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HomeMy WebLinkAboutMinutes-08-14-79-Regular MeetingMINUTES OF THE CITY- OF TEE CITY OF DOW= AUGUST 14, 1979 T A B L E O F M I is U T E A C T I O N S SUBJECT: ACTIC": PAGE YC. Minutes: Reg. Mtc,., July 24, 1979; Spec. Mtg., July 30, 197,9 Approved 1 Denial of Legal Claims: Ref. #427 & 431 An_proved 1 S.S. Proj. #339, _slur _ S::a1, FY 1 7.-79: Accept imprvmts. (A/C #10-45426 & 26-16207, Ar-nrc�.ed 1 CC #448, Reconst. of Allevs: Amend 1979-8C Budget allowing substitution of alley t•.',%o Smallwood bet. 2nd & 3rd Sts. for alley_ E/o LaReina bet. 5th & 6th Sts: General warrants: 41,7099 - 177515 #2C59�_ - 20501? nc_ _ved 1 Allow occasional recreational vchi-le access rights to Burns from 11401 proles Approved 1 Doar.ev Chamber of Commerce Quarterly Activity Report 4/1-6/30/79 Received & filed 1 Rent Control Appeals Board -No action; Bd. Realtors to discuss possibility of working with tenant grow_ s 3 Ordinance #603, Apprvg. & Adopting a Redevelopment Plan Amndmt. for Dosmey Redevelopment Proj. Area as Official Redevelopment Plan for such Proj. Area Adcpted 3 Resolution Auth. Time Limit Parking & No Stopping Restr. or. Firestone B1. & Failed; no objection. to Traffic Rescinding Res. 4779, 1190, 1205, 1305, Com^;. coming back w/i-1/2 hr. 1768, 1861, 2234, 2274, 2308 & 3393 parking restr. 4 Request for hearing on Appeal, Zone Variance #85, 8200 Firestone Bl. Set for 9/26/79 4, 5 Resolution #3711, 2-hr. Prkq. Restr. Weekdays on B/s Alameda St. bet. T_akcwoed & Patton. & B/s Marbel N.ly. 350' from Alameda & rescind all prior Resols. Adopted $ Resolution #3712, Apprvg. Final Parcel Map #11834 (Planett N/e Orange) Adopted 5 Parcel Map #11834, Planett N/o Crance: Set park fee Approved 5 Resolution #3713, Est. 4th Water Service Zone for Separate SSatcr Rates Adopted 5 Resolution #3714, Apprvga Appl. for Proj. Subgrart under Title III of Older Americans Act (Apollo Park Neighborhood Center) Adopted 6 Appoint Planning Com.. as interim Design Review Bd. for 120 days & have Citv Attorney prepare Ordinance incorperatin� both Bldg. Appeals Bd. & Design Review Bd. into one Approved 6 Suppl. allocation fror.. General Fund for providing recreation programs to middle & high school youth of cormu:iity Failed 7 Page 1 of 2 COUNCIL MINUTES, AUGUST 14, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Agmt. w/Berryman & Stephenson, Inc., for design & const. plans for Wilderness & Independence Parks Approved 7 Addendum to Lease Agmt. bet. City & Downey Theatre Foundation & change name of "Foundation" to "Association" Approved 7' Agmt. w/County re City's participation in Coordinated Paramedic Communications System ._-- & appl. for reimbursement under Calif. State Grant Program Approved 7 Hearing on revocation of permit to solicit in City Set for 8/28/79 7 1979-80 City Attorney's Retainer Fee: Auth. $2,352 per mo. w/City Attorney paying his PERS contribution Approved 8 Bid proposals received for Banking Services: Failed; study session set for By resol. transfer all City funds out of 4pm, 9/5/79, for mtg. w/City Mgr., Bank of America & deposit into local bank Mr. Wanamaker, & Mr. Leege re w/home office in Downey banking services 8 I-105 Freeway: Staff to set time & date f/meeting w/Corridor Cities to discuss ' latest Order of Judge Pregerson 8 Zoning Ordinance: Planning to submit revision permitting posting of notices in lieu of mailing notices 91 Meeting bet. Downey Comm. Hospital & City - Council to discuss Hospital Budget 79-80 Mayor to schedule meeting 9 Discussion re fence around well site on Rundell & Julius 9 Mr. John Byork to serve as SCAG rep. on I-105 Fwy. No objections 9 Mayor to circulate letter supporting Cn. Jackman as Corridor Cities appointee Council concurred 9 Req. for Council support of Calif. legis. overriding Governor Veto of SB 190, Budget Letters to be prepared for Bill re Licensing of Engrs. in Calif. Mayor's signature 9 Executive session for update report on Downey Museum of Art 9 Terminate Agmt. w/Downey Museum of Art Approved 1 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 14, 1979 The City Council of the City of Downey held a regular meeting at 7.30 p.m., August 14, 1979, in the Council Chamber of the Downey City Hallo Mayor Kenneth U. Miller presiding, PRESENT. Council Members Milton R. Mackaig Theodore H. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT. John H. Saunders, Acting City Manager Leland C. Dolley, Acting City Attorney Ervin Spindel, Director of Community Development Ronald W. Leege, 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 Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Jackman, The Flag Salute was led by Councilman Greene. