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HomeMy WebLinkAboutMinutes-06-10-80-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 10, 1980 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Hearing on City Budget for 1980-81 Continued to June 24, 1980 Proposed Amendment to Subdivision Ordinance: Set park in -lieu fee @ $500 ea. single family dwelling & $380 Approved Res. #3804, Adopting Conflict of Interest Codes, incorporating by ref. FPPC Standard Model Conflict of Interest Code Adopted Appeal, Zone Variance #123, 8509 Imperial Hearing closed; action taken under subm. to next meeting Minutes: Adj. Reg. Mtg. May 21, 1980; & Reg. Mtg. May 27, 1980 Approved Rejection of Legal Claim: Ref. #476 Approved General Warrants: #183475 - 183663 #207055 - 207103 Approved Res..#3805, Expressing Concern over Worldwide Hunger, Malnutrition, Starvation Adopted Ord. #618, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change #156) (9540 Stewart & Gray Rd.) Adopted Ord. Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change #154) (NE Corner Lakewood & Gallatin) Res. Amending Fare Structure f/Downey Elderly & Handicapped Transit Service & Rescinding Res. #3668 Res. #3806, Describing any Imprvmnts. & Changes within Ltg. Maint. Dist. AD 121 for 1980-81 & ordering Engineer to Prepare & File Report on Same Ltg. Maint. Dist. AD 121: Engineer's Report on file w/City Clerk - verbal summary given Res. #3807, Apprvg. Engineer's Report f/Assmt. within Ltg. Maint. Dist. AD 121 f/1980-81 Res. #3808, Decl. Int. to Levy & Collect Assmts. within Ltg. Maint. Dist. AD 121 f/1980-81 Res. #3809, Proposing to annex certain areas into Ltg. Maint. Dist. AD 121 & ordering Engineer to prepare & file Rpt. (Annex. 80/1 - 80/15) Annex. 80/1 - 80/15 - Engineer's Rpt. on file in office of City Clerk Res. #3810, Apprvg. Engineer's Rpt. for Addns. to Ltg. Maint. Dist. AD 121 of Annex. 80/1 - 80/15 Introduced; to be adopted after transfer of fee title for exchange of properties Motion to adopt amended to approve funding of $1500 from Gen. Fund (or Rev. Sharing) Adopted Adopted Adopted (sets hearing 6/24/80) Adopted Adopted PAGE NO. 1 3 3 5 5 5 5 5 5 5 6 6 6 7 7 7 7 7 Page 1 of 3 COUNCIL MINUTES, JUNE 10, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Res. #3811, Decl. Int. to Annex Certain Areas into Ltg. Maint. Dist. AD 121 (Annex. 80/1 - 80/15) Res. #3812, to Ratify an Agmt. w/certain other cities entitled "Joint Exercise of Powers Agmt. f/Insurances& Risk Managemt Purposes" ACTION: Adopted (sets hearing 7/8/80 Adopted; Councilman Cormack appointed to serve on committee Res.#3813, to Auth. Bank of Downey to accept & honor checks bearing facsimile signature of President of Galbraith & Green, City's new self -funded Health Benefit Administrator Adopted Res. establishing Three Water Service Zones f/separate Water Rates & rescindg. Res. #3497 Res. #3814, Urging Citizens of Downey to Boycott French Products as sign of Displeasure & Disappointment PArp. Nn_ Postponed to next regular meeting Adopted Excess Well Site Property on Telegraph Rd.: Accept high bid f/sale; auth. opening of escrow; & auth. Mayor to execute Grant Deeds & other necessary sale documents Approved Assmt. Dist. #120, Leeds St. E/o Paramount B1.: Increase in City contribution to 85% ($109,600) of total project cost; & direct staff to prepare resol. increasing said City contribution Approved Assmt. Dist. #120, Leeds St. E/o Paramount: Auth. transfer of funds Approved Assmt. Dist. #120, Leeds St. E/o Paramount: Notify property owners of increased cost & increased City contribution & direct staff to place Res. of Award on next Agenda Approved Traffic Control Devices Inventory Project: Increase consultant's contract & auth. Mayor to execute formal amendment auth. extension & increase in cost Approved Hospital Letter of Understanding interpreting responsibilities of Lease Agmt. on condition Hospital resubmits 1980-81 Budget (prior to 6/24) Approved Senior Citizen Committee: Establish comm. to avail itself to needs of senior citizens to meet once a month & notify all the groups - each Councilman to appoint member Approved General Revenues and General Revenue Sharing Funds Distribution of 10% Business Tax: Change from Second Century Foundation to Downey Chamber of Commerce Eliminate further study on Basketball Courts at Furman Park Discussion re terms of appointments to boards & commissions Hearing set for 6/24/80 To be placed on next Agenda Approved 7 [3 0 0 E 9 10 10 10 10 111 11 11 11 Page 2 of 3 COUNCIL MINUTES, JUNE 10, 1980 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Executive session re pending litigation Withdraw case against Edison Co. Meeting adjourned to 4:30 p.m., June 11, 1980 ACTION: Approved PAGE NO. 12 12 12 Page 3 of 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 10, 1980 