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HomeMy WebLinkAboutMinutes-02-27-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 27, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Resolution #3645, Ordering Annexation to Ltg. Maint. Dist. AD 121 (Annex. 79/1, Gallatin Rd.) Adopted Ordinance amending Zoning Map (Zone Change Case #139) Introduced Appeal, CUP #84, 10032 Paramount Bl. Fearing continued to (disco dance business) March 13, 1979 Zone Change Case #141, 12830-48 Paramount B1. Hearing continued to March 13, 1979 Appeal, Zone variance #54, 9530 Brock Av.: Reverse Planning Comm. & refer back for report Approved Direct City Attorney to prepare Ordinance rescinding or changing provision that Council actions reversing Planning Comm. be sent back to Commission for report Approved Executive session re litigation Minutes: Regular Meeting February 13, 1979 Approved Correspondence from Downey Chamber Commerce urging adoption of Ord. re Sale of Paraphernalia, etc., to minors Filed Denial of Legal Claims: Ref. #411 & #412 Approved General Warrants: #174083 - 174380 #205492 - 205532 Approved Ordinance #583, Prohibiting Issuance of Bldg. Permits on certain Portions Tweedy In. Adopted (emergency) Resolution #3646, Decl. Int. to Vacate portion of Alley E/o Paramount & S/o Comolette Ave. Adopted Resolution #3647, Revising Classification Plan (re Human Services Advisor) CC #SS-322, Imperial Hwy. & Paramount B1.: Award to Damon Const. Co. & waive bid bond irregularity (A/C #26-161B4 FAU & State Matching Funds) Zone Change Case #138 & Bell Gardens Annex. & De -annex. - Discussion by Mr. O'Donnell CC #439, Alley Const. N/o Fifth St. bet. Smallwood & Rives &,W/o Downey Ave. bet. Sth & Sixth Sts.: Award to Sully -Miller Contracting Co. & auth. transfer of funds Sale of Excess Property Well Site 11A, E/s Ryerson bet. Luxor & Benares, to adjoining property owner Downey Chamber of Commerce Quarterly Report for October 1 - December 31, 1978 Page 1 of 2 Adopted Approved Field trip to be scheduled Approved Authorized Approved s PAGE NO. 1 2 3 3 4 4 4 5 5 5 5 5 5 6 7 7 7 7 COUNCIL MINUTES,"FEBRUARY 27,'1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Contract with Fire Inspection Expert: Auth. City Manager to enter into contract without Workers Compensation Approved 7 Retention of Charles Goldstein, Attorney, for representing City in meeting & conferring sessions in negotiations w/employea organiza- tions & unions for fiscal year 1979-80 Approved 7 Discussion re Court decision for payment of City Manager to report back employee raises next meeting 7 Change in Council Agenda to show "Staff Recommendation" Approved 8 Reminder of League of Independent Cities meeting on April 25, 1978, Raffles Rest. 8 Meeting adjourned to March 6, 1979, 4:30pm 8 Page 2 of 2 MINUTES OF THE CITY COUNCIL . 6270 t OF THE CITY OF DOWNEY FEBRUARY 27, 1979 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 27, 1979, 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 r' Lyell W. Swearingen William L. Greene Chairman ALSO PRESENT: Charles W. Thompson, City Manager John H. Saunders, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief Howard F. Stup, Building Official Francis E. Carter, Assistant City Planner Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Swearingen. The 'Invocation was delivered by Councilman Jackman. HEARINGS Mayor Greene declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 79/1, Gallatin Road. He inquired if the City Clerk had the Affidavits of Posting and Publication, to which the City i Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to receive and file the Affidavits. Mayor Greene inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. There being no one present to speak in protest to the Annexation, it was moved by Councilman Jackman and seconded by Councilman Miller to close the hearing. RESOLUTION NO. 3645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA INTO LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 79/1) The Resolution was read by title only. It wasmovedby 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. 3645. Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No. 139, west side of Lakewood Boulevard,-Sth Street to within 150 feet of Firestone Boulevard. He inquired if the Citv Clerk had the Affidavit Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to receive and file the Affidavit. Mr. Carter reported on the request to change the zone from R-3 (medium density multiple family residential) to C-P (professional office) and C-1 (neighborhood Council Minutes 2/27/79 -1 �kA commercial). He commented on the current development of the properties, noting six of the 19 lots are developed with commercial uses granted under zone excep- tion. The zoning of the properties would be in keeping with the adopted General Plan and existing commercial developments, " Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing. ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNER AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO, 243, ZONE CHANGE CASE N0, 139) 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 unanimous vote to introduce the Ordinance, Mayor Greene declared that this is the time and place for the public hearing on Appeal to Conditional Use Permit No. 84, 10032 Paramount Boulevard. He in- quired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller to receive and file the Affidavit. Mr. Carter reported on the request to establish, operate, and maintain a disco dance business, snack bar and coin operated game arcade with no alcoholic beverages on the property. Depending on expansion of the building, the requested operations would require 175 on -site parking spaces, but the existing lot provides only 43. He commented on the zoning of the surrounding properties and said the Planning Commission's denial of the case was based on the inadequate off-street parking. Mayor Greene inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied a letter in apposition was received from Howard 0. Wolf and a petition in opposition was filed by property owners and shop keepers in the general proximity of the property ift question. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to receive and file the letters of protest, Mayor Greene inquired if there was anyone present who wished to speak in favor of the appeal, Linda Soto, 9331 Washburn, the appellant, said she requested a letter of the hearing date so she could have legal representation; however, she did not receive' a letter, and she then asked for a continuance of the hearing, Mr. Shand stated he did not receive a request for a letter from Mrs. Soto. Mr. Carter said the Planning Division carries an application in the property owner's name, in this case Mr. Burbeck, and notification of the hearing was sent to Mr. Burbeck. Councilman Jackman stated he would like to hear the testimony of those who are present for this hearing. Councilman Miller concurred. Mr. Sorensen advised it is customary for the one making the appeal to speak first, those who are in opposition speak second, and then the appellant has the opportunity for rebuttal. He said there should be a specific waiver on the record that if the appellant wishes to continue the hearing that she accepts the procedure allowing the opposition to speak tonight and then only the appellant or her repre- sentative speak next time. Otherwise, the entire hearing should be held at this time. Council Minutes 2/27/79 -2- Mrs. Soto consented to the waiver. , 272 Mrs. Evelyn Burbeck, representing Wilbur Burbeck, David Burbeck, and Harry James Burbeck, owners of the property, stated Mrs. Soto did not receive the notice. she requested. She does not feel the disco dance business will be a detriment to the neighborhood, and young people have to travel to another city to find a disco establishment that does not serve liquor or has gambling. There being no one else to speak in favor, Mayor Greene then inquired if there was anyone present to speak in opposition. Mrs. Carol Pascuzzi, 8038 Dinsdale, commented on the close proximity of her property to the Burbeck property and of the existing noise at the intersection of Florence and Paramount. She cited statistics of accidents for that corner as being the second highest for accidents in the City for the last six years. She said the alley behind her home is used as a raceway, and with more traffic it would be worse. Chief Martin concurred that Downey and Paramount for the last three years has rated in the top three for accidents in the City. Mr. Dennis Pagenkopp, 9925 Parrot, said this is not a business for a family neighborhood; most businesses in the area are small and not open during the even- ings. He said it could bring in many people from other areas increasing the traffic on his street. Thelma Singleton, 8139 Dinsdale, concurred with the previous speakers in opposition and stated concern regarding the alley being turned into a race track. Mr. Richard Joy, 8048 Dinsdale, asked for a show of hands of those present in opposition to the appeal, and approximately 12 people raised their hands. Louise Jones, 10009 Parrot Avenue, feels the disco would require more policing by an already overworked Police force in the City. There being no one else present to speak in opposition, it was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by unanimous vote �- to continue the hearing on Appeal, Conditional Use Permit No. 84, to 7:30 p.m., -"t March 13, 1979, in the Council Chamber of the Downey City Hall. Mayor Greene asked that the continued hearing be placed first on the Council Agenda of March 13th. Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No. 141, 12830-48 Paramount Boulevard. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Councilman Jackman explained he will request a continuance of the hearing to the next meeting in order to investigate input he has received. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to continue the hearing on Zone Change Case No. 141 to 7:30 p.m., March 13, 1979, in the Council Chamber of the Downey City Hall. Mayor Greene declared that this is the time and place for a public hearing on Appeal, Zone Variance No. 54, 9530 Brock Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mr. Carter reported the request is to enlarge an existing single car garage an additional eight feet; but to accommodate the expansion, the sideyard setback must be modified from four to two feet. He said there are approximately 46 lots on the applicant's block, nine of which have attached single car garages, and the other properties have a detached two -car garage to the rear. The distance between the houses is 10-12 feet or greater. 