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to approve the Consent Calendar. Minutes. Regular Meeting, July 24, 1979, Special Meeting, July 30, 1979. Denial of Ref. #427 S.S. Project #339, Slurry Seal, Fiscal Year 1978-79. Accept improvements constructed (Account #10-45428; #26-16207). Cash Contract #448, Reconstruction of Alleys Amend 1979-80 Budget by allow- ing a substitution of alley west of Smallwood between 2nd and 3rd Streets for alley east of LaReina between 5th and 6th Streets, General Warrants #177099 - 177515; #205990 - 2060192 $1,317,617.60. Allow occasional recreational vehicle access rights to Burns Avenue from 11401 Pruess Avenue. Downey Chamber of Commerce Quarterly Activity Report for April 1 - June 30, 1979. ORAL COMMUNICATIONS (Items not on Agenda) Noting the number of people present in the audience who may wish to speak re- garding rent control, Mayor Miller then asked that the proponents in favor of rent control or a mediation board speak first, with the opponents speaking second. He asked for the City Manager's Report on this matter, Mr. Saunders commented on the log the City has kept on the number of calls received pertaining to excessive rents. He said survey forms were subsequently handed out to obtain more detailed information, 25 of which were filled out and eight calls have been received. He outlined three major objectives recommended by staff, which could be fulfilled by the establishment of an appeals board consisting of five members, all to be appointed by the Council, Mr, Saunders stated it is further recommended that three of the members consist of a representative of the landlord's association, a representative of the renter's association, and one senior citizen to be nominated by those respective groups for Council appointment, and that the other two members be citizens who are not landlords and have resided a minimum of Council Minutes 8/14/79 -1- seven years in the City. He cited criteria for hearing complaints and remarked on the duties of the appeal board fcr conducting hearings on grievances, making recommendations for possible remedy, and submitting public reports and recommenda- tions back to Council, Mr. Saunders stated it is further recommended the board be established by ordinance at the earliest possible time with a clause that the board will be discontinued no later than December 31, 1981, unless renewed by the Council prior to that time. Sharon Hawkins, 8101 Leeds Street, commented on her previous request for the Council to establish a board to help tenants with problems such as health and safety code violations, fair housing for children, rent gouging, and unjust evictions. Ms. Hawkins cited the problems confronting renters and pointed out many are afraid to speak out for their rights because they fear eviction, She mentioned she is speak- ing on behalf of the Downey Citizens for Fair Housing, Linda Presta, 8102 Crange Avenue, said she has received a 30-day notice to move" and requested the Council to possibly deal with her landlord on a one-to-one basis to obtain more time for her to find another place to live. Mr, Richard Crowe, 9117 Hasty Avenue, commented homeowners received benefits from Proposition 13 but the renters did not. He cited a two percent vacancy factor throughout the State, which he said has created a crisis situation. He called for moderate rent control in the City of Downey. Mr. James Kris, 10253 Hopeland Avenue, an apartment owner and real estate appraiser, concurred with the vacancy factor and indicated he feels there is less rent gouging in Downey than in the poorer sectors of the State. He commented on the financial burden facing landlords because of declining bank loans and money needed for maintaining apartments. He does not favor rent control. Mr. Armond Sarcomo, 7350 Florence Avenue, read from newspaper publications on the subject of rent control and mentioned he lived under restrictive rent control in New York City, He said something needs to be done, whereby if a board is established, it will be able to solve tenant, landlord, and community problems, Mr. Sarcomo indicated that in conducting a survey of 19 apartment buildings in the four Council districts he discovered there has been an average 18 percent increase in rents within the last few months, Mr. Gene Zechmeister, Executive Vice President of Apartment Association of California Southern Cities, spoke against rent control and indicated the City of Los Angeles' proposal to find more affordable housing for low income families will not be met because of rent control within its city, Mr. Zechmeister recommended the City Council establish a mediation board to settle differences with tenants in the area,, but suggested the board be larger in order to cover all of the problems it will be faced with, and he offered his assistance to this matter. Mr, Ernie Briggs, 7837 Bairnsdale Street, President of the Downey Board of Realtors, stated for the record the Board of Realtors' position is that it is unilaterally opposed to rent control in any form, and he extended the Board's request that the Council not vote for a mediation panel until the Board has had an opportunity to study the proposal, Mr, James Santangelo, 8426 Dacosta Street, stated that as a realtor, it is his opinion the landlord's