The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 10, 1980, in the Council Chamber of the Downey City Hall, Mayor Theodore H. Jackman presiding. PRESENT: Council Members: Lyell W. Swearingen Milton R. Mackaig Mayor Pro Tem James T. Quinn Robert G. Cormack Theodore H. Jackman Mayor ALSO PRESENT: Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney William A. Ralph, Director of Public Works 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 Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Charles G. Eccleston, Traffic Engineer Harry Rayson, Senior Building Inspector John Thomason, Risk Manager Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Cormack. The Flag Salute was led by Councilman Swearingen. HEARINGS Mayor Jackman opened the hearing on City of Downey Budget for Fiscal Year 1980-81. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Thompson reported that as presented for consideration, the Operating Budget totals $15,551,550; the Enterprise and Special Budget is $3,661,395. The Budget represents an overall increase of $1,577,000, or approximately 11 percent against a cost of living index increase in the preceding 12 months of 18 percent. The increases include policing the Freeway corridor, the amount for which will be reimbursed by the State; some tree planting and graffiti removal work; a substan- tial increase to the City's self -insured Liability Reserve Fund; a large diameter hose in the Fire Department; an increase in Library hours from 42 to 58 hours a week; and an increase in maintenance in the park operation reflecting a need for the completion of work at Wilderness and Independence Parks. There being no one present to speak to the Budget, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to continue the hearing to 7:30 p.m., June 24, 1980, in the Council Chamber of the Downey City Hall. Mayor Jackman opened the hearing on Proposed Amendment to the Subdivision Ordinance. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ---- ordered to receive and file the Proof. Mr. Goggin explained that during study on the revision, the Downey Chamber of Commerce and three other people provided considerable input, and most of the changes proposed by the Chamber were made. The main discussion has been regarding the park fees. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Council Minutes 6/10/80 -1- G15' S There being no one present to speak regarding the proposed Amendment, it was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. Councilman Swearingen requested an explanation of the history of the park fees. Mr. Goggin stated the park fees were established many years ago based on the assessed valuation according to the Assessor's rolls. As a result of Proposition 13, staff attempted to develop a formula, and although the fee adopted by the Planning Commission has no formula that can be justified, it is an arbitrary figure setting a fixed fee. It is felt the $650 per single family dwelling would not be a hard- ship on the developers and was formulated using the C.P.I., wherein if it exceeded six percent only then would it be applicable. He pointed out that under the former system using the assessed valuation there had been no objections. Mr. Goggin said this is a matter of whether the City Council wants to propose something which would suffice to supplement necessary improvements for the parks. He indicated that unless a school property is converted, there is very little possibility for large subdivisions in the City because there is no raw land available. He commented on various in -lieu fees paid by developers since 1969. As a matter of information, Mr. Neavill discussed the original formula pro- posed by staff and the Recreation & Community Services Commission, which was based on the ratio between existing park acreage acquired in the City of Downey and its current day value. It is felt the fee would be paid by either the new resident moving into the City or the developer, which would be a share of the investment other citizens in Downey have already paid. It is felt to be a fair proportionate amount a new resident coming into the City should pay. Councilman Swearingen wondered if consideration has been given to the possi- bility of charging for use of the parks. Mr. Goggin replied this would affect the low and middle income families who use parks the most. Mr. Neavill stated parks have traditionally been open to the public free of charge, but that charges have been made for some of the special programs or lessons, which amount to upwards of $50,000 a year. Councilman Cormack indicated this will cost the new resident closer to $4,000 than $650 for use of parks in the City. Councilman Mackaig said many people who purchase condominiums do not have children but would be required to pick up a portion of the tab when they have al- ready