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HomeMy WebLinkAboutMinutes-05-13-68-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY May 13, 1968 The City Council of the City of Downey held a regular meeting in the Council Chamber of the Downey City Hall at 7:30 P.M., Mayor Thomas H. Morton, presiding. PRESENT: Councilmen: Corbin, Temple, Ferris, Winton, Morton ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney Don Warren, Deputy Fire Chief Loren Morgan, Deputy Police Chief Ray Lake, Director of Building & Safety William A. Goggin, Director of Planning James Ruth, Director of Park & Recreation Robert L. Shand, Director of Finance Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer Salem Spitz, Traffic Engineer Walter Wanke, Director of Water Department Donald B. Robinson, Assistant to the City Manager Alberta Pfeiffer, City Clerk Katherine Holtzclaw, Executive Secretary Reverend Rodger Meyer of the Messiah Lutheran Church delivered the invocation. The flag salute was led by the Junior Catholic Daughters of America, Girl Scout Troop. Student Mayor Roger Emerson, Warren High School introduced students acting as Councilmen of the following districts: r--- Rosemary Jones, Pius High School, Councilmanic District #5 Sue Donahue, Pius High School, Councilmanic District #2 John Sutton, Warren High School, Councilmanic District #3 Steve Fingal, Pius High, Councilmanic District #1 Roger Emerson, Warren High School, Councilmanic District #4 The Mayor also introduced Student Robin Morton, acting as City Clerk. Mayor Morton introduced Rosemary Jones, Troop President of the Junior Catholic Daughters of America, who in t&rn introduced members of the Girl Scout Troop in the audience. Councilman Ferris read a letter from Rosemary Jones of the Girl Scout Troop in which she asked how they might serve the City of Downey in civic affairs. Councilman Ferris replied their presence at Council, showing an interest, was one way, and helps them about the inner workings of the City Council. Student Mayor Roger Emerson read a Proclamation for National Public Works Week, May 12-18, 1968. It was moved by Student John Sutton, District #3, seconded by Student Sue Donahue, District #2 and so ordered. City Council concurred to accept the Proclamation to observe National Public Works Week, May 12-18, 1968. Ervin Spindel, Director of Public Works, assisted by Student Mayor Roger Emerson, and Miss Nancy Combs, Miss Public Works, presented the In -Service Training Certificates to the following employees of the Public Works Department who achieved them in schooling on their own time: Engineering Division: Dayne W. Stiles (Public Works Admin.) Forestry: Burt W. Peterson Ronald L. Benadom Engineering Division: Ronald A. Frederickson (Construction Insp.) Richard N. Weston Council Minutes - 5/13/68 -1- 3174 Ross P. Dunton and Jerry A. Michalla of the Street Maintenance Department were not present to receive their certificates. The.Zero Defects Employee of the Year Award was presented to Albert C. Rubin., Survey Chief, by Student John Sutton, District 3; Student Steve Fingal, District 1; and Student Rosemary Jones, District 5. Along with reliability, quantity and quality of work, Mr. Rubin has not had one day of sick leave in the near 10 years of service to the City of Downey. City Council commended Mr. Rubin for his outstanding record. The hour of 7:30 p.m, having come and gone, the Public Hearing on the appeal to Zone Exception Case #774, 8024 Imperial Highway, Daily Investment Company, was opened. The Mayor inquired if the City Clerk had the affidavit of publication of the notice of the hearing to which Mrs. Pfeiffer replied that she had. Ordered received and filed. Planning Director William Goggin.-reported that: the request of Daily Investment-, Inc, was to establish, operate and maintain- a restaurant -and--bar serv-ing- alcoho-lic beverag.e.s.within three hundred feet (300') of a -residential zone. The Planning Director stated �t was recommended by the Planning Commission to deny Zone Exception No, 774 as not meeting the findings required by Section 9130.2 of the Downey Municipal Code. The Mayor inquired.if anyone wished to speak in favor of -the -appeal. Speaking for the appeal and representing appellant,.Mr. Daily, in Z.E. #774, was Donald - L. -Wilson, - Attorney; 10833 Downey Avenue; .Downey. , It -was stated by Mr. Wilson that the City Ordinance does not exclude a cocktail lounge at 8024 Imperial Highway, but that a permit is required to be granted by the City. He pointed out that there are no residences that directly abut to the proposed site, and it is separated -on -the -east -by a muffler shop, on the south by a 30 foot alleyway. '! Speaking against the appeal to Zone Exception #774 were the following: Mr. Wilbur 0. Cosby, 12603 Brock Avenue, Downey Mr. Frank-O'Donald,-12627 Brock Avenue, Downey The objections were to the noise factor and hazards to children having to pass on their way to and from markets and schools. Also, there have been numerous traffic accidents at this location. Mr, Donald Wilson presented his rebuttal, stating the proposal was for a high - type restaurant with a cocktail lounge. There being no further oral protests or comments, it was moved by Councilman Temple, seconded by Councilman Corbin and so ordered that the Public Hearing on Zone Exception Case #774 be closed. Councilman Temple inquired of the City Manager--and-:Deputy Police Chief Loren Morgan if the Police Department had made any recommendation. The City Manager replied that the Chief of Police had not recommended the location of this bar at this particular place. - It was moved by Councilman Temple, seconded by Councilman Corbin and passed by the following vote that the appeal to Zone Exception #774, 8024 Imperial Highway, The Daily Investment, Inc,, be denied, the decision of the Planning Commission was upheld as failing to meet the requirements of Section 9130.2 of the Downey Municipal Code. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilman: None ABSENT: 0 Councilmen: None Council Minutes - 5/13/68 - 2 - 175 Mayor Morton presented Wendell Wiser with a plaque as an Outstanding Citizen of the Community. The Mayor stated Mr. Wiser, as a citizen who has always been interested in his community, has come forward -at times to bring to Councils. attention, problems of the City; sometimes to chastise them, and at -other times, to -compliment them in their handling of civic affairs. The Mayor further stated that Mr. Wiser constitutes what the City Council feels is a good citizen. Because of this citizen interest, his stable spirit, and the fact that -this City Council is aware of his concern about the City of Downey, this City Council deemed it to be fitting to honor Mr. Wiser with a commendation for his outstanding effort. The Mayor stated that if other citizens would follow his example, there would be much better citizen par-ticipation, and that it is a real pleasure to present Wendell Wiser with the award. All Councilmen concurred in appreciation of Mr. Wiser's presence at the Council Meetings. Mr. Wiser accepted the award, thanking all for the honor, and stated it was the happiest moment for him in all -his 40 years as a citizen of Downey. The Public Hearing was opened on the appeal to Zone Exception #777, 8061 Florence Avenue -- applicant, Mildred Fox. Mr. William Goggin, Planning Director, reported that the request of Mildred Fox, 744 South Catalina, Los Angeles, was to -establish, operate- and maintain- a one--(1) story commercial building for limited retail use with a parking -.area for eight (8) automobiles; modification of front and side yard setbacks; permit a forty-two (42) square foot double-faced pole sign, fifteen feet (15") in height in the front yard setback area. Mr. Sal Lorenzetti, 7634 Cecilia Street stated -he was representing his father, Mr. Louis Lorenzetti, in favor of the Zone Exception No. 777 appeal: Mr. Lorenzetti felt that excerpts from previous meetings, showing decisions and reasons of Commission members and Planning Directors, would have a bearing on his