rents are far lower than the point he could raise them to. Also, he said the renter is generally paying less monthly rent than the homeowner who is purchasing his home, but that they have similar incomes, Mr. Larry Hoag, 7730 Fourth Place, spoke against rent control and asked the Council for a "no', vote on the appeal board, He said if the Council does not vote no, he would ask that this matter be postponed so a proposal can be properly structured and then studied, Mr. Lynn Wessel, legislative advocate for the Los Angeles County Boards of Real Estate, commented on mediation boards set up in West Covina and the discovery'___, that most rental complaints were not related to gouging but to maintenance, He pointed out that where mediation boards have been set up in other cities they have never had force of law, Grace Ashilian, 8031: Cole Street, said she is a Downey realtor specializing in apartment houses, and she is also a tenant, She compared the cost of her monthly rent to what it would cost her if she were purchasing a home, and she also indicated her rent is approximately $50 a month low. She responded to comments of other speakers, pointing out many of her clients maintain lower rent to keep their tenants, Council Minutes 8/14/79 -2- ,`Gam Mr, William Greene, 1C225 Chaney Avenue, concurred with ccmments made in oppo- siticn to rent control and a mediation board. He offered as an example his experience as a landlord in Laguna Beach, He voiced his opposition and proposed Downey be cautious and take its time concerning a mediation board, Mr, Willis Green,, 7527 Cleargrcvs Drive, said he purchased a home to rent at $600 per month and received only one call to his advertisement, He does not see where renters are being abused, Mr, Jack Robinson, 8615 Florence Avenue, said he and his partner have operated apartments in the City since 1960, and over that period of time his increases in rent have not exceeded one-half the cost of living increases for the Los Angeles basin, He stated his opposition to rent control and added that rent control is net equitable, nor is it the solution, Mr, Martin Burley, 8621 Birchbard, requested the Council to not impose any government controls and to let free enterprise work, Mr. Hoag mentioned that only 25 out of ll,00o apartment units in the City have filled out forms provided by the City, Mr. Kris suggested that if any board is to be established, that it should have objective information from outside sources having nothing to do with Downey, and that there be two -to -five unbiased appraisal firms comparing Downey°s rents with other cities in Southern California, Councilman Mackaig voiced his opposition to any rent control or abitration board, Councilman Jackman said he has received only two calls since this has been publicized, and unless there is a real ground swell showing there is a problem, he does not feel the Council should do anything. He does not feel a mediation board as proposed would have any value, Councilman Swearingen is also opposed to rent control and any review board, Councilman Greene is against rent control and mentioned he received approxi- mately five letters from one management company, Mayor Miller mentioned he has always been opposed to any controls of the free enterprise _system and asked if the Downey Board of Realtors would be interested in working with tenants to analyze their problems to see if "there is rent gouging, Mr. Briggs replied he feels the Board would be willing to do this, but he would first have to get the membership's approval, Mayor Miller then inquired about the authority under which a City could establish rent control, Mr. Dolley replied it is his view that before a city can enact rent control there must be a basic need for it, and this is being tested in a number of cases now pending in the courts, Mr. Briggs informed the Council he feels the Apartment Association would be in a better position to work with the tenants and analyze their problems. In response to Mayor Miller°s suggestion that perhaps the Board of Realtors, the Apartment House Association, and the tenants could work together, Mr. Briggs said he will discuss this with the Board's membership, Mayor Miller declared a recess from 9-25 p.m. to 9 35 p.m. The meeting resumed with all Council Members present, ORDINANCES ORDINANCE NO, 603 AN ORDINANCE OF THE C0UNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING A REDEVELOPMENT PLAN AMENDMENT" 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 Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No, 603, Council Minutes 8/14/79 -3- sae RESOLUTIONS RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING TIME LIMIT PARKING AND NO STOPPING RESTRIC- TIONS ALONG FIRESTONE BOULEVARD AND RESCINDING PRIOR RESOLUTION NUMBERS 779, 1190, 1205, 1306,, 1768, 1861, 2234, 2274, 2308 AND 3393 The Resolution was read by title only, It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman and seconded by Councilman Mackaig to adopi the