DISTRICT BE FORMED PURSUANT TO RESOLUTION NO. 3581 (DISTRICT NO, 10, FIFTH STREET) The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No, 3585, AYES; 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member: Greene Council Minutes 8/22/78 1m Mayor Pro Tem Miller declared that this is the time and place for the public hearing on Zone Change Case #1310 8IT7m19 Orange Street He inruwired if the Deputy City Clerk had the Affidavit of Publication, to wE.ch the Deputy City Clerk responded in the affirmative. It was moved by Councilman Jackman and seconded by Councilman Swearingen to receive and file the Affidavit. At this time, the hearing was recessed to grant the City Planner time to return with file material on the case, REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda items VIII-A, Minutes of Regular Meeting of August 8, 1978, and VIII-B-2, Correspondence from Mr. Jack Robinson, were removed from the Consent Calendar, CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Remainder of the Consent Calendar, - Correspondence from Tom Tincher, Housing & Redevelopment Coordinator, regard- ing transmittal of Redevelopment Ordinance No, 553, General Warrants: #162548 - 162761, #204917 u 204956,. $762,265.59. Tract #32650, True Avenue and Brookpark Rcad: Accept improvements constructed. AYES. 4 Council Members: Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member. Greene Minutes, Regular Council Meeting, of August 8, 1978. Mrs. Jeanne Cook, Deputy City Clerk, said the following correction should be made in the Council Minutes, on Page 11, second line of the last paragraph. The line should read, "but there is $12,500 budgeted for Staff Development for training," It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Minutes of the Regular Council Meeting of August 8, 1978, as corrected. AYES. 4 Council Members. Jackman, Swearingen„ Ma.ckaig, Miller ABSENT. 1 Council Member. Greene Correspondence from Mr, Jack Robinson regarding certain conditions to Tentative Tract #35710. Mr, Jack Robinson, 8615 Florence Avenue, said the Tentative Tract is located on the southwest corner of Priscilla and Clark Street and is proposed for development of seven single family residences. He said the Planning Co rdssion in its approval of the Tentative Tract established the following conditions as part of the approval. Installation of a street lighting system to conform to the standards of the City Engineering Division; and providing a fire hydrant of the single 2-1/2 inch and single 4 inch separately gated outlet at locations specified by the City Engineering Division and Departments of Water and Fire. Speaking to the street lighting Mr. Robinson stated in the area of the subdivision 'there is presently a safety light at the corner adjacent to another light across the street, He said at a recent hearing before 'the City Council the Council waived the requi'xsn.,ent of the average citizen of paying for street lighting, with the exception of those who are in a lighting district, and it was noted people in a lighting distr`ct voluntarily request the lights. He pointed out that in many cases it has not been voluntary but imposed through Planning cases as a condition of special ccnsidcration on property. Mr. Robinson suggested the Council review this to see if it intends to continue forcing lighting districts to be created as condition to Planning cases and asked about the procedure he might take to have the item of forced street lights removed from the requirements. As to the fire hydrant upgrading, Mr., Robinson said there is a fire system .in the area which will deliver up to 1100 gallons of water per minute, and he questioned whether a property owner should be .required to upgrade a system for all his neighbors or whether this is the obligation of the City. Mr, Robinson indicated the third item in his letter concerning expansion of the rear easement he will dis= cuss further with the Planning Commission. Mayor Pro Tem Miller recommended staff come back with responses to the questions, Councilman Jackman feels the Council should receive input from the Planning Commission since it set the conditions.. Council Minutes 8/22/78 Councilman Mackaig said the Council was informed during the lighting district hearing that safety lighting was on every corner and mid -block lighting was put in at the request of the neighborhood. He said if this is true and the property owner does not want street lights, then he does not see how the City can force mid -block lights. Mr. Spindel explained the policy of requiring street lights in planning cases, which he said has been in existence since the City incorporated. He indicated he can bring back a full report next meeting. Referring to the upgrading of the fire hydrant, Councilman Mackaig asked why the rest of the fire hydrants in the City are not upgraded, Chief Davis explained the City of Downey is not a master planned community as far as the water system is concerned. He said it has been the policy of the Fire Department in the past when a development is proposed to use the ISO formula for fire flow, which in this case was determined to be 1500 gallons per minute. He pointed out hydrants in the City have been upgraded when possible to provide adequate fire flow, and there are larger hydrants throughout the residential areas. Councilman Mackaig