presentation tonight. By using the map and portions of previous minutes, Mr. Lorenzetti indicated that previous Commissions and Directors had indicated-th-at-future buildings would set back in line with his building, and that was the reason for his objection to the zone exception. He felt that if all businesses were to be viewed by oncoming traffic on Florence Avenue, they should all be recessed as -his -father's building; that if one were to be placed closer to Florence Avenue, it would hamper motorists sight until they were immediately in front of the building, Mr. Lorenzetti displayed a drawing he -submitted with all bui-ldings.set back evenly. The Mayor -asked if anyone wished to speak in opposition to the appeal. Mr. Leslie Olson, 11022 Tristan Drive, representing Mildred Fox, spoke in oppo- sition. Mr. Olson stated that if the appeal is upheld., the property would only be use- ful as a parking lot. He further stated that even though mistakes have been made in the past, he believed the city should look ahead -in d-eveloping Florence Avenue Mr. Lee Bucholz, Realtor, 12007 Paramount Boulevard,, -stated he -felt that Mr. Lorenzetti had maximum site as it was., and -that the -exception in Mrs. Fox's liuilding..b-eing brought. f.orward would not hamper the -sight any -more than it is now. He further stated that the trees Mr. Lorenzetti has -planted -block his view more than another building wtiuld. He further stated he would like to see the property developed as Mrs. Fox had requested, and if it were not, it would be detrimental to the property without any doubt. Mrs. Mildred Fox, 744 Catalina Street, Los Angeles, owner of the building, stated she had -never signed an agreement concurring the building -setback, Mr. Goggin.gave.a.hr.ief resume.of past.zone exception action in the area.. Mr..Go.ggin..stat.ed:he_he.lieved the best plan to date was the one drawn by the Planning Department showing the, buildings staggered. He stated it was the best solution under the prevailing circumstances, It was moved by Councilman Temple, seconded by Councilman Winton and so ordered that Zone Exception Case #777, 8061 Florence Avenue, be closed. Council Minutes - 5/13/68 - 3 - m 7b It was moved by Councilman Ferris, seconded by Councilman Temple and so ordered that Zone Exception Case No. 777, be reopened for further questions. After further discussion and inquiry -from Councilman Ferris, relative to a hard- ship for the persons involved, Mr. Bucholz stated that if the building was even with the Lorenzetti building, it would cut off entirely from the westbound traffic. It was moved by Councilman Temple, seconded by Councilman Corbin and so ordered that the hearing on the appeal to Zone Exception No. 777, 8061 Florence Avenue, be closed. Councilman Temple inquired if the parking situation for all properties could be comparable. Mr. Goggin replied that assuming the buildings.wexe the same size, with parking in the front and rear, it was his hope parking could be coordinated with Mr. Lorenzetti's property thereby eliminating some of the existing driveway. It was moved by Councilman Winton that -•Zone --Exception #77-7 be -approved by the City Council in conformance with conditions set forth as amended by the Planning De- ptrtment as meets the findings required by Section 9130.2 of the Downey Municipal Code, in effect deny the appeal. The motion died for lack--of--a-second -It was moved by Councilman Ferris, seconded by Councilman Corbin and passed by the following vote that the appeal for Zone Exception #777, 8061 Florence Avenue, be granted and refer the matter back to the Planning Commission for report, AYES: 4 Councilmen: Corbin, Temple, Ferris, Morton NOES: 1 Councilmen: Winton ABSENT: 0 Councilmen: None The Mayor declareda 5-minute recess with Council reconvening at 9:30 p.m. with roll call, all members of Council being present. The hearing was opened on Downey Improvement Project No. 557, south side of Telegraph Road, Passons Boulevard,to west city limits,;- - Mr. Spindel, Director of Public Works, reported that City Council in prior action had -authorized -the -Department of Public Works to initiate Chapter 27 Proceedings for the construction of sidewalks Notices and matching funds information was hand -del- ivered to persons living in town, and mailed to those residing out of town and out of State. The Mayor inquired if anyone wished to address Council on this hearing. There was no--res-ponse.- - It was moved by Councilman Temple, seconded by Councilman Corbin and, so ordered that the public hearing on Downey Improvement Project No. 557, south side of Telegraph Road, Passons-Boulevard-to--west city limits, be closed. It was moved by Councilman -.Temp -le-, seconded by Councilman -Corbin and passed by the following vote to proceed with Chapter 27 Proceedings for Downey Improvement Project No. 557, south side of Telegraph Road, Passons Boulevard to west city limits. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None .The Public Hearing was opened on Downey Improvement Project No. 571, 9511 Firestone Boulevard. Mr. Spindel reported the proper notices had been sent to the property owners, and that City Council, in prior action, au•thorize.d the Department of Public Works to initiate Chapter 27 proceedings.for the construction of curbs, gutters, sidewalks and driveway apron at 9511 Firestone Boulevard. The Mayor inquired if anyone wished to address the City Council on this matter. There was no response. It was moved by Councilman Temple, seconded by Councilman Winton and so ordered that the hearing on Downey Improvement Project No. 571, 9511 Firestone Boulevard, be closed. Council Minutes - 5/13/68 - 4 .31'77 It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following- vote, that the Department of Public Works -be authorized to pro- ceed with Chapter 27 proceedings in Downey Improvement Project No, 571, 9511 Firestone Boulevard, for the construction of sidewalks, curbs, gutters, and driveway apron: - AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor opened the Public Hearing on Downey Improvement Project No. 576, west side of Buhman Avenue, Brookpark Road -to Cedartree-Road. Mr. Spindel reported that all notices have been mailed to property owners and that City Council had, in prior action, authorized -that the Department of Public Works initiate Chapter 27 proceedings for the construction of sidewalks. The Mayor inquired if anyone wished to address City Council on this matter, There was no response. It was moved by Councilman Temple, seconded by Councilman Corbin and so ordered that the hearing on Downey Improvement Project No. 576 be closed. It was moved by Councilman Temple, seconded by Councilman Ferris and passed by the following vote to authorize the Department of Public Works to initiate Chapter 27 proceedings for Downey Improvement Project No. 576 for the construction of sidewalks on the west side of Buhman Avenue, Brookpark Road to Cedartree Road; AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Public Hearing on Downey City Lighting District, Zone 1, Residential, was opened, Mr. Spindel reported that notices were posted in all areas affected. At the request of City Council a detailed study of the existing. Downey City Lighting Dis- trict Zone 1 was -made from which the Director of Public Works submitted a report showing Zone 1 upgrading (which is all residential type lighting), to minimum acceptable lighting.standards-i Several alternative funding procedures were explored and explained in detail by the Director of Public Works as follows: Increase Zone I assessment rate by 3&, per $100, making -the -rate for this lighting district 23(,% per $100; remove and -up grade the 267.i.ntersec.tion .safety lighting from district, lowering.the assessed rate -to 160-per $100-, by payment coming from the General Fund and putting an add- itional burden on the General Fund; upgrading the intersections charging the General, Fund in the amount of. $1;348, thereby reducing the increase to the Lighting District, making the new rate 22kfi per $100. as against 20q, per $100; the last alternative explored was to continue the assessment rate of 20t per $100 as it is now and make up the difference amount to $5,240. Mr. Spindel further reported that these alternatives were being presented for the benefit of any citizens who might have any questions regarding the upgrading of the street lighting. Mayor Morton inquired if anyone wished to address City Council regarding this hearing. ^. Mr. John Barr, 10408 Samoline Avenue, Downey, addressed Council inquiring if upgrading -these lights was really necessary. He related he felt City Council had accomplished great things.in.the past 3 years by installation and maintenance of lights at different intersections where they were poorly lighted, and hazardous to drive and walk, by paying..for.it out of the General Fund. Mr, Barr further stated he is in favor of the City`s long range plan to in.s-tall so many safety lights each year. He felt that all the intersections should be upgraded first, paid for out of the General Fund, then after this is accomplished, to tax the people. Council Minutes - 5/13/68 - 5 - .11'78 Mr, W. Carr, 12649 Glenshire, South Downey, questioned why upgrade when the people seem to be fairly satisfied? He further inquired if this price had been com- pared with hiring of additional policemen; that as far as he is aware, the crime rate has not risen in Downey to the extent that more lighting would be needed in the resid- ential areas. Mr. Carr further stated that a 24(,, increase on $100 of property value would be quite a bit if all of them are to be upgraded. He agreed that the inter- sections should be lighted, but not the complete area, It was moved by Councilman Corbin, seconded by Councilman Temple and so ordered that the hearing on Downey City Lighting District Zone I - Residential, be closed, Mayor Morton requested Mr. Spindel to explain the minimum standards, and where they ate found. Mr. Spindel reported that the minimum standards are set by the Illumination En- gineering Society which sets the certain standards for the sight and visibility at night. The current lighting districts which are being installed (new subdivisions) do have the new type lamps which are 7000 lumen vapor lamps. The cost of these lamps is slightly more than the 4000 lumen incandescent lamps, which has been the standard for years; however, the great majority of the lamps in this district are 2500 lumen lamps, and are pretty dim, being.tlie standard that is referred to, Mr. Spindel further re- ported that the assessment will not be increased 24(,,, but 3c, and in some of the plans there would be no increase. Mr. Spindel added that the purpose of the study was at the request of City Council. Councilmen Temple stated he felt since the question of the people is who will be paying the bill, he felt a hasty decision should not be made, and that action should be withheld except for intersection lighting. It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote to proceed under Plan No, 4 to upgrade street lighting of 10,000 lumen or below as recommended by Director of Public Works in his report dated May 6, 1968. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None r--A { It was moved by Councilman Corbin, seconded by Councilman Temple and so ordered to approve the minutes of the April 8, 1968, April 16, 1968 and April 23, 1968 Council minutes. The City Clerk presented the following correspondence: A letter from Adrian Wilson Associates relative to the Downey City Theatre along with plans and specifications. Letters from the following.citizens were also attached since they pertained to the same subject: Mrs. W. G. Powell, Mrs. Parley Johnson, Mrs. Charles Ripley, Mrs. Maurice Tweedy, Mrs. Ruth Ball, Mrs. Richard D. Axton. Mayor Morton stated at this time we will have the presentation by Adrian Wilson and Associates regarding the Downey Theatre. The Mayor stated that this -had been -pre- viously authorized by the City Council after a review of schematics and preliminary de- signs, for the arch.i.tec:t to proceed with these drawings to be presented tonight. The Mayor- requested Mr. Becker to identify himself before making the presentation, Mr. Alden Becker, 621 South Westmoreland Avenue, Los Angeles.., -Architect with Adrian Wilson and Associates stated he is here tonight to -present the plans and specifications as completed for review and checking; a review of the things that have happened since the last meeting of the plans, The plans have not been changed since that time. The site has changed, as the difference of opinion was that it was better located in Civic Center instead of the Park, thus in his development it is now shown in Civic Center. Second Street, which used to go through Brookshire Avenue, will now be closed off, and the building will then become a part of a complex that will be the future Civic Center r-r Complex. This will probably be the only change; the plans will remain the same. The plans presented here tonight are working drawings:for.City Council to scrutinize more closely in respect to the final drawings. Mr. Becker further stated that on this plan entry is now made from the proposed cul-de-sac off Second Street, however, in the future, it will be off the mall. The plans remain the same with an auditorium that will have 750 seats, however, in developing the plans Mr. Becker further stated they have attempted to accommodate all of the different functions that were brought to their attention. There is a place for fashion shows, Rose Queen shows, and a special aisle arrangement where a platform can be -put in for this type of pagent, so the girls can make an entry into the audience for the occasion. Council Minutes - 5/13/68 - 6 - 31'79 Mr. Becher further sated we have this design for church groups, seminar meet- ings.,_ talent shows, lectures, travelogues, musicals., dance shows; it can be used for opera, small -opera; it is designed for symphonies, and also children's theatre. He further stated that in planning this, -the architect tried to carry out an in- timacy into the theatre. There are so many groups to satisfy; some of the groups seating 200, 300 up to 500, and others to seat up to 750, therefore, we are going to have the balcony with 250 seats, and the auditorium with 500 seats, thus regardless of the number of people attending, we will still have -intimacy in the sight line. Also, sound would be much better, particularly with entertainment with children on the stage.. Mr. Becker further related we still have our workshop in the back. We have a dressing room, a green room; an inner court for intermissions, and for art shows andfor other local activities; and then we have our main lobby. In the basement there will be storage and in the end room, facilities that can be used for making costumes. Mr. Becker pointed out a room at the end. In this, he stated acoustics have been developed, and with the -stage size, will be able to handle any of the events mentioned, having sound and acoustics necessary for these shows. The projection room and sound room are as designed previously. Mr. Becker pointed out the section show- ing the balcony and the main floor with a full stage and full basement. In summation, Mr. Becker stated this is the coverage in a brief summary. Councilman Temple stated he felt it was very well done and recalled that it was almost 10 years ago that City Council began research on a City Theatre and -looking at concepts. Councilman Temple stated that when this was first initiated, his first thought was -to have a huge --auditorium to house large sports events, but after studying this thoroughly, they found out this was not the thing to do because the City had many publicly financed institutions -- the high school gymnasiums, etc. that can -be used, along with all kinds of meeting rooms available -in our schools. The taxpayers are already paying for these facilities, and he was convinced after this complete study, that the plan now shown is a good one. It was moved by Councilman Temple, seconded by Councilman Corbin and passed- by the following vote to accept the