Resolution, Mr. Bob Kiskadden, 7447 Ciro Street, said the 3300 to 6,00 p.m. parking _- restriction will have an extreme effect on the four businesses located on the south- west corner of Paramount and Firestone, which he said cuts between 25 and 30 percent out of the business day in terms of parking access, Mr. Kiskadden recommended the north side of Firestone be posted from 6s00 to 8,00 a.m. because most businesses are not open before 8:00, and that all restrictions on the south side be eliminated until a coordinated plan can be worked cut with the Traffic Committee. Mr, Spindel explained the Traffic Committee went over this matter very thoroughly and that Mr. Kiskadden was the only objection. During discussion, Mr. Spindel explained the proposal of Caltrans to install a new signal coordination system, restriping, and narrowing the island to make three lanes during peak hours for each direction on Firestone in order to get a much better traffic flow and safer operation on Firestone, Mr, Kiskadden stated he would not object to a 1-1/2 hour restriction during the critical period. Mr, James Santangelo, 8426 Dacosta, commented on the traffic flow at his former business location on Firestone and Woodruff which, he said, speeded up when the no parking restriction was imposed. AYES: 2 Council Members, Mackaig, Miller NOES: 3 Council Members, Jackman, Swearingen, Greene Failed, There were no objections to the Traffic Committee studying and coming back with a 1-1/2 hour parking restriction. Request for hearing on Appeal, Zone Variance #85, 8200 Firestone Boulevard Mr, Jack Robinson, 8615 Florence Avenue, discussed this case and noted the applicant has already appeared before the Planning Commission and City Council in attempting to seek approval of a mounted wall sign. He said the applicant's letter of appeal does not meet code requirements and he requested it be denied, Mr. Robinson stated if the Council does set it for hearing, he would request it not be set for August 28th since he cannot be present at that time. Councilman Jackman indicated he would like to set a hearing, but he would re- quest it be set for the second meeting in September since he will not be present for the first meeting in September. It was moved by Councilman Jackman and seconded by Mayor Miller to set a hearing on Appeal to Zone Variance #85 for 7:30 p.m., September 25, 1979. It was noted the League of California Cities meeting will be in session on September 25th but should be concluded that day, The City Attorney was questioned about denying the applicant's request on a technicality. Action was held pending Mr. Dolley°s review of the City°s Code, (See later motion, page 5.) RESOLUTION NOa 3711 A RESOLUTION OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING RESTRICTION WEEKDAYS ALONG BOTH SIDES OF ALAMEDA STREET BETWEEN LAKEWOOD BOULEVARD AND PATTON ROAD AND ON BOTH SIDES OF MARBEL AVENUE NORTHERLY 350 FEET FROM ALAMEDA STREET, AND RESCIND- ING ALL PRIOR RESOLUTIONS WITHIN THESE LIMITS Council Minutes 8/14/79 -4- The Resolution was read by title only. It was moved by Councilman Greens and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No, 3711, RESOLUTION NO, 3712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO, 11834 (PLANETT AVENUE NORTH OF ORANGE STREET) The Resolution was read by title only, It was moved by Councilman Greene and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Greene, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No, 37120 It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to set the park fee at $1,76 per square foot, or $943.36 total, on Parcel Map #11834, Planett Avenue N/o Orange Street, RESOLUTION NO. 3713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A FOURTH (4th) WATER SERVICE ZONE FOR SEPARATE WATER RATES The Resolution was read by title only. It was moved by Councilman Greene and seconded by Councilman Jackman to waive further reading, It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No. 3713, Questions were raised regarding having another water rate in Downey. Mr, Spindel explained the reason is that Downey is in the process of annexing a water connection from the City of Paramount, and it is felt by staff and the Water Board that annexing this area and applying an increase in the rate would create a storm of protests from the people involved. He said staff is working on equalizing the rates, and the first phase will be presented to the Water Board tomorrow evening. He responded to further questions regarding the purchase of the water system, Councilman Jackman feels this should be set at the Park Water Rate and that the City°s rates should be coordinated as soon as possible, Mr. Spindel noted.as soon as this purchase is completed, work will begin in the triangle area to consolidate that into the Downey system, Councilman Mackaig is opposed because of all the different rates, and he wants them equalized for everyone in the City. Further discussion ensued, AYES: 3 Council