inquired if the larger hydrant would suffice in providing adequate water if all houses in the subdivision were to be on fire at the same time. Chief Davis said this would have to be calculated, and he volunteered to investi- gate this and bring a report back to Council, Tentative Tract #35710 will be placed on the Agenda for the next Council Meeting, Mayor Pro Tem Miller reconvened the hearing on Zone Change Case #131, 8117-19 Orange Street. Mr. Goggin reported on the location of the property, surrounding zoning, and the request of the applicant to change the zone from R1-5000 to R-2, which has been approved by the Planning Commission. Mayor Pro Tem Miller inquired if the Deputy City Clerk had received any correspondence on this matter, and the Deputy City Clerk replied she had not. Mayor Pro Tem Miller then inquired if there was anyone present who wished to speak in favor of the zone change. Mr. Cal Fincher, 12044 Dolan, said he is attempting to upgrade the property to the "Downey standard." There being no one else wishing to speak in favor nor anyone to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to close the hearing. AYES: 4 Council Members: Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member: Greene ORDINANCE NO. 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. 207, ZONE CHANGE CASE NO. 131) 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 introduce the Ordinance. AYES: 4 Council Members: Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member: Greene ORAL COMMUNICATIONS (Items not on Agenda) Councilman Jackman inquired who will be removing the Notice of Improvement signs posted throughout the City regarding the recent Lighting District hearing. Mr. Spindel replied crews have not been sent out specifically to remove the signs but have been asked to remove the ones they see while out on other jobs. Council Minutes 8/22/78 -3- r' s V ORDINANCES ORDINANCE N0, 557 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 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, 557, AYES: 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT- 1 Council Member. Greene ORDINANCE NO, 558 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 Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No, 558, AYES: 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member. Greene RESOLUTIONS RESOLUTION NO, 3586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL PARCEL MAP N0, 10638 AND ACCEPTANCE OF THE DEDICATION OFFERED THEREIN (CEDARTREE ROAD) 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 the following vote to adopt Resolution No, 3586, AYES. 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member. Greene RESOLUTION NO, 3587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE Mr., Sorensen advised the Resolution can be changed as desired by the Council if it wishes to delete any of the three proposed Charter amendments prior to the Resolu- tion's adoption, and he suggested that each of the Charter Amendments be discussed separately by the Council, He noted Page 3 was retyped to include an omission under Section 501 - Eligibility, 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 the following vote to adopt Resolution No, 3587, Mr, Sorensen read a letter from the League of Women Voters of Downey regarding the Charter Amendment for electing Council Members at -large and urging the Council not to place a proposition of this magnitude hurriedly on the ballot without thoroughly studying it, Council Minutes 8/22/78 -4- 2. Mr., Charles Wheeler, 7858 Via Amorita, said in his opinion, the reason DowneyBs first attempt to incorporate failed was because the Council election was proposed for Citywide representation of the five Council Members; the second attempt to in- corporate was approved, and the City was divided into four districts with District 5 at -large, He believes the current election system has worked well over the years and feels it is conceivable one section of the City could elect all of the Council Members. Mr, Wheeler requested this be delayed for further study. Councilman Jackman said he feels disenfranchised when he can only vote for two members of the City Council and yet three Council Members can control what he does in the City. He also believes the interest of each Councilman is for the entire City, not just for the district he represents, and he feels everyone should have the right to vote for each member of the Council. By placing this on the ballot, anyone in the City will have the right to vote against it if they so desire, Councilman Mackaig said he made an agreement with Councilman Jackman that he would vote to place this measure on the ballot; however, although he will vote against it, he sees nothing wrong with placing it on the ballot. Councilman Swearingen concurred and stated the key to this is the fact that everyone will vote their conscience. Mayor Pro Tem Miller feels the Council is rushing into this and operating within a limited time frame. He mentioned he polled votes cast for the last ten years and that the northern section of the City votes much more than the southern part, Mayor Pro Tem Miller said this could become a money game where a limited number of people with a lot of money could control the City Council. He moved that Downey City Charter Amendment No, 1 be removed. The motion died for lack of