plans and specifications for the Downey Theatre as presented by Adrian Wilson Associates, subject to approval by the Building and Safety Department in their plan checking and approval -of the plans by the City Attorney, Planning Director, Director of Parks and Recreation and the Director of Public Works, and authorize -calling for bids for the Theatre. Councilman Winton asked of Mr. Becker the basic size of the green room, and what is its basic function as laid out? Mr. Becker replied that the "green room" of course is used in all theatres. It has many uses, to be used as a green room as it implies, but it is also a room that can be used as a dressing room, a meeting room, could be used as rehearsal room, can be used for small groups for teas, or anything you would want to use it for. The size is 25' x 30'. Councilman Winton inquired if there was any fixed furniture and Mr. Becker replied that there was none. Councilman Winton inquired as to how the sound effects would be in the audi- torium with the intimate range in the seating vicinity if there is a symphony. Mr. Becker replied the size and shape of the auditorium itself is all predicated on a symphony; the height and shape of the ceiling. If you study the elevation closely you will note the shape of the balcony to the front of the theatre. He further stated the acoustic engineer feels that the sound comes from the front of the theatre over the heads. Councilman Winton asked if there were any design features included in this design which would enable this particular theatre to be enlarged as future demands may dictate. Mr. Becker stated it would be very difficult; it would not be impossible, but not advisable. Council Minutes - 5/13/68 - 7 - .3180 Councilman Winton stated that in other words it would be virtually impossible, or extremely, or excessively expensive to modify this for enlarged meetings if the future demands so arose. Mr. Becker replied, no, that he would not say that. That if the need were there, it could be done. Councilman Winton inquired if it would have to be the back wall and the stage? Mr. Becker replied to the negative, stating it would probably be the lobby end and the balcony; the entrance, rather than the stage. Councilman Winton asked if the present design had the sloped floor and Mr. Becker replied yes, it does. They have the sloped floor so that everybody has good sight.. Councilman Winton stated that in other words, there would never be -an opportunity to have a removal of the seat where the floor space could be used other than just the stage. area., to which Mr. Becker replied he would say "no." Mr. Becker related that there is a rather large room in the back, a large facil- ity, and that could be used for just about anything_, Councilman Winton inquired how large the room was and Mr. Becker replied that it was 60-' x 92' . Councilman Winton asked if there were kitchen facilities or appliances in this particular building..in.the area at the present time for catering, or for any event which may be desired to take place in-the-60' x 92' room, that there is no facility at the present time. Mr. Becker replied that this was correct, not as such, but there is a sink -and water so that food -could be arranged as is done elsewhere. Councilman Corbin inquired as to a shell on the stage in relation to a symphony. Mr. Becker replied that the plans called for one. Without the shell, the sound would go into space and lost. Councilman Ferris inquired if the motion --was to receive the plans, and if there was any-unusual-cireums-tances-in the conditional adoption of the detailed plans - prior to the completion of the inspection and plan check, to which Mr. Temple re- plied that always in the past, if the Building Department found any deviation from the plans Council desired, or any discrepancy at all, they always brought it to Council's attention and he was certain that they would in this case. Mr. Sorensen stated that in effect there would be no actual acceptance until they report back from the various staff members that they were satisfactory. Councilman Winton inquired of the City Attorney if after the inspection, the matter would be returned to City Council for final approval and acceptance? Mr. Sorensen stated "no" he thinks actually -if each of these departments re- ported back that the plans met with the approval of the preliminary plan require- ments, the architectural contract requirements and the like, he thought..the action of the City Council as given tonight would, in effect, be an adoption as of that time. If there is a defect or something wrong, then there would not be. Councilman Winton stated he wished to ask a question prior to the motion. He noted with interest that the letter was dated April 29th, 1968 from Adria.n.Wilson addressed to the Downey City Council, but the question in his mind is that since ^ this is May 13th, the lapse of approximately 2 weeks, this is the best of his know- ledge the first time that he has ever had the opportunity to see the plans. Since he is dedicated to represent his constituents' views, he would like to address a question to Mr. Oren King as to what date these plans, or this letter, were re- ceived in the City Hall, and since he had requested he be informed the day the plans were received as late as May 5th, and was -told by Mr. King that the plans were not yet available, why is it that he is only ge-tting.the plans tonight? Councilman Winton further stated "we have not had an -opportunity to look at the plans ourself prior to this time, before we are asked to accept something which we have had no privilege to view." Council Minutes - 5/13/68 - 8 - it 91 Mr. King stated, this letter, as near as he can remember, came in probably the next day or two, he would say by May 1st, but without the plans. Mr. Becker called him,"in addition, to ask if this letter would put him on the agenda for the next Council meeting. Mr. King said he so informed all members of the Council that they would be here at this meeting. Mr. King inquired of Mr. Becker if he picked up everything except the detailed construction plans from the Mayor's office tonight. Mr. Becker replied, yes. That the reason the letter was written, was to be ^ able -to put it on the agenda -for tonight's meeting... Councilman Winton questioned the timing of this event as to ascertaining if this is a normal procedure to take under consideration a project that could be well over $1,000,000 pending a plan check and approval. Councilman Winton also wanted to know if this was normal procedure at past Council meetings? Mayor Morton replied that Councilman Ferris had asked the same question, and that Councilman Temple had answered it. The Mayor further stated that Councilmen Winton and Ferris had -requested -a detailed chronology of the past --events leading to this moment, and that -was presented to y6u in writing... This matter has been con- sidered in open Council meeting time and time again_ "The schematics and the initial design were presented, and the prior Councilman from your District representing his district, had full opportunity to review this matter -at that time•." Councilmab Temple stated the date was Ju-ne-12, 1967 when the schematic draw- ings were given to City Council, so the schematics were approved, and then the working drawings would have to be -submitted:. Mayor Morton further stated that City Council had in their matters -of corres- pondence tonight items 1(a) through..(f):," recommendations from various individuals recommending the approval -of the theatre program:, In ad-di.tion-to these letters, he has had presented to him as of today, a letter from the Woman's Club of Downey, Downey Junior Woman's Club and Downey Teen Theatre, and other letters all recom- mending approval. The Mayor asked fora vote on the motion, as presented. AYES: 4 Councilmen: Corbin, Temple, Ferris, Morton NOES: 1 Councilmen: Winton ABSENT: 0 Councilmen: None It was moved by Councilman Ferris and seconded by Councilman Winton to recon- sider the previous vote and have it entered on the minutes to be considered at the next Council meeting. The Mayor declared a 5-minute recess for clarification of the motion by the City Attorney. Council reconvened at 10:10 p.m. with roll call, all members of Council being present. The City Attorney stated this is a motion recognized in Roberts Rules of Order. This Council has not at any time formally adopted Roberts Rules of Order as a procedure to which its activities and procedures are conducted. The question is what precise rules apply. It has not particularly been raised in the past where, from custom, certain procedures have -been adopted and used.