Members; Swearingen, Greene, Miller NOES: 2 Council Membersa Mackaig, Jackman Request for hearing on Appeal, Zone Variance n85, 8200 Firestone Boulevard (continued from page 4,) Mr, Dolley indicated he has reviewed the City°s Code, which does require the appeal letter set forth where the Planning Commission erred in its findings, He said although the Council could deny the applicant's request on that basis, he would recommend the Council accept the appeal letter. Because of the annual League of California Cities meeting scheduled for September, the Council Meeting of September 25, 1979, was set for September 26th, It was then moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to set a hearing on Appeal, Zone Variance n85, for 7230 p.m., September 26, 1979, in the Council Chamber of the Downey City Hall, Council Minutes 8/14/79 -5- RESOLUTION NO. 3714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PROJECT SUBGRANT UNDER TITLE III OF THE OLDER AMERICANS ACT The Resolution was read by title only, It was moved by Councilman Swearingen and seconded by Mayor Miller to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Greene, and passed by the following vote to adopt Resolution Noo 3714. Mr. Neavill explained the intent would be to install a new automatic sprinkles system at Apollo Park Neighborhood Center, which would be more economical and labor saving. AYES. 5 Council Members. Mackaig, Jackman, Swearingen, Greene, Miller MISCELLANEOUS ACTIONS It was moved by Councilman Greene and seconded by Councilman Swearingen to appoint the Planning Commission as the interim Design Review Board for a period not to exceed 60 days. It was suggested the Building Appeals Board serve as the Design Review Board. Mr. Goggin pointed out the Building Appeals Board deals more with materials, whereas design review would apply to aesthetics. He did say the Building Appeals Board is not very busy, but the Design Review Board will be, ouncilman Jackman feels the appointees on the Building Appeals Board would be qualified to serve on the Design Review Board. Mr, Goggin explained the Planning Commission has been serving as the Design Review Board, and in order for the Commission to continue, Council approval is needed. Mr. Dolley advised that the Building Appeals Board can serve as the Design Review Board if the Council changes the Ordinance, Councilman Mackaig suggested amending the motion to appoint the Planning Commission for four months instead of 60 days so the City Attorney can prepare the necessary Ordinance, Councilman Greene feels there should be some compensation for the Board, The motion and second were withdrawn. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to appoint the Planning Commission as the interim Design Review Board for a period of 120 days, and effective immediately have the City Attorney prepare an Ordinance incorporating both Boards into one, Mr. Stun suggested the Council may want to review the makeup of the Board and add two members. Mr. Goggin explained when the Building Appeals Board was established the membership was set at three, and the members were satisfied with that number. AYES. 5 Council Membersa Mackaig, Jackman, Swearingen, Greene, Miller It was moved by Councilman Greene and seconded by Mayor Miller to approve supplemental allocation of $12,000 from the City General Fund to account #10-4330,' for the purpose of providing recreation programs to the middle and high school youth of the community. Responding to questions, Mr. Neavill explained the City/School Recreation Committee discussed this but could not finalize it sufficiently in time for the City's budget deadline. He said the Committee and the Recreation & Community Services Commission feel this is a significant program as a budget supplement. He was asked if the School District is putting anything into this program, and he re- plied the School District has not been approached formally, Councilmen Jackman and Mackaig feel this should wait until next budget session and start the program next summer, Council Minutes 8/14/79 -6- -- 1 Mr. Neavill pointed out the School District did indi-sate willingness for use of its facilities, and that is part of this plan. Mr. Mike Huggins, Chairman of the Recreation & Community Services Commission, gave the background concerning a study conducted, with the result that the community is very void in providing any type services for the pre -teen and teenage youth. He pointed out the programs as designed were programs the teens said they would be interested in during their leisure, Councilman Greene said he was involved in some of the discussions but was under the impression this would be shared with the School District. AYES: 1 Council Member. Miller NOES- 4 Council Members; Mackaig, Jackman, Swearingen, Greene. Failed. with Berrvman and glans for Wild( Parks design and Referring to the Councils question last meeting as to why the lowest propo- sal was not accepted, Mr. Neavill explained qualifications of a firm are