raised their families, and he would not vote for this proposal if park fees are included. Mr. Thompson pointed out that the fee recommended by the Recreation Commission and staff was based on a formula of a per capita cost of the park system. The $450 per single family dwelling contained in the proposed ordinance is less than what has been charged in the past and would constitute a decrease. Mayor Jackman favored the recommendation of the Recreation Commission of $650 per single family dwelling and $520 for other dwellings. He does not feel that anyone purchasing a new home in the City will object to it. Mr. Sorensen suggested Council refer the Ordinance to staff for final prepara- tion. It is his understanding that since the Ordinance was originally prepared, there have been modifications made, and he would like an opportunity to review it before it is introduced by the Council. He said, however, the Council should give staff some direction regarding the park in -lieu fees. It was moved by Councilman Mackaig and seconded by Councilman Cormack to eliminate the in -lieu park fee in its entirety. It was then moved by Councilman Cormack and seconded by Councilman Quinn as a substitute motion to accept the recommendation of $450 for each single family dwelling and $375 for multiple dwellings with the C.P.I. Indexing. It was moved by Mayor Jackman and seconded by Councilman Cormack to amend the substitute motion to accept the Recreation Commission's recommendation of $650 per single family dwelling and $520 for all other dwellings with the C.P.I. Indexing. Council Minutes 6/10/80 -2- Roll call vote on second amended motion: AYES: 1 Council Member: Jackman NOES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack Failed. Roll call vote on first amended motion: AYES: 2 Council Members: Quinn, Cormack NOES: 3 Council Members: Swearingen, Mackaig, Jackman Failed. Roll call vote on original motion: AYES: 2 Council Members: Swearingen, Mackaig NOES: 3 Council Members: Quinn, Cormack, Jackman Failed. It was moved by Councilman Cormack to approve the $450 for each single family unit and $375 for multiple units, with the increments (C.P.I.). The motion died for lack of a second. Discussion followed regarding the City's population and use of the parks. It was moved by Councilman Cormack, seconded by Mayor Jackman, and passed by the following vote to set the park in -lieu fee at $500 for each single family dwelling and $380 for each multiple unit, including the increments (C.P.I.). AYES: 3 Council Members: Quinn, Cormack, Jackman NOES: 2 Council Members: Swearingen, Mackaig Mayor Jackman opened the hearing to provide an opportunity for citizens of Downey to present written or oral input on Adoption of Conflict of Interest Codes pursuant to the Recent Amendments to the Political Reform Act. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and sc ordered to receive and file the Proof. Mr. Shand explained the deadline for adoption of the codes is June 30th, and the purpose of the code is to designate which staff members must disclose their financial interests, as well as specify those categories of financial interest which are reportable. There being no one present to speak regarding adoption of the Conflict of Interest Codes, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to close the hearing. RESOLUTION NO. 3804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL. CONFLICT OF INTEREST CODE The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3804. Mayor Jackman opened the hearing on Appeal to Zone Variance #123, 8509 Imperial Highway. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to receive and file the Proof. Mr. Goggin reported the request is to maintain a lighted advertising sign in the windows and for a new sign on the front of the building of approximately 48 square feet. There are two previous cases on this matter. The property is zoned Council Minutes 6/10/80 -3- C-1 which permits a total of 65 square feet of sign space throughout the entire property. A pole sign was granted by exception but is .not permitted in the C-1 zone unless there is 150 feet of frontage. Responding to questions, Mr. Goggin stated the applicant now has over 100 feet of sign plus a non -conforming pole sign. He pointed out that in the original approval of this matter, it was specifically prohibited to have any signs in the windows. This was approved as a neighborhood business, and the Commission feels the signing is adequate. He also noted the applicant wants to use the lights to light up the parking lot, and along the perimeter wall there are existing lights as required. Mayor Jackman inquired if the City Clerk had received any correspondence on this matter, and the response was no. Mayor Jackman then asked if there was anyone present who wished to speak in favor of the