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HomeMy WebLinkAboutMinutes-03-08-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 8, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT. ACTION: PAGE NO. Campfire Girls, O-Ki-Ya-Ka-Ta Group Presentation of Ecology Project to Council 1 Appeal, Zone Exception Case 0964, 8009-11 Imperial Highway Denied 2 Appeal, Zone Exception Case #967, 12720-26 Adenmoor Avenue Denied 3 D.I.P. #616, Davis St, Request to authorize to proceed Approved 4 Lot Cleaning Program - 1971 Season, Request to order ,cork and appropriate funds Approved 5 Minutes, February 23, 1971 Approved 5 Comt,unication from Dir. Public Works- re change in Refuse Collection Schedule Received a filed 5 Communication from Div. of Highways re acquisition of property prior to 'Freeway Agreement Received d filed 5 Request that Building Department inspect property at 12804 Woodruff No action Telegram from Kenneth J. Miller re case Received. Matter referred before Public Utilities Commission to City Attorney 5 Report of Insurance Claims Received Rett. #001 - Lewis F. Riesenhuber, 9602 Cecilia St., Downey Ref. #006 - Allstate Ii,surance Co. (Walter Reinschmi.dt), 8080 Florence Ave,, Dourcey Ordered received S filed 5 Resolution #WS-728 (Payroll) Adopted 6 Resolu.tion#WS-729 (B Warrants) Adopted 6 CC OSS-132, Unit 2, Stewart b Gray Rd. (Ext.) Plans d specs b authority to advertise for bids Approved 6 Parking Lot #18, East of Downey Community Action withheld pending Recreatiov Center conference with E. Wallar 6 D.I.P. #617, Laura St. Request to authorize Ctapter 27 Proceedings Sites 1, 2 d 3 Approved 6 Special Lot Cleaning, 10806 Woodruff Ave. Approved 6 Request of City Clerk to honor Agreement with Calif. Code Service and authority to establish fees for maintaining Codes Approved 7 Participation in L.A. County Co -Operative Bid .tor 1971-72 Gasoline Fuel Requirements Approved 7 Public hearing on Freeway Agreement Set for 3/29/71, 7:30 P.M. 8 Report of Councilman Jennings on absence from Meeting of 3j23,11 1 No action 8 —' Consumers' Ordinance Ref. to City Manager 8 Appointment of Irving Gertler, City Beautification. Committee Approved 8 Report. of Dir. of Planning regarding new format, Planning Commission Minutes No action 8 Report of Planning Director re So. Calif. Planning Congress No action 8 Report of Dir. Public Works re Campfire Girls Pancake Breakfast No action 8 Page 1 of 1 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 89 1971 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 8, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding, PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Carl Newton, Acting City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning Ray Lake, Director of Building d Safety Jim Ruth, Director of Parks d Recreation Robert W. Gain, Fire Chief Loren Do Morgan, Police Chief H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend R. CD Bolton, Central Christian Church, delivered the invocation, followed by the Flag Salute led by the Campfire Girls - O-Ki-Ya-Ka-Ta Group, The Campfire Girls presented an "Ecology Bag" to the Mayor and Members of City Council, Mayor Ferris thanked the Campfire Girls and Mrs, Rosemary Bumgardner for their presentation and said he is proud to be part of a community that has such fine youth organizations, Mayor Ferris declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #964, 8009-11 Imperial Highway, He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to file the Affidavit, 'The Director of Planning reported that the request in this matter is to establish, operate, and maintain a restaurant serving "on sale" liquor within 300 feet of a residential zone, He said there was a Planning Commission hearing on January 6th, and after deliberation the matter was .taken under submission, On January 20th, the Planning Commission denied the case, The Mayor inquired of the City Clerk if she had received any written correspondence. She responded in the affirmative and read a letter from Irene Rehkoph, 2507� South Paramount, opposing the zone exception, The Mayor inquired if there was anyone present who wished to speak in favor of the matter, Mr, Joseph Mock, Attorney representing the appellant, stated the previous owners of the restaurant had an "on sale" liquor license and this had been in effect since about 1941 until January 10, 1970 when the owners suffered bankruptcy and moved out. From that time until September of 1970, the premises were posted for the sale of alcoholic beverages. He said to his knowledge there is only one R-1 residence within 300 feet of the premises, He said the lady who appeared in opposition of the zone exception at the Planning Commission hearing objected to the wall which exists between her trailer court and the tavern which does not keep out noise or dust. He said, as indicated at the hearing, if the variance is granted a concrete wall will be constructed which would completely separate the premises from the trailer court. Mr. Mock further stated that there have been no basic changes in the surrounding area for quite a period of time and in view of the prior usage of this property, he believed the exception should be granted, Mr, Bob Roberts, 8026 East Leeds, Downey, said he has lived at his present address since 1941. He said there has been no trouble or noise from the restaurant and bar that has been situated at the subject location for at least 15 years, He recommended the zone exception be approved, Council Minutes 3/8/71 -1- `_ Mrs. Bertha Froehlich spoke in opposition. She stated she owns and operates a trailer park which is directly behind the building, which she said has been a bar in the past. She reported on the noise and foul language which can be heard late at night especially on the weekend when the back door of the bar is left open. She requested if the appeal is approved a provision be made that the back door must remain closed. In