usually the criteria for selecting architects or consultants,, rather than the cost, He pointed out that one of the most significant factors involved in the selection of Berryman and Stephenson was the firm's ability to provide almost all construction inspection services, which was included in their bid figure, whereas other firms did not. Mr. Spindel stated that on the advice of the City Attorney concerning the selection of Berryman and Stephenson, Inc., as consultants for the Wilderness and Independence Parks improvements, he had no part in the plans, memoranda, or speci- fications for these projects, did not participate in the interviews, and did not have anything to do with the recommendation. for this firm°s selection. He also said he will not participate in the administration or supervision of this program. This statement, he'indicated, is made since after his retirement from the City in November of this year he will become associated with this firm, Mr. Spindel said he has been advised by the City Attorney that no conflict exists based on this statement. Mr, Dolley mentioned he has discussed this with Mr. Sorensen, and it is also his opinion that no conflict of interest under Proposition 9 exists. Mr. Neavill advised that per the City Attorney°s suggestion, or. page 4 of the Agreement, Paragraph No, 7, second line, the words "Director of Community Develop- ment" should be changed to "City Manager or his authorized representative." The Council Members expressed the feeling that if "there is any question as to priority, Independence Park should have the first priority on this project. It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve the selection of Berryman and Stephenson, Inc., as Consultant -Engineers for design and construction plans for Wilderness and Independence Parks, AYES. 3 Council Members. Jackman, Greene, Miller NOES: 2 Council Members. Mackaig, Swearingen It was moved by Councilman Jackman,seconded by Councilman Mackaig, and passed by unanimous vote to approve an Addendum to Lease Agreement between the City and the Downey Theatre Foundation, Inc., and change the name "Foundation to "Association." it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to approve an Agreement with the County of Los Angeles concerning the City's participation in Coordinated Paramedic Communications System and appli- cation for reimbursement in the amount of $2,000 under a California State Grant Program. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to set a hearing on Revocation of Permit to Solicit within the City of Downey, for 7:30 p.m., August 28, 1979, in the Council Chamber of the Downey City Hail. Council Minutes 8/14/79 -7- � 402, It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to authorize $2,,352 per month for the 1979-80 City Attorney's Retainer Fee, with the City Attorney paying his own. PERS contribution. Mr. Saunders said this may have to be set up where the City Attorney would pay the City the amount of money and the City would then pay PERS. Councilman Greene said before paying an increase he would rather direct the City Manager to pursue finding a City prosecutor to handle more and more situations that are occuring. Mr. Saunders pointed out this request does not increase the amount of money the City would be paying the City Attorney on a yearly basis but would be providing a more clear delineation of the hours and services provided. AYES- 3 Council Members° Jackman, Swearingen, Greene NOES: 2 Council Members. Mackaig, Miller CITY MANAGER'S REPORT Mr. Saunders commented on�the City Manager's Report concerning an evaluation of bid proposals received for Banking Services and a request of one of the banks for a delay on this matter until a meeting can be held with the City Manager, He said the City Manager has also submitted a policy for selection of an official depository for City Funds, Councilman Greene asked that the Council be invited to the meeting between the City Manager and Mr. Wanamaker, as well as the Finance Director, that this can be settled once and for all, Councilman Mackaig requested the Council take action on this tonight. He said he has received some information, and he is.ready to discuss this and vote on it. Mayor Miller and Councilman Greene each requested copies of the information referred to.by Councilman Mackaig. It was moved by Councilman Mackaig and seconded by Councilman Swearingen than the Council by resolution transfer all of the City Funds out of Bank of America an,, deposit them into a local bank whose home office is in Downey, forthwith. Councilman Mackaig asked how many City bank accounts are at Bank of America and whether the eight banking services requested by the City are now being provided by Bank of America. Mr. Leege replied the City has one account at Bank of America, and the eight services requested are not currently provided, Councilman Mackaig said on July 3rd he received a letter from Mro Wanamaker, President of Bank of Downey, which he would be happy to read to the Council. He was asked if he had shared the letter with anyone else, and his response was that he had shared the letter with Councilmen Jackman and Swearingen. Mayor Miller indicated he was offended, in that it would appear Councilman Mackaig is attempting to get three votes on the Council to go along with him by sharing his information, Councilman Jackman said he would like to take this under submission in order to study it properly and have the City Manager meet with Mr, Wanamaker. AYES: 2 Council Members- Mackaig, Swearingen ABSTAIN. 