- He could not tell specifically whether the motion to reconsider has been used in the past, but he stated he did believe that it has, and the action of the Council in those cases r""' always has been to pass upon the motion as made; that is, the motion to reconsider, thus if the motion to reconsider is adopted, then a vote again is taken upon the principal motion. If the motion to reconsider is denied, then that ends the matter and the prior vote upon the principal motion stands. Councilman Winton read from the Roberts Rules of Order the ruling on a vote to reconsider. "A motion to reconsider opens to debate the entire merits of the original motion-, If the question to reconsider is undebatable, then the recon- sideration is undebatable." Councilman Winton stated the question is in the inter- pretation, and asked if it were debatable. Council Minutes - 5/13/68 - 9 - 3182 Mr. Sorensen stated that the motion to reconsider should be acted upon tonight by this Council and if the motion to reconsider carries, then there should be a new vote upon the principal motion. If the motion to reconsider does not carry, then that disposes of the matter at this time. The Mayor called for a roll call on the motion to reconsider. The motion failed by the following vote: AYES: 1 Councilmen: Winton NOES: 3 Councilmen: Corbin, Temple, Morton ABSTAIN: 1 Councilmen: Ferris The Mayor .directed the City Clerk to proceed with items of correspondence. The City Clerk stated that -three additional letters had -been received at the meeting in favor of proceeding with the theatre project. They were from Mrs, Bruce DeHart., Mrs. Nevin Ar-chibald-,-and the Amer-i-c-an-Business-Women's Association. A letter from the Southern California Rapid Transit District relative to cor- recting the time of the meeting May 15, 1968 to 8 a-.m. A letter from Mr. Martin L. Adams commending -Mr. Frank Rost of the Building Department for service received in that Department, with a reply from the City Manages.. A letter from Mary Catherine Brown, 13207 Fidler Avenue relative to congratu- lations on recent election and Downey Children's Theatre. A letter from the City of Torrence relative to oppastion to ACA 9 and AB 795 relating to.the deposit of public funds. Council directed that the City Manager present a report on these legislative proposals and that a similar resolution be prepared for Council's acoption. A progress report from Robert L. Shand, Director of Finance, showing progress of Brian McLeod Fund. A report from Los Angeles Airways, Inc. showing passenger revenues for month of April of Heliport. The City Manager reported that L.A. Airways have more than doubled their helicopter flights. A letter from County Sanitation Districts of Los Ange-les.Caunty with Resolu- tion No. 2060 adopted by their Board of Directors in opposition to Senate Bill No. 715, relating to composition of Boards of Directors of County Sanit-ation--Districts Councilman Temple requested Mayor Morton to make a recommendation on this as the City's representative to the District. Mayor-Morton,steted this subject was thoroughly discussed at the last meeting of the Sanitation Distrait. and recommended the continuation of the Sanitation Dis- trict as -presently proposed, with representatives from each of the cities involved. RESOLUTION NO. 2060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING SENATE BILL 715 RELATING TO COMPOSITION OF BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS 0-ft The resolution was read by title only. It was moved by Councilman Corbin, seconded by Councilman Temple and so ordered that -further reading be waived. It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote that --Resolution No. 2060 be adopted. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes - 5/13/68 - 10 - 3183 A letter and financial statement from the Downey Junior Chamber of Commerce relative to the annual agreement between the City of Downey and the Downey Junior Chamber of Commerce. Council directed this matter be held for budget study. A financial report for the third quarter, 1967/68 from the Downey Civic Chorus. It was moved by Councilman Winton-, seconded by -Councilman Temple, and so ordered, that the Downey Civic Chorus Financial Report for the Third Quarter, 1967/68 be accepted and filed. A memorandum from James D. Ruth, Director of Parks and Recreation Department, relative to park site at -Edison Company property at Dinwiddie and Rio Hondo Drive. Mr. Ruth reported that he made a field trip with Councilman Ferris and that careful review of conditions prescribed by the Edison Company indicate that they would not deter in any way the development of the area for a neighborhood park site. It was moved by Councilman Winton, seconded by Councilman Temple and so ordered that development of this area be initiated with consideration during the 1968-69 budget study. A letter from A. F. Schmidt of the General Telephone Company relative to his first meeting with the City of Downey in connection with traffic controls at Firestone Boulevard -Woodruff Avenue -to the San Gabriel River. It was moved by Councilman Temple, seconded by Councilman -Winton -and so ordered to refer Mr. Schmidt's letter to the Park and Recreation Commission and the Traffic Committee for a report back -to --City Council. A letter from the Hertz Corporation relative to their establishment of a booth at the Downey Heliport, was ordered held for further study. A memorandum from JamesRuth, Director of Parks and Recreation, to the City Manager relative to the Southern Pacific Depot, with recommendation -from the Park r'^ and Recreation Commission that the Depot be placed on the American Legion Property with the funds provided by the Downey Historical Society for renovation and re- furbishing. In the event the Florence Avenue land is acquired by the City of Downey for park land, consideration might then be given to relocation of the Depot on City property. Mr. Phelan stated his purpose for appearing was to ask Council to consider a revised proposal. Instead of saving the entire depot, he wished to propose saving the 2-story portion, which is much smaller, costing..les.s-then to refurbish. Mr. Phelan requested the Historical Society be given the chance -to refurbish on their own responsibility. He further stated the building itself would have many sacred emotions for the people by using it as a museum in years to come. Mr. Phelan asked for consideration in finding a place for it, and the Historical Society be permitted to raise funds by public subscription. Councilman Temple asked--Mr.-Phelan if by public subscription, he felt the His- torical Society could defray the cost of moving the depot also, to which Mr. Phelan responded that they must have some kind of program before they could solicit funds. Mr, Phelan also stated that when and if there is a museum, it would be the property of the City and therefore should be placed on City property. Councilman Temple complimented Mr. Phelan highly for his presentation in repre- senting the Historical Society on this project and on his determination in taking a stand for his belief. Om` It was moved by Councilman Temple, seconded by Councilman Ferris and failed by the following vote to consid-er moving the main portion of the depot to the east part of Imperial Park with the City paying the actual expense of moving; that the Historical Society be charged with putting the depot in a safe and usab-le-cond-ition. AYES: 2 Councilmen: Temple, Ferris NOES: 3 Councilmen: Corbin, Winton, Morton ABSENT: 0 Councilmen: None Council Minutes - 5/13/68 - 11 - A letter from the American Petrofina Exploration Company requesting a geophysical survey. After discussion, on previous damages, Mr. McCarthy, representing the American Petrofina Exploration Company, assured Council that of the people contacted whose names appeared on the petition, 2/3 of them had no damage and the remaining citizens had their repairs made. It was moeed`by Councilman Morton, seconded by Councilman Temple and so -ordered .