appeal. Mr. Michael Betor, owner of 8509 Imperial Highway, said the signs have been up close to six years, and they do not bother anyone. The apartment house next door has no complaints regarding the signs. He would like to have a sign on the front wall 24 by 15 saying "groceries and liquor." Councilman Cormack asked Mr. Betor if he would settle for one good visible sign rather than several smaller signs. Mr. Betor would like one large sign twice the size as the one currently in front of his store. Mr. Goggin pointed out that the signs in Mr. Betor's window are lighted adver- tising signs which are not legal under the City's code. Mr. Betor said he has less signs than any other store in the City. Mr. Goggin explained the original approval of the store granted a sign in the front of the building, but that when the sign was erected it was in the setback on the curb. Subsequently, the Council has to modify its approval to make that sign legal. He said all of the cases on this property have been caused by Mr. Betor, who has not paid attention to the original approval. There being no one else to speak in favor, Mayor Jackman asked if there was anyone present to speak in opposition. Mr. James Rowe, 13416 Verdura Avenue, referred to the Planning Commission Minutes of May 21st regarding this zone variance, wherein it is stated "approval of this variance would confer a special privilege that is denied by the Zoning Ordinance to other lands." He requested the appeal be denied. Mr. Betor did not wish to speak in rebuttal. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and so ordered to close the hearing. Councilman Swearingen feels Mr. Betor has done a good job, and he does not think the Council should take away from him anything that would improve his busi- ness, particularly since Mr. Betor feels this would be an improvement of the lighting. Councilman Mackaig does not feel that granting an exception or variance would be setting a precedent. He said Mr. Betor's parking lot is dark at night, and from a safety standpoint, it is obvious the lights in the window light up the parking lot. He noted Imperial is a major highway, and he commented on the busi- nesses located on the south side of the street near Mr. Betor's store. Councilman Mackaig does not feel this would be granting a special privilege. Councilman Quinn mentioned he has checked six other stores selling liquor and groceries, and they have five -to -six signs in their windows. He would like to see the signs remain in the window and the block letters. Councilman Cormack indicated he would like to see if a compromise can be worked out with perhaps one larger sign in lieu of the small ones and possibly another light. He is not in favor of adding piecemeal signs but would be in favor of extending over the normal square footage to give Mr. Betor better adver- tising. Councilman Cormack would like to view the location before casting his vote. Council Minutes 6/10/80 -4- Mayor Jackman referred to a case discussed by the Council several months ago regarding illegal signs on the southeast corner of Firestone and LaReina, and that the Council was opposed to those signs. He suggested that in this case, if lights are a problem, they could be placed in the parking lot to satisfy that purpose, without signs. The lighted signs cannot be seen from Imperial going west until reaching the driveway. Mayor Jackman indicated the facts have proven Mr. Betor apparently put those signs up illegally, and there has been a complaint to the signs. He thinks Mr. Betor would be getting a special privilege if the Council grants the appeal. During discussion, Mr. Goggin stated there is one solution, in that the building should be redesigned so that there is window space on Imperial. The building is adequately signed --there is a pole sign in front of the building. Councilman Cormack reiterated he has not seen the property, and he requested this be continued or worked out in some other manner until he can determine in his own mind that Mr. Betor has what he needs. Taken under submission to the next meeting. CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meeting of May 21 1980, and Regular Meeting of May 27, 1980. Rejection of Legal Claim. Ref. #476 Mary Bishton. General Warrants: #183475 - 183663; x207055 - 207103: $840,422.99. RESOLUTION NO. 3805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXPRESSING CONCERN OVER WORLDWIDE HUNGER, MALNUTRITION, AND STARVATION AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman ORAL COMMM7ICATIONS - (Items not on Agenda): None Mayor Jackman declared a recess from 9:25 p.m. to 9:32 p.m. The meeting resumed with all Council Members present. ORDINANCES ORDINANCE NO. 618 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 (ZONE CHANGE CASE NO. 156) (9540 STEWART & GRAY ROAD) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 618. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE D047NEY MUNICIPAL CODE (ZONE CHANGE CASE NO. 154) (NORTHEAST CORNER LAKEWOOD BOULEVARD AND GALLATIN ROAD) The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to introduce the Ordinance. Mr. Thompson indicated that prior to second reading of the Ordinance he would request Council's clarification with respect to transfer of the fee title for the Council Minutes 6/10/80 -5- two sections of land involving one section being transferred in fee title to the City in exchange for the other parcel. The City would receive funds in payment for the difference in value and the execution of an agreement indicating the necessary improvements to that parcel. Mr. Goggin said it is requested the ordinance not be adopted until Downey Savings & Loan has granted the fee title to the land. A parcel map has been sub- mitted and is being reviewed. RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE FARE STRUCTURE FOR THE DOWNEY ELDERLY AND - HANDICAPPED TRANSIT SERVICE AND RESCINDING RESOLUTION NO. 3668 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig and seconded by Councilman Cormack to adopt the Resolution. Mayor Jackman asked how the senior citizens feel about this. Signe Van Hoeven, 8533 East Donovan Street, said they were told at a meeting on Friday that this could possibly be brought up at this meeting, but there was no way to get in touch with the seniors from Friday until now. The people she has asked did not know about this. She commented on the need for transportation and of the cooperative program between Downey and Norwalk, the RSVP ride sharing pro- gram, and the RTD. Councilman Swearingen suggested delaying this resolution until receiving more input from the senior citizens. Mr. Eccleston explained the effective date is July 1st, and any more delay would make it difficult to publish the coupons in order to initiate the new fare by that date. He mentioned the efforts made through staff and Parks & Recreation to advise all of the representative of the various senior citizen groups; there was a front page press release on this recently; and handicapped groups have been per- sonally contacted. Of all the people talked to, there have been no objections to the proposed rates. He pointed out that without the 10� increase the City would not qualify for the funding, and without funding the service cannot continue. It was noted that as an alternative action to adoption of the Resolution, a direct contribution could be made from local General Funds. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote to amend the prior motion and to approve funding of $1500 from the General Fund. It was noted the $1500 would come from the General Fund or Revenue Sharing Funds, if possible. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman RESOLUTION NO. 3806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING ANY IMPROVEMENTS AND CHANGES WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1980-81 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT ON SAME The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3806. The Engineer's Report is on file with the City Clerk and the Engineer gave a verbal summary of that report at this time. Council Minutes 6/10/80 -6- RESOLUTION NO. 3807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ASSESSMENT WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1980-81 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3807. RESOLUTION NO. 3808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY _ DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICT AD 121 FOR THE FISCAL YEAR 1980-81 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3808. (Sets the hearing for June 24, 1980.) RESOLUTION NO. 3809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT. OF 1972 (ANNEXATIONS 80/1 THROUGH 80/15) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3809. The Engineer's Report is on file in the office of the City Clerk. RESOLUTION NO. 3810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE ENGINEER'S REPORT FOR ADDITIONS TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATIONS 80/1 THROUGH 80/15 The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3810. RESOLUTION NO. 3811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES UNTIL JANUARY 31, 1983 (ANNEXATIONS 80/1 THROUGH 80/15) The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3811. (Sets the hearing for July 8, 1980.) Council Minutes 6/10/80 -7- 65 9 I RESOLUTION NO. 3812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO RATIFY AN AGREEMENT WITH CERTAIN OTHER CITIES ENTITLED "JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES" The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3812. Mr. Thompson explained this culminates several years of work, and he thanked John Thomason who has been acting in his behalf for the past several months. He said this will result in a savings of the City's premium insurance in the approxi- mate amount of $28,000, with better coverage. In addition, an appointee of the Council is needed to serve on the Committee. At Mayor Jackman's suggestion, Councilman Cormack was appointed to serve. RESOLUTION NO. 3813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO AUTHORIZE THE BANK OF DOWNEY TO ACCEPT AND HONOR CHECKS BEARING THE FACSIMILE SIGNATURE OF THE PRESIDENT OF GALBRAITH AND GREEN, THE CITY'S NEW SELF -FUNDED HEALTH BENEFIT ADMINISTRATOR The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3813. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING THREE (3) WATER SERVICE ZONES FOR SEPARATE WATER RATES AND RESCINDING RESOLUTION NO. 3497 The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Mayor Jackman to waive further reading. It was moved by Councilman Mackaig and seconded by Mayor Jackman to adopt the Resolution. Councilman Cormack feels that due to the fact acquisition of the old Downey system was at no cost to the City, since it was taken under right of eminent domain, plus there was a balance of $120,000 in the account and the people paid for it, it is unfair and improper to raise this 15 percent. He said there will need to be an adjustment some day, but in another manner. During discussion, Councilman Cormack also indicated he feels new residents coming into the City should pick up the difference and pay the regular rate. Mr. Sorensen advised different rates can be charged within an area within a district when there are different services and different reasons, but the City cannot charge two single family residents next door to one another on the same water system different rates. He pointed out that the argument presented during the litigation when the City took over the Downey Water System was that the people owned it, but it was actually owned by a public entity --the Downey -County Water District. The people had no vested ownership. Mr. Thompson explained when the City acquired Park Water and Southern California Water, it was also able to purchase with the Park System approximately 2,000 acre feet of water rights, which has allowed the City to pump water from this basin at approximately 50 percent the cost to purchase water from MWD. Also, water is an important factor to the community at -large for fire fighting purposes, and the deficiency rating set by insurance companies is based on a City's water system. The better the system the fewer deficiency points. Mr. Thompson stated when the City purchased the Park and Southern California Water Systems, it did not increase the overall operating costs and, therefore, the overall cost for operat- ing the Downey system decreased. The last increase of rates in the Downey system was in 1970. Council Minutes 6/10/80 -8- 6562 Mr. Ralph pointed out this year's budget for that system is approximately three percent less than the anticipated revenues, and next year it is projected the budget will be approximately 15 percent less than the revenues. That is the purpose of the 15 percent increase. As to Park and Southern California Water, those systems the last two years have been operating with revenues greater than the budgeted amounts. This year it is estimated the cost of operating those systems will be about two percent greater than the revenues. Mr. Ed Reinke, 8111 Florence Avenue, said he was president of the Downey County Water Company when the City took over the district, and there was a gentle- man's agreement that none of the proceeds of the water would be used to purchase other districts in the Downey area. He raised questions regarding the purchase of water bonds and indicated he does not feel the people who paid for the Downey County Water should have to pay for Park and Southern California Water, or for a 15 percent increase. Councilman Cormack thinks the citizeus should pay the same water rates and that 11 years is a good time limit in which to equalize the rates. Mr. Thompson explained the Park Water and Southern California rates will con- tinue to pay for the bonds that were required to purchase those systems --the bonds will not be paid for by the Downey user. He discussed the benefits to the Downey system as a result of purchasing the two systems. He said after the Downey system was acquired there was acquisition of the Lakewood system --the bonds for that system were paid off and the water rates were equalized. Councilman Cormack asked when the water rates are equalized and Park and Southern California systems are still not paid for, what will the additional revenue be used for while the City is still paying off the bonds. Mr. Thompson replied those funds could be used for capital