a second. There was no Council discussion regarding Charter Amendments No. 2 or 3e Mr. Sorensen advised the Deputy City Clerk has discussed this with the City's Election Supplier and Coordinator, and the dates set by the Clerk in which arguments can be submitted will be between August 23rd and September Gth, He stated the Council may select one member of its legislative body to write an argument for and one to write an argument against„ also, there is a provision in the Elections Code which allows rebuttal arguments to be filed, and if the Council wants to allow rebuttal arguments, following adoption of the Resolution it should move to adopt provisions of Section 5014.5 of the Elections Code, AYES: 4 Council Members- Jackman, Swearingen, Mackaig, Miller ABSENT- 1 Council Member- Greene It was moved by Councilman Mackaig and seconded by Councilman Swearingen that Councilman Jackman be authorized to write an argument in favor of Charter Amendment No, 1, No objections were stated. It was moved by Councilman Jackman that Mayor Pro Tem Miller write the argument against Charter Amendment No, 1, Councilman Mackaig voiced opposition to the motion, Mayor Pro Tem Miller said he never made any promises before the meeting that he would support anyone at anything, but the promise he made was to his constituency that he would represent them fairly. He believes the Amendment as proposed is not right and also feels that anyone speaking out in opposition should not be deprived of writing the argument against it, vote - The motion was seconded by Councilman Swearingen and passed by the following AYES: 3 Council Members- Jackman, Swearingen, Miller NOES- 1 Council Member: Mackaig ABSENT- 1 Council Member: Greene Mr, Sorensen advised that the City Attorney is required to prepare a summary of the three Charter Amendments, RESOLUTION NO, 3588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF DOWNEY TO BE HELD ON NOVEMBER 7, 1978, WITH THE GENERAL STATE ELECTION PURSUANT TO SECTION 23302 OF THE ELECTION PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE Council Minutes 8/22/78 -5- 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 the following vote to adopt Resolution No. 3588. AYES. 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT. 1 Council Member. Greene RESOLUTION NO. 3589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ----- ESTABLISHING ANIMAL LICENSE AND IMPOUNDING FEES, PRO- VIDING CERTAIN REFUNDS OF FEES PAID FOR 1978-79 FISCAL YEAR AND RESCINDING RESOLUTION NUMBERS 3133 AND 3562 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 the following vote to adopt Resolution No, 3589. Speaking to the fee schedule on Exhibit A, Councilman Mackaig stated he does not feel the $4.00 fee for delivering impounded animals to their owners is large enough for this service, Councilman Jackman said many of the fees will be reviewed by the Animal Control Commission, Councilman Mackaig said if the Animal Control is operating on a deficit, there are fees that could be adjusted to a more reasonable price for the services rendered. Councilman Swearingen concurred and suggested raising the fees for picking up and impounding dogs, He asked if $5.00 for care and feeding of large animals is a reasonable fee. Councilman Mackaig mentioned because of a misunderstanding regarding the delinquency date on the dog license, many people have not wanted to pay the fee until the dog license could be resolved, and now, the date has expired. He asked because of the confusion if it would be possible for the Council to waive charges on the de- linquency to the 31st of August for this year only. Councilman Jackman did not agree, Mayor Pro Tem Miller noted many people have already paid the delinquency. Mr. Sorensen said -if the Council is desirous of changing the delinquent date it can be done by changing the language in Exhibit Ag then next year at the time of fixing fees, if the Council wished to do so it could change it back again. It was moved by Councilman Mackaig to amend the Resolution and change the de- linquency date to August 31st, The motion died for lack of a second. Roll call vote on motion to adopt Resolution No, 3589. AYES. 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT. 1 Council Member. Greene Peggy Matson, 7736 Otto Street, said the other cities pay a $10 fee, and if the City is going to license only dogs, it should be called a dog licensee Mrs. Zoltan Puskas, 7614 Sarabeth Street, stated many of the older people own dogs and cannot afford to pay the fee, much less a 100 percent increase. Also, she does not feel the license fee should be considered as income for the City. Mrs. Puskas said the animal control shelter is inadequate. She favored the licensing of cats, Mr, Bussiere, Director of the Southeast Area Animal Control, informed Mrs. Puskas the present facility utilizes animal runs designed and manufactured by one of the number one companies in the United States manufacturing cage units, and they are also used by many veterinarians and veterinary hospitals throughout the United States and exceed all Federal and State humane standards established, Mr. Bussiere pointed out the new facility being built is modern and probably exceeds the standards of any other agency in the Country. Dr, Henry DeKuyper, 7625 Sarabeth, insisted an agreement was made at a Council Meeting that