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 inquired if there was anyone present who wished to speak in `favor of the appeal. Mr. Ronald Ross, 9530 Brock Avenue, requested he be allowed to expand his single garage so that he can have offstreet parking for both of his vehicles. Council Minutes 2/27/79 -3- r A6pl3 Mr. Thompson said he understands this would block access to the rear yard, and he asked Mr. Ross how he would gain access to the rear of the property if the garage were expanded. Mr. Ross replied there is a gate and walkway on the other side of his house. There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Mackaig and seconded by Councilman Swearingen to close the hearing. Mr. Carter responded to questions of the Council and pointed out that in the particular area of Brock Avenue there are no two feet side yards --to grant a two foot side yard would be a grant of special privilege. He explained the intent of the four foot sideyard setback as set forth in the Zoning Ordinance is a minimum setback needed to provide emergency access around buildings. It also provides for light and air ventilation. Councilman Miller stated he feels a two foot side yard could be maintained if there was some assurance from the adjacent property owner that he would not add onto the side of his house; and if the adjacent owner is agreeable, he could sign a covenant or condition to be recorded on his property. With that in mind, he said, he would be agreeable to granting the variance. Mr. Sorensen explained if the Council wants to reverse the Planning Commission, this would have to be referred back to the Commission for its report. Then upon the report coming back, the Council can take final action. Also, if the Council wishes, it may recommend a condition being attached that a covenant be recorded giving the applicant an easement over the adjoining property. Mr. Ross indicated he would not want to impose any conditions on his neighbor. Councilman Mackaig said one of the main endeavors in the City is to provide offstreet parking. He mentioned that he has measured his own property from the side of his house to the retaining wall, which is two feet. Therefore, he would be inclined to vote in favor of the variance. It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by the following vote to reverse the Planning Commission on Zone Variance No. 54 and refer it back for report. The other Council Members were not agreeable to including the condition suggested by Councilman Miller. AYES: 4 Council Members:, Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: . Miller Councilman Miller suggested a meeting between the Council, Planning Commission, and Planning staff and then possibly have an unbiased Planner at the meeting to help the Council understand why ordinances are written the way they are. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to direct the City Attorney to prepare an ordinance rescind - to the Commission Councilman Jackman stated he, can see no purpose for sending this Zone Variance back to the Commission. Discussion followed. Councilman Mackaig concurred the Council should meet with the Planning Commission because there are too many differences of opinion between the Council and Commission. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene At 8:37 p.m., Mayor Greene recessed the meeting to executive session to discuss pending litigation The meeting resumed at 8:55 p.m. with all Council Members present. CONSENT CALENDAR It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by the following vote .to approve the Consent Calendar: Council Minutes 2/27/79 -4- Minutes: Regular Meeting, February 13, 1979. Correspondence from Downey Chamber of Commerce urging adoption of Ordinance regarding Sale of Paraphernalia, etc. to minors. Denial of Leaal Claims. Ref General Warrants: #174083 - 174380; #205492 - f205532: $849262.13. AYES. 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene ORDINANCE NO. 583 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF BUILDING PERMITS ON CERTAIN PORTIONS OF TWEEDY LANE (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt emergency Or{linanpe No. 583. RESOLUTIONS RESOLUTION NO. 3646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE A PORTION OF THE ALLEY EAST OF PARAMOUNT BOULEVARD AND SOUTH OF COMOLETTE AVENUE The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3646. (Sets hearing for March 27, 1979). RESOLUTION NO 3647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE CLASSIFICATION PLAN The Resolution was read by title only. Mr. Thompson explained this would be reclassification of the Human Services Advisor position, placing the schedule of pay the same as the Recreation Supervisor, He .said Mr. Mike Testi, the Human Services Advisor, has been doing an outstanding job; this was requested prior to last budget but was delayed; and money has been appropriated for this. A discussion was held regarding what would be paid for fringe benefits. Mr. Thompson pointed out this