3 Council Members- Jackman, Greene, Miller Failed. A study session was set for 4-00 p.m., September 5, 1979, for a meeting with the City Manager, Mr, Wanamaker, and Mr. Leege concerning Banking Services, STAFF REPORTS Mr. Spindel said he has received from the City Attorney the latest Order of Judge Pregerson concerning the I-105 Freeway, copies of which he will distribute to Council. He indicated that after the Corridor Cities have reviewed this, another meeting will probably have to be held to decide whether or not to instruct the City Attorney to sign the Order. Council Minutes 8/14/79 -8- Councilman Jackman suggested staff be d=racred to ca-i a meeting of the Corridor Cities and that the meeting be held pr:cr to his :aaation begirnjng September 8th, He mentioned there are acme cbjecticnable items in the Agreement. Mr, Spindel stated there was an insertion in the Order that applicable codes and building and zoning codes will be complied with. Mr. Goggin commented on the Zoning Ordinance provision which requires that everyone within 500 feet of a proposed zone change must be notified, and in the case of Florence Avenue the coat was $750. He said it waa originally proposed that staff be allowed to post notices as is applicable in assessment districts, and he asked if the Council would agree to changing the ordinance so that posting property would be permitted, although property owners affected would still be notified by certified mail, No objections were stated, Mr. Neavill said the City Manager and City Attcrne7 have raccatsnended the Council meet in executive session to hear an updated report on the Downey Museum of Art, and it is also requested that Mro Art Johnson, a member of the Recreaticr and Community Services Commission, be present, ORAL COMMUNICATIONS Councilman Mackaig inquired about setting up a meeting between the Downey Community Hospital and City Council to discuss the Hospital Budget for 1979-80, with the attorneys for both the City and Hospital being present, Mayor Miller will arrange a time and date for the meeting, Councilman Swearingen mentioned he has been contacted several "times by a citizen complaining about the unsatisfactory condition of prcper�y and a fence surrounding a well site on Rundell and Julius, He was under the impression this was being taken care of, and he has been contacted again that the neighborhood is dissatisfied with the fence being constructed. He asked that a hard lock be given to constructing a concrete wall around the well site, Mr. Spindel explained the project is not completed as yet, and he reviewed the work that has been done to date to correct the situation. He pointed out the priorities are fixing leaks in that area, Mr. Spindel indicated there are no funds in the Water Fund Budget for building a concrete wall, and it would require Council approval, Mayor Miller mentioned he has been contacted regarding the Council's feeling on having Mr, John Byork, who has been active on the 1-105 Freeway matter, serve as the SCAG representative where the Corridor Cities would make recommendations, Mr. Saunders said SCAG is going to set up a committee to review some of the housing policies, and in order for Downey to have a voice on that committee it should be a member of SCAG. There were no objections to Mr. Byork being the SCAG representative Mayor Miller requested the Councils permission to circulate a letter support- ing Councilman Jackman as the Corridor Cities appointee, The Council concurred, Mr, Joel Lubin, 7820 Allengrove, Chairman of the Public Affairs Committee of Los Angeles Council of Engineers and Scientists, requested the Council to support the California Legislature overriding the Governor's veto of items 97 and 97.1 of Senate Bill 190, the Budget Bill regarding Licensing of Engineers in California, Mayor Miller asked Mr. Lubin to meet with John Saunders to prepare the neces- sary letters for his signature, Mayor Miller recessed the meeting to executive session for an updated report on the Downey Museum of Art. The meeting resumed at 12229 a.m., with all Council Members present, (The executive session commenced at 12:07 a.m.) It was announced that in executive session the Council voted unanimously to terminate the Agreement with the Downey Museum of Art, At 1.2s30 a.m., August 15, 1979, the meeting was ad;ourned, Robert L. Shand,, CYry Clerk -Treasurer Kenneth J. Miltt-r/ Mayor Council Minutes 8/14/79 -9-