-. to take the matter of the survey by the American Petrofina Exploration Company under submission to the next City Council meeting. A letter from Roger McCollum, Parade Chairman for the Downey Christmas Parade, relative to the 1968-Christmas Parade in Downey. Roger McCollum, 11642 Gurley Avenue, Downey stated he was here to request the 1968 Christmas Parade scheduled for December 1, 1968 at-1:30 p.m., be considered for appearance on color television. Mr. McCollum further related the merits of having -the parade shown -on -television in that it wou-ld-publicize the City of Downey. Gary Gelinas, 9331 Hasty, Downey, serving on the committee of the parade, reported on the findings of meetings with KTLA, Channel 5, as to cost. It was brought out that the cost would be approximately $10-,000: After discussion on the cost as compared to the Huntington Park Parade, and from which City Fund it should come, it was moved by Councilman Temple, seconded by Councilman Ferris and so ordered to take the Christmas Parade for Color Television under submission for further study. A letter directed to Mr. Frank C. ?Munk from the City Manage-r and preliminary study report made by Council -appointed committee relative to a request from Mr. Wunk to conduct automobile auctions within the City of Downey. It was moved by Councilman Temple, seconded by Councilman Corbin and passed by the following vote to deny the request of Mr. Frank C. Wunk, DBA F.M.C, Enterprises, to conduct automobile auctions within the City of Downey. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Legal Claims for damages from Mrs. 0. J. Tuttle, 7422 Via Rio Nido, Downey; Peter Daniel Infranca, 11565 Downey Avenue, #1, Downey; and Betty Guinn, 9242 Tele- graph Road, Apartment 12, Downey. It was moved by Councilman Corbin, seconded by Councilman Temple, and passed by the following vote to deny the claims and refer to the City's insurance carrier. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Coun ilmen: None ABSENT: 0 Councilmen: None A letter from Fire Chief Robert W. Gain requesting Leave of Absence without pay for Fireman Joe Carter for the period from May 16, 1968 through May 15, 1969, as a result of an accident and on the advice of his doctor. It was moved by Councilman Temple, seconded by Councilman Winton and passed by the following vote to grant the leave of absence without pay for one year for Fireman Joe Curter, for the period from Jay 16, 1968 through May 15, 1969. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None AB -SENT: 0 Councilmen: None A letter from the Sister City Association relative to the City's financing the.Sister City Association's President's fare to Guadalajara. Council Minutes - 5/13/68 - 12 - '11 % Mrs. Monnet, corresponding secretary of Guadalajara Sister City Committee, stated there are some pertinent problems that must be discussed in person and re- quested the City Council to consider paying the fare of their President Dick Raabe, to Guadalajara. Their treasury funds have been exhausted, due to the recent arrival of a Soccer Team from Guadalajara, whom the Committee was compelled to house in a motel during their local visit. Mrs. Monnet further stated that $150. to $200. would be adequate:f.or the fare - and that Mr. Raabe would defray the other expenses necessary, and that she under- stood that there was money in the budget set aside for Sister City expenses such as this. It was moved by Councilman Winton, seconded by Councilman Corbin and so or- dered to take this matter under submission in order to evaluate it further. The Mayor declared a 5-minute recess, with Council reconvening at 11 p.m., with roll call, all members of City Council being present. The City Attorney requested permission to leave the meeting at this time due to a recent illness, however was asked to review the Helicopter Patrol Service Re- port before doing so. Mr. Sorensen stated he reviewed the matter with Mr. John Larsen of the County Counsel's Office and in substance he could find no real problem, with one or two exceptions. In the last part of the first paragraph-; it is the desire of the City to add certain health functions to cover inspection of swimming.-.po-ols for mosquito abatement. Mr-. Sorensen stated Mr. Larsen stated he would take this up with the others involved, however, he has not heard on any of these matters to date. There were some changes -in language. that were:techni.cal, and .specifications- concerning a notice which he felt should be cleared up. This agreement can be terminated at the end of the first year by unanimous action of all -of the cities or by the County, or by unanimous action of all of the cities within,60 -days after receipt of written notice of an increase in the base rate during the first two years. If any �— city wishes to terminate, it can do so by giving notice prior to the expiration of the second year or -any time thereafter by notice of-,any-sing.le.y.ear, but not during the middle of the year -except upon the increase of the base rate by the County. The base rate by the County for the first year originally was said to be roughly $390,000. There may be some increase by the reason of proposed salary increase. Mr. Sorensen pointed out the problem in Paragraph 12 which provided that the base -rate or percentage could be increased as to any given City. The City Attorney questioned this and now -it will have provided in Paragraph-12 that-the-per-c-ent-of the base rate may be modified upon 50% area, 50'/ total major crimes during the calendar year 1968, so that the same formu-la would apply to adjusting percentages - as was used in establishing percentages. The basic percentages appear allright, but some modification needs to be worked out. Paragraph 14 will be deleted as it is already-cover-ed: Mr. King stated the City Managers of seven cities are meeting -again this Thursday morning at 9 a.m. They have indicated that all the other cities have passed this, subject to final re -wording - It was moved by Councilman Temple, seconded by Councilman Corbin and passed by the following vote, to authorize approval of the Helicopter Patrol Service as approved by the Mayor, City Attorney and City Manager-.- - AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None 0"Ift ABSENT: 0 Councilmen: None Councilman Winton inquired if City Council has the authority and power to remove appointees to Commissions or Boards by a majority vote. The City Attorney replied that generally speaking the power of removal follows the power of appointment. The City has two Commissions where there are restrictions. The Park and Recreation Commission states they may be removed for good cause; Park- ing Place Commission requires a 4/5 vote; the others would be a majority vote of City Council. Council Minutes,- 5/13/68 - 13 - 3186 Councilman Winton asked the City Attorney to hand:.dow.n a decision which would declare what form of procedural legislative government that--the-City Council is following to conduct its business meetings; secondly, what.form of legislative- gnvex.nment is -.our City Charter- based- upon; - and thirdly, what form of legislative government does not recognize Roberts Rules of Parliamentary Law, Councilman Winton requested the City Attorney to present this information at the next Council Meeting to which Mr. Sorensen replied that he could not promise an exact date for compliance with this request but would do the best he could. RESOLUTION NO. 2059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE VEHICLE PARKING LIMIT ON DOWNEY AVENUE BETWEEN FIRESTONE BOULEVARD AND FOURTH STREET FROM ONE (1) HOUR LIMIT TO TWO (2) HOUR LIMIT, (RESCINDING RESOLUTION NO. 1819)- The resolution was read by title only. It was moved by Councilman Corbin, seconded by Councilman Temple and so ordered, that further leading by waived. It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote that Resolution No. 2059 be adopted. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 63635 - 64121) ($144,827.73) (PAYROLL) The resolution was read by title only. It was moved by Councilman Corbin, seconded by Councilman -Temple and so ordered that further reading.be-waiv-ed:. It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote that Resolution No. WS-586 be adopted. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-587 A RESOLUTION OF THE -CITY COUNCIL OF THE CITY - OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND --SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 30783 - 31368;-- 4/26/68 $217,644.68); (NO. 31369 - 31546 -- 5/10/68 $141,308.09) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Corbin and so ordered that further reading.b.e waived. It was moved by Councilman Temple, seconded by Councilman Corbin and passed by the following vote that Resolution No. WS-587 be adopted. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None I Councilman Winton referred to various warrants for mileage --of. the Park and. Recreation Department employees and Mr. Ruth replied that City Council has a policy for employees who use their own cars for City business to reimburse the employee Council Minutes - 5/13/68 - 14- 3187 @ 11� per mile for the first 200 miles; .084� per mile for the next 400 miles, and if the amount exceeds $50 for the month, then the employee uses the maximum figure of $50. After a summation of bids, it was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote to awar-d--Ca-sh-Gontract No183, 11523 Dolan Avenue, Gas Engine Conversion, to the lowest and best bidder, West & Wiggs, Inc., in the amount of the Unit Prices Bid, reject all other bids, and authorize the following transfer of funds: AMOUNT: FROM: TO: $8,000. Unappropriated Water Account No. 86032 Reserves AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Winton and passed by the following vote to approve plans and specifications and grant authority to advertise for bids for Cash Contract No. 209, Unit 2, City Water Yard, Stewart and Gray Road. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None After a summation of bids, it was moved by Councilman Ferris, seconded by Councilman Temple and passed by the following vote to award a contract to Silveri and Ruiz Construction Company of Fullerton for Cash Contract No. 214, Tennis Courts, Furman Park, in the amount of the unit prices submitted in the bid proposal and waive the irregularity of the bid bond submitted. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Corbin and passed by the following vote to approve plans and specifications and authorize advertising for bids for Cash Contract No�. 216, the installation of a 6" Water Main on LaReina Avenue between Florence Avenue and Otto Street, and 8" line in Quoit Street between Paramount Boulevard and 65' east of Parrot Avenue, and a 6" Water Main on Parrot Avenue between Quoit Street and-200' south of Quoit Street. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Winton and passed by the following vote to accept the improvements constructed under Contract No. SS 186, Cecilia Street widening east of Lakewood Boulevard. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None After discussion on Cash Contract No. S.S. Project No. 175, a field trip was O".ft recommended to study this further. So ordered. It was moved by Councilman Ferris, seconded by Councilman Temple, and passed by the following vote to appropriate -additional -funds -in -the amount of $600 from Gas Tax Monies to be deposited in Account No. 06-16050-, for extension of block wall on Cash Contract No. S.S. 177, Old River School Road, Irwingrove Drive to Quinn Street. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes - 5/13/68 - 15 - It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote to grant a 30-day extension of time for completion of sub- division improvements on Tract 23736, Casanes Avenue. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following vote to authorize the recommendation of the Division of Highways for traffic control on Firestone Boulevard from Woodruff Avenue -to east -city -limits with the exception of allowing. General Telephone Company trucks to exit through.the San -Gabriel Park in the mornings only, and authorize the preparation of the neces- sary agreement, and budget the City's share of $12,500. in the 1968-69 fiscal year-'s budget-. AYES-: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Ferris and so ordered to refer to the City Manager for a further report on Traffic Request No, 2250 relative to extension of Davis Street, easterly from Dolan Avenue to Brookshire Avenue. It was moved by Councilman Temp.le.;_ seconded by Councilman -Winton and -passed by the following vote to authorize the Department of Public Works to initiate Chapter 27 Proceedings -for Downey --Improvement Project No.. 579, 10417 Old River School Road; and waive the informal 30-day notice; and also grant matching funds for this location in the event the property owner deposits his share of the construction costs prior to the expiration of the 60-day period. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None In accordance with the previous request of Mayor Morton, a report was sub- mitted by the Director of Public Works relative to Shellyfield Road traffic study. It was moved by Councilman Corbin, seconded by Councilman-..T-emp.le and passed. by the following vote to accept improvements for water facilities constructed in Lakewood Boulevard from Cecilia North 630' for the Stonewood Village Apartments, and approve reimbursement of $4,545 as the City's share for these water facilities, and responsibility df the maintenance thereof, AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman -Corbin and passed by the following vote to accept improvements for water -facilities constructed in Tract 26225, Charloma Drive east of Manzanar, and approve reimbursement of $2,267.50 as the City's share for these water facilities, and the responsibility of the maintenance thereof:. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported on City Hall painting as follows: 1. Sandblast main City Hall building (except east Police Department wall where addition is to be built. About 145' of wall) 2. Paint main City Hall building Dunn Edwards Spanish White -- 2 coats white on stucco surfaces (except east Police Department wall section) 3. Paint main City Hall eaves Rich Brown Council Minutes - 5/13/68 - 16 - 4. Paint north side open hall west of Finance, white. 5. Paint Public Works'exterior (except brick surface) Spanish white. 6. Paint Library exterior (except brick) Spanish white. 7. Paint City Council exterior (except brick) Spanish white -- 2 coats. 8. Waterproof exterior brick surfaces on (2 coats silicone): Public Works, Council, Library. 9. Remove inside white stains on brick walls caused by leaks. 10. Paint flagpole Spanish white. Estimated cost: $9,421.00. (Items to be bid separately.) It was moved by Councilman Corbin, seconded by Councilman Ferris and passed by the following vote to authorize the color of Spanish White with Rich Brown eaves, approve the specifications as submitted and authorize to bring back to City Council at least three bids for the paint job. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Corbin, seconded by Councilman Temple, and passed by the following vote to authorize Cash Contract No. 193 extra work to the Police Wing and authorize the following transfer of funds: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $2,000 13830 13804 AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None A report on Zone Exception No. 779, Harry Schlentz, 10302 Julius Avenue, was presented by Plannint Director William Goggin relative to a 26-foot driveway as access to a 3-car garage. The Planning Commission approved the request with the fol- l;oving five conditions: 1. This approval is based upon a revised plot plan dated March 209 1968. Deviations or exceptions from said approved plot plan shall not be permitted without the approval of the City Planning Commission. 