is being brought up because Mr. Testi is the only one of this classification in the City, and his qualifications are unique. He said Mr. Testi has successfully counselled many young people, and the schools have indicated Mr. Testi's great value in working with the youth. Mr. Thompson also mentioned Mr. Testi deals with cases of drug and alcohol addiction and performs family counselling services. it was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Mayor Greene, seconded by Councilman Swearingen, and passed by the following vote td'adopt Resolution No. 3647. Chief Martin commented on the extra duties Mr. Testi has absorbed with the boxing program, which he said has been very effective. Mr. Testi started the pro- gram on his own time in the evening without any compensation. He believes Mr. Testi earns the compensation recommended. Councilman Jackman requested a report on how many boys are involved in the boxing program and where they live in the City. Further discussion ensued. Council Minutes 2/27/79 -5 Councilman Mackaig suggested waiting uaztil Budget session and then do all of the increases at the same time. AYES. 4 Council Membersa Jackman, Miller, Swearingen, Greene NOES, 1 Council Member- Mackaig CASH CONTRACTS Cash Contract #SS-322, Imperial Highway and Paramount Boulevard Mr. Spindel stated in addition to the award of contract, it is recommended the Council waive the irregularity in the bid bond. Mr. Sorensen explained it has been the Council's custom in the past to waive the irregularity, and the contract will not be approved until the contractor fur- nishes the required bond. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to award Cash Contract #SS-322 in the amount of the unit prices bid, to Damon Construction Company, the lowest and best bidder (Account #26-16184 FAU & State Matching Funds), and waive the bid bond irregularity. ORAL COMMUNICATIONS Mr. Dennis O'Donnell of Coldwell-Banker Commercial Brokerage Company, addressed the City Council to provide new input from the owners of the property regarding Zone Change Case No. 138 and the Bell Gardens annexation and de -annexation of property. He said the Council requested the City of Bell Gardens be approached regarding whether it would consider changing the current zoning of the property to be annexed by Downey from the present M-1 to R-2, and Bell Gardens refused to pursue it. It is his understanding members of both cities have discussed the boundaries north of Foster Bridge Road and that the City Council would like more input or feedback con- cerning further consideration of boundary adjustments north of Foster Bridge Road. He has been instructed by the property owners he represents to indicate they fail to understand how this is relevant. Mr. Thompson stated that at the meetings with people in the neighborhood, they felt there was a relevancy and also felt there was some potential threat to their existing property. He said upon their request, additional discussions were initiated to determine if, during the time of going to LAFCO for restudying the corporation boundaries between the two cities, it would be appropriate to change the boundary on the northern portion so as to remove the threat the residents feel, and hopefully remove their objection to the proposal. Mr. O'Donnell indicated it was, his understanding further contact would be made with the Flood Control District, who controls that property, to determine what their thoughts would be in terms of future implications, projections, developments, declarations of surplus property, etc. He has been told a letter exists dated November 1, 1978, from one member of the Ground Water Division of Flood Control to another, and it was indicated in the letter that any future consideration of that area would be considered detrimental to the citizens of both Downey and Bell Gardens because it acts as a water basin reservoir. -Mr. Spindel said the City of Downey has not as yet received a copy of that letter. He noted the Flood Control at the present time is experiencing severe financial difficulty, and in the future it might be more so. Mr. O'Donnell mentioned that pursuant to a previous request of Councilman Jackman concerning the specifics as to how much land is to be annexed and de -annexed by the two cities, the property owners solicited and placed on retainer a licensed surveyor engineering firm to determine the precise boundaries and net acreage of the properties involved and to determine the exact position of the Southern California Gas pipe and adjacent easement. The net acreage is determined, including the fact that the pipeline does not affect the property on the southeast corner of Scout and', Suva. At the request of the property owners, he has prepared the LAFCO petition document, which they have signed, and the final LAFCO application will be typed ---- within the next week to ten days. Mr. O'Donnell pointed out that both properties are void of any productive income --they are a dumping ground for refuse. He said he has been authorized by the owner of the property containing the hole that he will, without benefit of an existing offer, install a 42 inch pipe required by the Flood Control and fill and compact the property at the