the delinquency date would not be enforced until this matter was settled. Council Minutes 8/22/78 -6- He complained that the majority of the animal control is financed by dog owners, and he voiced disappointment that the license fee was not reduced lower than 25 percent and no license fee has been set for cats. Mr.. Bussiere mentioned that approximately 90 percent of the cats brought in to the shelter are captured by citizens through a program of furnishing cat traps. He compared the nature of a cat to that of a dog and noted that those cities who license cats have found it feasible only from a voluntary standpoint. He suggested there might be consideration given to charging a fee on animals that are captured, Mr. Norman Levin, 8018 Alameda Street, discussed his experience with the Animal Control and said dog owners are paying the costs for cat owners. He feels there can be a licensing program for cats, Dr. DeKuyper asked Mr. Bussiere questions concerning enforcement of the dog licensing ordinance. RESOLUTION NO. 3590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING UNITED STATES CONGRESSMAN DEL CLAWSON ON HIS RETIREMENT 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 the following vote to adopt Resolution No. 3590. Mayor Pro Tem Miller stated the Resolution and a plaque will be presented to Congressman Clawson by Mayor Greene„ Councilman Jackman asked that the Resolution reflect in Section 1 the 33rd Congressiotal District, The Council concurred. The roll call vote was taken on adoption of the Resolution, as amended. AYES- 4 Council Members- Jackman, Swearingen, Mackaig, Miller ABSENT. 1 Council Member. Greene CASH CONTRACTS Cash Contract on South side Florence Avenue - D{ver Mr. Spindel explained the SB 821 State Bicycle and Pedestrian Fund can be combined with the FAU Project for sidewalks along Florence Avenue, but there will be a delay of four to five months. He pointed out the property owner at the southeast corner of Hopeland and Florence has requested the sidewalk because of annoying problems with bicyclists driving through his driveway. Councilman Jackman concurs with the sidewalks proposed between Hopeland and hives but not between Lesterford and the San Gabriel River. Mr., Spindel stated Florence Avenue between Lesterford and the San Gabriel River is heavily travelled, and there are hazards to both pedestrians and bike riders in that area. Mayor Pro Tem Miller feels there is greater justification for the sidewalks be- tween Hopeland and Rives but cannot see constructing sidewalks at Lesterford when they lead nowhere. Mr. Spindel explained the sidewalk would connect to the bridge at the San Gabriel River which has a sidewalk on across to Wilderness Park and the bike trail and would provide a much safer route for bicyclists. Councilman Mackaig indicated he would vote for the sidewalks between Hopeland and Rives but not for the east end at Lesterford. Mr. Spindel indicated none of the property owners between Lesterford and the San Gabriel River have objected to the sidewalks. Mayor Pro Tem Miller requested that Cash Contract #434 be brought back with a drawing showing exactly what will be done, then, the Council will take final action on it. The Council Members concurred. Council Minutes 8/22/78 -7- Mayor Pro Tem Miller declared a recess from 9226 p,m, to 9:43 p.m. The meeting resumed with Council Members Jackman, Swearingen, Mackaig, Miller present; Mayor Greene was absent, MISCELLANEOUS COUNCIL ACTIONS Downey City Management Club Mr, Edwin Ho Wood, 9318 True Avenue, former Fire Chief and President of the Downey City Management Club, said the Management Club was formed several years ago to promote understanding and interdepartmental relationships through training programs related to the management process. He commented on the Management Club°s involvement in the 1978 Management Retreat to promote understanding with the City and develop goals and objectives, which were subsequently submitted to the Council, and he pointed out the management employees have given freely of their own time to make the retreats a success, Councilman Mackaig mentioned the reason for raising questions regarding the Management Club and Retreat was because he had no prior knowledge until he read an article in the newspaper. He said he has now received a copy of the letter on Proposition 13, as well as the copy of the Management's Goals and Objectives. Council- man Mackaig indicated he has checked with the District Attorney's office to see if the letter on Proposition 13 on Management Club stationery constitutes political involvement, but has not yet received an answer. He does not object to a management association so long as it is developed to improve the City's personnel, nor does he object to seminars or training programs; but, he does object to taking City money and spending it elsewhere. Councilman Mackaig urged the Management Club to refrain from becoming politically involved, Councilman Jackman stated he feels the Council should be invited to the retreats because it is the policy -making body of the City. It was moved by Councilman Jackman and seconded by Councilman Swearingen to remove from the Budget the amount of money to be spent for the retreat and have it brought back at the time it is held and the amount to be spent (see amended