improvements to the system. When all of the bonds are paid off then consideration could be given to reducing the rates. Upon motion by Councilman Cormack, action on the Resolution was postponed to the next regular meeting. RESOLUTION NO. 3814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE CITIZENS OF DOWNEY TO BOYCOTT FRENCH PRODUCTS AS A SIGN OF OUR DISPLEASURE AND DISAPPOINTMENT The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3814. MISCELLANEOUS ACTIONS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to accept the high bid for sale of Excess Well Site Property on Telegraph Road; authorize opening of escrow; and also authorize the Mayor to execute Grant Deeds and other necessary sale documents. AYES: 4 CouncilMembers: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to approve an increase in the City contribution to 65 percent ($109,600) of the total project cost on Assessment District 4120, Leeds Street east of Paramount Boulevard, and direct staff to prepare a resolution in- creasing said City contribution (Account #28-20010 & #40-14437). AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack It was moved by Councilman Swearingen, seconded by Councilman Quinn, and passed by the following vote to authorize transfer of funds in the amount of $18,300 from Community & Neighborhood Enhancement 1979-80 Contingency Reserve to Account #28-20010 for use on Assessment District #120, Leeds Street east of Paramount Boulevard. Council Minutes 6/10/80 -9- AYES: 4 Council Members. Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to notify the property owners of the increased cost and increased City contribution on Assessment District #120, Leeds Street east of Paramount Boulevard, as directed by the 1911 Assessment District Act, and direct staff to place the Resolution of Award on the Agenda of the regular Council Meeting of June 24, 1980. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Member: Cormack It was moved by Councilman Cormack, seconded by Councilman Quinn, and passed by unanimous vote to approve a three-month time extension and $9,875 increase to the consultant's contract on Traffic Control Devices Inventory Project, and authorize the Mayor to execute a formal amendment to the consultant's contract authorizing the extension and increase in cost. It was moved by Councilman Cormack, seconded by Councilman Swearingen, and passed by the following vote to approve the Hospital Letter of Understanding interpreting the responsibilities of the Lease Agreement on the condition that the Hospital re -submit their 1980-81 Budget in accordance with the provisions of this "Understanding." Mr. Thompson explained this particular agreement is the result of continued meetings with the Hospital Administrator and their legal staff. The agreement is an interpretation of how the lease could be handled on an annual basis, which would provide the City with an ongoing way of determining actual financial position of the Hospital as a year-to-year comparison. The agreement addresses several other points in the lease agreement as to how those could be handled to provide the Council with information to meet the requirements set forth in the lease agreement. Mr. Thompson further explained there has been an addition to the information requirement as a result of a change in the accounting method, requir- ing the Hospital to submit a cash flow analysis, which they have agreed to do. This will provide all of the information necessary to determine the Hospital is in a financial position to meet the bond payments as required by the lease Responding to questions, Mr. Thompson stated the Hospital Budget was submitted prior to receipt of the letter of understanding. Mayor Jackman requested that another copy of the Hospital Budget be submitted to the Council prior to its next meeting on June 24th. AYES: 5 Council Members: Swearingen, Mackaig, Quinn, Cormack, Jackman Senior Citizen Committee Councilman Mackaig indicated the intent of his motion last meeting was to set up a coordinating group with one member appointed by each Councilman. This would be a group of senior citizens, who would meet either on call or once a month, where people can go to present their requests; the committee will discuss the requests with a City staff member present; and then they will present a recommendation to the Council. Mayor Jackman feels the committee should consist of members of the senior citizen groups rather than someone the Council would appoint. Signe Van Hoeven, 8533 East Donovan Street, stated her understanding of the composition of the committee and that she favored each group being represented. She feels the committee would be of value. Discussion followed. Mr. Neavill explained the Recreation & Community Services Commission has re- viewed a number of questions, problems, and