estimated cost of $70,000 $100,000. Mr. O'Donnell extended an open invitation to the Council for a tour of recent developments of the type, shape, and size of buildings anticipated to be potentially developed on the two properties consistent with code requirements, including landscaping. Council Minutes 2/27/79 -6- ® 6276 Councilman. Miller suggested including the citizen's group that has been working on this. Mr. O'Donnell agreed. Mr. Thompson will make the arrangements with Mr. O'Donnell. Mr. O'Donnell advised he attended the Bell Gardens City Council meeting last evening and that the Council reaffirmed its previous approval. There was no dis- cussion about any boundary line adjustments, CASH CONTRACTS (continued) It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to award Cash Contract #439, Alley Construction (1) North of Fifth Street between Smallwood Avenue and Rives Avenue; (2) West of Downey Avenue between Fifth and Sixth Streets, in the amount of the unit prices bid, to Sully --Miller Contracting Company of Long Beach, the lowest and best bidder, and authorize transfer of funds in the amount of $5,200 from Account #21-13952, and $500 from Account #21-13955 to Account #21-13953 (A/C #21-13953). MISCELLANEOUS COUNCIL ACTIONS It was mowed by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the Sale of Excess Property Well Site 11A, located on the east side of Ryerson Avenue between Luxor and Benares, to the adjoining property owner. it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to approve the Downey Chamber of Commerce Quarterly Report for the period October 1 - December 31, 1978. Contract with Fire Inspection Expert Mr. Sorensen advised it is contemplated this will be an independent contractor and, therefore, there will not be any Workers Compensation benefits. Responding to questions, Chief Davis commented on the difficulty other cities have had in filling such a position within their Fire Departments. He discussed the contract requirements for the specialist to work a guaranteed minimum of 32 hours a week and of the need for this expertise in the Fire Prevention Bureau. This will not increase the Departments manning table, but it will reduce the Budget to some degree because there will be no fringe benefits paid. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the City Manager to enter into a contract with an independent Fire Inspection Expert, provided the contract is entered into without Workers Compensation. CITY MANAGER'S REPORT Mr. Thompson recommended the Retention of Mr. Charles Goldstein, Attorney at for the purpose of representing the Citv in meetina and conferring sessions 1979-80 and possibly future multi -year contracts. The contract is identical to th one drafted two years ago except the hourly rate is $80 instead of $70. The total expenditure under the last contract was $13,500. Councilman Jackman indicated he would be willing to vote approval this time, but would prefer more notice next time. He said he would rather have someone else and feels the Council should set the parameters which Mr. Goldstein must work under. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to authorize the City Manager to enter into a contract with Mr. Charles Goldstein, Attorney at Law, for representing the City in meeting and conferring sessions with City employee organizations. AYES. 4 Council Members-. Jackman, Miller, Swearingen, Greene ABSTAIN. 1 Council Member. Mackaig ORAL COMMUNICATIONS Councilman Miller inquired regarding how the Court°s decision for payment of employee raises effects Downey honoring its Memorandums of Understanding (MOU). Council Minutes 2/27/79 -7- :; 6277 Mr. Sorensen replied it did not relate to Downey's case specifically because word has not been received that the Supreme Court accepted the petition, although the principles announced in the case would prevail. The opinion becomes final March 17th absent some action by the Court. He said in effect what the Supreme Court said is the provision to annul increases under MOD's was contrary to both the Federal and State Constitutions and that the matter of raises, salaries, and compensation to employees is a matter of municipal fare and not subject to State legislation, He also said insofar as General Law Cities and employees not covered by MOU's are concerned, the Court indicated it was the intent to treat all employees alike, and they are entitled to receive raises that would be granted or compelled, Mr. Thompson said the Finance Department is making preparation to abide by the decision and previous actions of the Council. He will report back next meeting. At the request of Councilman Mackaig, the Council Agenda will be changed to show "Staff RecommendationB9 rather than "Recommended Council Action," Mr, Thompson requested each Council Member place on his calendar the League of independent Cities meeting to be held the evening of April 25, 1978, at the Raffles Restaurant, There being no further business to come before the City Council, the meeting was adjourned at 10.-05 p.m. to 4e30 p.m., March 6, 1979, in the Council Chamber of the Downey City Hall, �6 Robert L, Shand, City Clerk -Treasurer /Xz� Z.lkae�_ William L. Greene, Mayor Council Minutes 2/27/79 -8-