motion). It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to amend the motion to direct staff to have the amount of expenditure for the retreat approved prior to the retreat, Mayor Pro Tem Miller agreed the Council should attend the retreats with staff but the Council should also bear in mind staff is meeting together in good faith to come up with suggestions for policy Council might want to adopt, Councilman Jackman suggested staff should submit their plans beforehand. AYES: 4 Council Members: Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member: Greene Transfer Stations for Street Sweepings Mr, Spindel commented the City has built several transfer stations, and the Southern Pacific Transportation Company has agreed to lease to the City some of its right-of-way just west of Rives Avenue for $324 per year, and this would allow the City to store sweeping materials for that area. He said there is money in the Budget for construction of sweeper dump sites, and following this, one more station would be constructed in the Flood Control Right-of-way near Rio San Gabriel Park, He antici- pated the amount of construction for both sites is estimated at $3,000, which includes fencing, paving, and landscaping. It was moved by Councilman Jackman and seconded by Mayor Pro Tem Miller to authorize the Mayor to execute a lease with the Southern Pacific Transportation Company. AYES° 2 Council Members; Jackman, Miller NOES: 2 Council Members: Swearingen, Mackaig ABSENT: 1 Council Member: Greene Motion failed, Mayor Pro Tem Miller asked that this be placed on the Agenda for the next Meeting, Cash Contract #436, Bergman Lane m Sewer Mr. Spindel explained Bergman Lane is a private street with no sanitary sewer, and he commented on the undesirability of a private sewage disposal system, He Council Minutes 8/22/78 -8- mentioned it is proposed to undertake the first steps in providing a sanitary sewer, inasmuch as several residences are being built, and it will be necessary to acquire ten feet sewer easement from each property on the street; after acquisition, the Council will be asked to consider funds for construction of the sewer. He pointed out this is in the neighborhood conservation area, and it is possible Housing & Community Development Funds can be used for this phase. He noted after the sewer has been constructed, the property owners will pay a proportionate share for hook-up to the sewer line. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to approve appropriation to acquire sewer easements and transfer $2900 from Fund 72 to Account #72-13950, .AYES. 4 Council Members. Jackman, Swearingen, Mackaig, Miller ABSENT: 1 Council Member. Greene Amendment to Agreement for Maintenance of Police Vehicles Mr, Sorensen stated an agreement was prepared following last Council Meeting, which has been submitted to Downey Dodge and approved. He commented on provisions in the agreement covering the servicing of police vehicles between 40,000 and 50,000 miles. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Amendment to Agreement between the City of Downey and Downey Dodge, Inc., for Police Vehicle Maintenance, AYES. 3 Council Members. Jackman, Swearingen, Puller ABSENT. 1 Council Member. Greene ABSTAIN. 1 Council Member; Mackaig It was moved by Councilman Mackaig and seconded by Councilman Jackman to receive and file the Chamber of Commerce Quarterly Report for period April 1 - June 30, 1978, Mr. William Be Cole, General Manager of the Downey Chamber of Commerce, explained the Chamber is attempting to find ways it can save money. He said consideration is being given to handling only member -related services or routine inquiries. He cited the effect Proposition 13 has had on the Chambers of Commerce throughout the State due to the loss of municipal revenue, Mayor Pro Tem Miller said he would like to see the Chamber become self-supporting, and he suggested the Chamber seek further support from the business community. Mayor Pro Tem Miller then moved to withhold the $7,000 allocation from the Downey Chamber of Commerce. The motion died for lack of a second. Fees and Charge Increase for Use of City Park Facilities Mr, Neavill stated this has been reviewed by the Recreation & Community Services Commission and represents the first change in fees for use of the various facilities for approximately nine years. He said the philosophy has been to provide facilities at no cost to the local organizations and groups with the exception of private, commer- cial, and industrial groups. The proposed fees and charges would permit the City to continue services and provide appropriate staff. Councilman Mackaig pointed out there are several items he feels there should be a charge for, and if an organization needs a supervisor to be present, a fee should be charged to cover the City°s expenses. He objected to not charging local groups for use of ball diamond lights and a minimum fee for use of kitchen facilities at the auditorium. He feels the local groups should pay their fair share. Mr'. Neavill noted that in reviewing the fees, a number of groups were approached regarding their ability to pay, and most said it would be difficult for them to pay unless they held a special fund-raising event or charged admission. Many of the organizations make frequent use of the City"s facilities and would be hard pressed to pay for that use. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the recommendation of the Recreation & Community Services Commission and staff to adopt new park and recreation fees and charges. AYES. 3 Council Members. NOES. 1 Council Member. ABSENT, 1 Council Member, Jackman, Swearingen, Miller Mackaig Greene Council. Minutes 8/22/78 -9- , kl Mr. Spindel advised that lately, there has been a great deal of interest from various developers and agencies concerning the Heliport Site on Bellflower Boulevard, Also, he said, this property is being considered for possibility of relocating busi- nesses from the Redevelopment Area, particularly the Hospital area, Mrs Spindel indicated the property would first need to be declared as surplus, which has already been approved by the Planning Commission, and then advertised for proposals or bids to sell or lease the property. He noted the property could be divided into several parcels. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to declare the Heliport Site on Bellflower Boulevard excess property. AYES. 4 Council Members- Jackman, Swearingen, Mackaig, Miller ABSENT. 1 Council Member. Greene CITY MANAGER'S REPORT Mr, Spindel stated the County has advertised a tax sale for a certain portion of property in the street at 14608 Verdura Street. He said the area is 25 feet by 2 feet and has been used by the City for a number of years. The purchase price is $1,50 plus $4.00 postal charge. Possible advertising costs may also be needed. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to authorize the Mayor to sign an agreement for purchase of property at 14608 Verdura Street. AYES. 4 Council Members- Jackman, Swearingen, Mackaig, Miller ABSENT, 1 Council Member- Greene Mr, Spindel then suggested the Council might want to consider whether it wishes to set a tax rate in the event Proposition 13 is declared unconstitutional, Mr. Wynne stated any tax rate must be set prior to September 1st, and according to the information received from the City Attorney it would be possible to set a tax rate in accordance with the wording of Proposition 13 for indebtedness over and above the one percent. The State Retirement System payments the City contracted for in accordance with the City Charter which was approved prior to June 6th may be an allow- able tax rate over and above the one percent. Mr. Sorensen advised there are certain steps the Council can take if it desires to do so in an effort to protect contingencies that may result in raising additional funds. He mentioned there is a Charter provision which compels the City to become and remain a. member of the State Employees' Retirement System and pay the obligations re- quired to be paid thereunder, and the Council could determine the amount of money necessary to service this obligation and set a tax rate accordingly, Mayor Pro Tem Miller does not want to impose an additional property tax. He asked if the vote on Proposition 13 would supersede the City's Charter, Mr, Sorensen replied it is a matter now before the Court. Councilman Jackman inquired if Proposition 13 is declared unconstitutional, wouldn't the City go back to its previous tax rate? Mr. Sorensen responded it is possible; however, they are many uncertainties. Discussion followed regarding the effect of Proposition 13 on the unsecured tax rate. Councilman Jackman said if the tax rate will automatically go back to its pre- vious rate, he thinks the Council should do nothing, Mayor Pro Tem Miller said he feels the City should be in a position where it can join with other charter cities to institute action to prove whether or not the Charter is valid. It was moved by Councilman Jackman and seconded by Mayor Pro Tem Miller to authorize the Director of Finance to send a letter to the County Tax Collector setting forth the City's Charter provisions and specifying the city's tax rate. AYES: 2 Council Members. NOES: 2 Council Members. ABSENT: 1 Council Members Failed. Jackman, Miller Swearingen, Mackaig Greene Council Minutes 8/22/78 -10- ORAL COMMUNICATIONS Councilman Jackman requested a report back on whether the City has paid the membership fee to SCAG and also requested the fee not be paid until brought back to Council. It was so ordered. Councilman Swearingen inquired about calling the Dog License Fee an Animal License and include all animals, Councilman Jackman was requested to bring back a report on this from the Animal Control Board of Directors, Mr.. Spindel informed the Council that on August 24th, Secretary of Transporta- tion Brock Adams will be touring the 105 Freeway Corridor; he will begin in Downey and proceed westerly along the corridor, Councilmen Jackman and Miller have indicated they will attend, Councilman Mackaig said he will also plan to be there, Ms. Vartanian, 8603 Lubec, thanked the Council for going into detail on the Management Club and offered to pay for the stamp to send the tax rate letter to the County, which could save the City money later on. At 10:55 p.m., Mayor Pro Tem Miller recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 11:15 with Council Members Jackman, Swearingen, Mackaig, Miller present; Mayor Greene was absent. There being no further business to come before the City Council, the meeting was adjourned at 11:15 p.m, ' . ee VKUk2 C�o Je ne Gook, Deputy City Clerk -Treasurer Council Minutes 8/22/78 -11-