2. That this approval is for a driveway having a maximum width of the distance between the garage doors on the existing garage. 3. That sidewalks four feet (41) in width shall be installed six inches (7") from the property line along the subject property fronting on Julius Avenue and Irwingrove Drive, to the Standards of the Department of Public Works. 4. That the existing five and one-half to six-foot (5�' to 61) high masonry wall, adjacent to the driveway and property line, shall be reconstructed to provide a corner cutoff for sight distance purposes, with legs of not less than five feet (51). 5. That an agreement shall be executed and filed by the property with the Department of Public Works for the future installation of street lights. The City Council approved the appeal request''on--Zone Exception Case #779 with the stipulation that Condition No. 3 be deleted; that Condition No. 4 be amended by adding "at such time as sidewalks are installed"; and that Condition No. 5 be amended by adding "and sidewalks." Council Minutes - 5/13/68 -17- also It was moved by Councilman Corbin, seconded by Councilman Ferris and passed by the following vote to approve the finding of City Council on Zone Exception Case #779. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager reported on the Community Radio Watch which is a program of the Police Department to enlist businesses and industries who have two-way radios, to cooperate in reporting suspicious acts, etc. A breakfast has been arranged, through the Mayor's office, to meet with representatives from each of these firms on Tuesday, May 21, at 7:30 a.m, and it is suggested the City assume the cost. It was moved by Councilman Corbin, seconded by Councilman Temple and passed by the following -vote to adopt the program as initiated by the Police Department to enlist businesses and industries who have two-way radios to cooperate with the Police Department. AYES: 5 Councilmen: Corbin, Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mr. Stanley Clift, 10721 Pangborn Avenue -spoke relative to giving the theatre a more "community name" and suggested it be placed on school property, and it was his opinion that the City and Schools should work together on this. Mr. Wendell Wiser, 7816 - 7th Street stated he would like to commend Deputy Fire Chief Don Warren'.s-D.ep.artment for their immediate response to a fire on Stewart & Gray Road in which his mother was involved. Mr. Wiser also wished to commend the Council tonight for acting on the theatre, as he felt it was long overdue. Mr. Charles Dickerson, past Councilman-, stated he felt the City Council had performed an outstanding job on their decision tonight for the theatre. Mr. Dickerson further stated the people have had the opportunity in the last five or 6 years to express their opinions during the many studies they have made.. He felt the City has always gone forward in the past and that the future will hold the same accomplishments. Councilman Ferris stated he felt inadequate -to. -vote to adopt a large ex- penditure on the basis of reviewing a drawing-which'purportedly reflects a schematic drawing which he has not seen. Councilman Ferris further stated he felt the action tonight would have been to receive and submit a plan check, that adoption was beyond his capabi-lity at--this-time. Councilman Ferris elaborated on the General -Plan in relation to the Civic Center Complex development, that -there -should be -more public hearings on Civic Center Buildings as­well- as those that -have been.,he-ld. for the- hospital site. Councilman Ferris also brought out his concern for Library -expansion., -.par --king prob- lems, the goal for Civic Center building, the City's plans -for the two southerly corners of the Complex area. Councilman Ferris, in relating his concern for the youth of Downey, quoted a letter written by Jerry Miller to the Southeast News on November 1, 1967-. It was moved by Councilman Ferris, seconded by Councilman Winton and failed ,•-. to pass by the following vote that a moratorium be declared on all Civic Center Complex expenditures effective July 1, 1968 excluding those projects currently under construction until such time as an independent study has been submitted to the City for consideration; secondly, the Civic Development Committee be reactivated and be responsible for the overall study; thirdly, that the City Manager be in- structed to prepare a resolution to introduce at the next Council meeting to guarantee to the Downey Children's Theatre group that a well constructed theatre be built of at least 300 seats for their use. AYES: 2 Councilmen: Ferris, Winton NOES: 3 Councilmen: Corbin, Temple, Morton ABSENT: 0 Councilmen: None Council Minutes - 5/13/68 - 18 - 3191 Councilman Winton stated he had received a letter from Mr. Mathews, 8513 Adoree Street, complaining of damages caused to his yard'by curb and gutter re- moval. Mr. Mathews asked to have a tree removed 16 months ago and this request was denied. Mr. Winton directed the Director of Public Works to follow through to determine that the job will be finished ip a manner satisfactory to Mr. Mathews, Mr. Spindel responded that he would have the contractor's clean-up crew handle the matter the following week; however, since Mr. Mathews had -endured th-is disrepair for over 2 months, Mr. Spindel was directed to send a City crew out immediately to restore Mr. Mathews' property to his satisfaction Councilman Winton inquired if the City has a contractor which is performing 100 jobs to a contract, does the City have any method of inspection after each job; is the City perpetrating a contract which has 100 res-i-dents waiting until all of the cement is poured and the contractor do the cleanup at his own freedom; that in the meantime there are 100 residents who are completely dissatisfied with the progress.. Councilman Winton directed that this matter be channelled through the City Manager for appropriate action and Mr. King assured Councilman Winton that he would follow through on the matter. Councilman Winton stated he had a petition signed by 400 property owners from District #1 with a copy of a letter from the signers to Mr. Legarra of the Division of Highways, opposing the routing of the Century Freeway and opposed to the bridge over the North American Parking Lot. The signers specifically opposed if the modification to the orange route of the Century Freeway as recommended by the School Board. It was moved by Councilman Winton, and died for lack of a second, that the City Council concur with Councilman Winton that his letter be sent to the State Highway,Co.mmission-.re.q.uesting a 15-day extension of the deadline, and that Councilman Winton as representative of. District 1, draft a summation of the ad- justed routes and modifications and submit to the California Highway Commission. Councilman Winton stated he publicly challenged.the opinion of the City Attorney Royal M. Sorensen on the legality of the Roberts Rules, due to the fact that the City Charter is based upon the constitution of the State of California which decision recognizes...Rob.erts Rules methods of procedure. Councilman Winton related his feeling on the decision of Council to pass on the theatre plans to- night., in that he felt that an investment of this size should be accepted -only with the idea of receiving it for further study so he might..have been more fam- iliar with the plans. Councilman Winton elaborated on the cost for maintenance after the building is completed and felt he was not given an opportunity to make a judicious decision. There being no further business to come before Council, the meeting adjourned at 12:05 a.m. t /fe ._ City C1erl Council Minutes - 5/13/68 - 19 - Thomas H. Morton Mayor