needs related to senior citizens. There is a Committee on Aging and the Recreation & Community Services Commission, and if another committee is formed there could be some conflicts. It was moved by Councilman Mackaig, seconded by Councilman Cormack, and passed by unanimous vote to establish a senior citizen committee to avail itself to the needs of the senior citizens, to meet once a month, and to notify all of the groups. Each Councilman will appoint a member. Council Minutes 6/10/80 -10- It was so ordered to set a hearing on General Revenues and General Revenue Sharing Funds for 7:30 p.m., June 24, 1980, in the Council Chamber of the Downey City Hall. ORAL COMMUNICATIONS Councilman Swearingen reminded the Council that it established a ten percent Business Tax and voted to have the Second Century Foundation distribute it. He requested the Council to reconsider its position, and if the Council agrees, to have this placed on the next Council Agenda. He would like the Chamber of Commerce to distribute the funds. Mr. Thompson said there is an agreement between the City and the Second Century Foundation, and that agreement would have to be rescinded by both parties.' Mayor Jackman questioned whether there could be a conflict of interest to have the Chamber of Commerce handle the money. Councilman Swearingen feels the Chamber should handle the money because it is a business tax. Mr. Sorensen suggested there not be any motion to rescind until he has had an opportunity to review the agreement. To be placed on the next agenda. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to eliminate any further study on the Basketball Courts at Furman Park. Mr. Neavill stated the Council approved an application for State SB 174 funds of $36,000 to be used for this purpose at Furman Park. A neighborhood meeting was held and there was some opposition to the construction of lighted basketball courts. After that meeting, it was agreed a survey or study be made of an objec- tive nature in the neighborhood to best determine what the total neighborhood needs were. Since that time, staff has worked with some of the people who attended the meeting and developed a form that will soon be sent out for citizen response to find out whether they want the courts; and if they do not, what other facilities they would like to have at Furman Park, or would they prefer the City apply to the State to have those funds applied to another project in the City. Mr. Rich Henderson said there have been over 200 signatures in opposition to the courts and there is no need to spend any taxpayers' money on this. Mr. Thompson stated the petition circulated was inaccurate because it men- tioned removal of trees in the area. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack NOES: 1 Council Member: Jackman Mr. Neavill requested the Council give consideration to other projects in the City where the $36,000 could be used. Suggestions were made for using the Funds at Golden Park. Councilman Mackaig asked if the City's law suit against the Edison Company will be discussed this evening. Mr. Sorensen suggested it be discussed in executive session. Mayor Jackman requested an explanation regarding the terms of appointments made to various boards and commissions. Mr. Sorensen replied there are several categories: some are established by Charter and some by Ordinance. Those established by Ordinance can be changed by Ordinance; those established by Charter would be changed by Charter. He cited the Charter provisions for the Planning Commission, Personnel Advisory Board, and Library Advisory Board concerning terms of appointment. Mayor Jackman suggested that those Council Members who have appointments to make should do so by the next Council Meeting so they can be approved; or if necessary, remove appointments to make room for the new ones. Mr. Sorensen said the appointments would be made to fill the unexpired term. Council Minutes 6/10/80 -11- Mayor Jackman favored a change in the Charter to make the terms of the"hembers for the three Board and Commissions coincide with the appointing Councilman's term' in office. At 11:21 p.m., Mayor Jackman recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 11:44 with all Council Members present. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to withdraw the case against the Edison Company. Mr. Thompson stated for the record that he was opposed to withdrawing the case and advised the Council against it. He feels the suit is in accordance with a consistent position of enforcement of the ordinances of the City. AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Cormack NOES: 1 Council Member: Jackman At 11:45 p.m., the meeting was adjourned to 4:30 p.m., June 11, 1980, in the Council Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer Council Minutes 6/10/60 -12-