tebuttal to statements by Mrs, Froehlich, Mr, Mock stated that any business can be run in various ways. He referred to noises which can come from gas stations including reving of motors. He stated that the trailer court is Located on the northwest side of the subject property and there is a door on the southeast side of the building. He stated the door to which Mrs. Froehlich referred is no longer in use and is a closed kitchen door. He stated the appellant has no intention of having a noisy establishment, that he has had an establishment in Long Beach, and in three and a half years at that location he has had no police problems. Also in rebuttal, Mr. Bob Roberts commented regarding noises in the trailer park in the early morning hours with the starting and racing of automobile motors, It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to close the hearing on Appeal, Zone Exception Case #964, 8009-11 Imperial Highway. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to deny the Appeal and uphold the decision of the Planning Commission on Zone Exception Case #964, 8009-11 Imperial Highway, AYES. 5 Councilmen„ Morton, Winton, Jennings, Hollis, Ferris NOES. 0 Councilmen: None ABSENT: 0 Councilmen. None Mayor Ferris declared that this is the time and place for the public hearing on Appeal,_Zone Exception Case #96 , I2720-26 Adenmoor Avenue. He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmatives Ordered to receive and file, Mr. William Goggin, Director of Planning, reported on the request which was to establish two duplexes in an R-1 ;=one. The hearing before the Planning Commission was — set for January 6, 19?1 and at the request of the applicant was continued to January 20th� At the January 20th hearing, the Planning Commission took the case under submission, The Department recommended the property be developed to one duplex and one single-family residence; however, it was recommended that if the Planning Commission did approve the duplexes, That they be studio apartments. Mr. Coggin stated that at the meeting of February 3rd, the applicant stated he could not justify the cost for the development as recommended by the Planning Department, and the case was denied by the Planning Cocrimissiono Mrs Goggin stated the applicant has appealed his case to the City Council and has submitted a revised plan of development for a duplex on one side and a single family residence on the other. Councilman Winton commented regarding the revised plot plan on which the Planning Commission did not base their decision and has not had an opportunity to review, The City Attorney advised that the hearing on the appeal before the City Council is a "hearing denovo", or a new trial, and the City Council has the discretion to hear the case as it was presented before the Commission, or it may hear any variations which are proposed if it determines that a different approach is feasible from a zoning point of view; the matter can then be referred back to the Planning Commission for a report. He stated the City Council could also, upon presentation of a new plot plan, before hearing the matter, refer it back to the Planning Commission for a 'hearing on that plot plan before making a decision on the appeal, Councilman Winton stated that some three months ago, the City Council established a policy that it would not conduct a hearing on a plot plan entirely different from that presented to the Planning Commission. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to hear the Appeal on Zone Exception Case #967, as it was presented to the Planning Commission. AYES; 4 Councilmen. Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen. Morton Council Minutes 3%8I71 -2- Councilman Morton stated he would abstain as the persons involved were active in his campaign for election, Mayor Ferris inquired if there was anyone present who wished to speak in favor of the matter, Mr, James D"Alessandro, 11607 Paramount Boulevard, representing D d H Construction Company, said he was surprised at the turn of events, that he was not prepared to re -fight the issue as it was presented to the Planning Commission, He stated the original intent of the applicant was to build two duplexes which would act as a buffer between the fire house and the existing R-1 structures to the south. He said that the property across the street facing the subject property is a large C-4 development with a large wa11. He presented for evidence pictures of the wall on the C-4 property and the fire house wall on the north. He said it was suggested at the last Planning Commission hearing that instead of the two duplexes, the applicant come up with a plan for one R-1 residence and one duplex, and the applicant has now submitted such a plan, He requested that the matter be referred back to the Planning Commission, Mayor Ferris inquired if there was anyone else present who wished to speak in favor of the appeal, and there was no response. He inquired if there was anyone present to speak in opposition, and the following persons appeared before the City Council: Mr, Theodore Stivers, 12625 Coldbrook Avenue, opposed the zone exception, stating he did not want a duplex behind his house or next to his house, He spoke of the exist- ing traffic problem due to cars coming out of the Stox Restaurant Parking Lot and said the additional cars from duplexes would add to the congestion. He also opposed the request as he said a two-story structure would be looking down into his back yard and there is only ten feet between the fence and his back yard. The following persons spoke in opposition to establishment of duplexes in the R-1 residential area, Mrs, Betty Bailey, 12734 Adenmoor; Mr, L. H. Bailey, 12734 Adenmoor; Mr, Kenneth Strong, 12746 Adenmoor; and Mr, Edward Rogers, 12740 Adenmoor, Councilman Jennings read from the Minutes of the Planning Commission Meeting of -- January 20th, wherein Mr. D"Allesandro stated that due to the high cost of the property, the applicant could not justify the construction of one R-1 residence and one duplex, Mr. D°Alessandro replied the owner of the property has now reduced the price of the -- property to make the construction of one single family residence and one duplex feasible, Mr. D`Alessandro also stated the staircase would be to the front of the second unit and plans include wing walls so there would be no view to the rear and there would be no windows facing the back side. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to close the hearing on Appeal, Zone Exception Case #967, 12720-26 Adenmoor Avenue, It was moved by Councilman Winton and seconded by Councilman Jennings to uphold the decision of the Planning Commission and deny the Appeal on Zone Exception Case #967, Councilman Winton commented relative to the hearing on the General Plan which was continued over a period of several meetings to enable any persons interested to make recommendations relative to proposed zoning, and he said the landowner has not made a request for a change in the land use, Councilman Morton commented that since he has been a member of the City Council, he has consistently voted to uphold the General Plan and until the General Plan is changed or revised to permit the requested use, he would be opposed to granting the exception to the present zoning, Roll Call Vote: AYES: 5 Councilmen: NOES: 0 Councilmen: ABSENT: 0 Councilmen: Morton, Winton, Jennings, Hollis, Ferris None None Mayor Ferris declared that this is the time and place for the public hearing on Downey Improvement Project No, 616, Davis Street, He inquired of the City Clerk if she had the Affidavit of Posting of Notice and Affidavit of Mailing, to which she responded in the affirmative, Council Minutes 3/8/71 -3- F`t35 It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to receive and file the Affidavits. The Mayor inquired of the City Clerk if she had received any written protests, and she replied she had not, The Director of Public Works reported that this project is for the improvement of curbs and gutters on Davis Street. between Downey Avenue and Dolan Street. He said a previous action of the City Council authorized the Department of Public Works to initiate Chapter 27 proceedings against Sites 1 and 2 and waived the 30 and 60 day periods based on 100 percent voluntary participation by the property owners. Following Council action, he stated it was determined that although a request for improvements was signed by the daughter of the owner under a power of attorney, the property was jointly owned with a brother who opposed the improvement. This, he stated, necessitated the public hearing. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to accept the Engineer's Report. The Mayor inquired if there was anyone present wishing to speak in protest to this matter, and there was no response. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to authorize the Department of Public Works to proceed with the construction of street improvements under Downey Improvement Project No. 616, Davis Street, and that engineering and administration charges be waived for the voluntary participant (Site 2) and be charged against the owner of Site 1. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen. None Mayor Ferris declared that this is the time and place for the public hearing on Lot Cleaning Program - 1971 Season. He inquired of the City Clerk if she had the Affidavit of Mailing, to which she responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to receive and file the Affidavit. The Mayor inquired if there was anyone present who wished to speak in protest to the matter. Mr. Wendell Wiser, 10921 Paramount Blvd., said he has protested this program before, and he asked on what basis the charges are determined. The Director of Public Works reported that the hearing on the Lot Cleaning Program is to have the work done, and a hearing on the cost assessment will 'be held later on in June. He said the assessment is based on cost by the Cityos contractor with a percentage added for administration. He said the property owner has the option to accomplish the work if he believes the assessment is too high. The Mayor inquired if there was anyone else present to speak in protest to the matter or anyone to speak in favor. No response. The Director of Public Works reported that hearings on the Lot Cleaning Program are held yearly, sometimes several times a year, based on the Municipal Code and the State Code on fire hazardous conditions or rodent breeding areas. He said notices have been sent out on 480 parcels. He said the average cost is $10, for a 5,000 square foot lot. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to close the hearing on Lot Cleaning Program - 1971 Season, Councilman Winton requested that Mr. Wiser's statements be made a matter of record, and be included as part of the testimony. The City Attorney said if it is a protest it should be overruled prior to Council action. When asked if he considered his remarks a protest or a question, Mr. Wiser's answer was "both". Council Minutes 3/8/71 -4- etc°°? It was moved by Councilman Hollis, seconded by Councilman Winton, and passed by the following vote to deny the protest, order the work to be performed in accordance with the City Ordinance and State Law, and appropriate $15,000. from Unappropriated Reserve to Account 09990--1010-4, Weed Abatement, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None A recess was declared at 8:35 p.m. The Meeting was resumed at 8:50 p.m. with all members of the City Council in attendance. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to approve the Minutes of the City Council Meeting of February 23, 1971. Communication from E. Spindel, Director of Public Works, regarding Refuse Collection Schedule Changes, The Director of Public Works reported the rubbish contractor has requested a schedule change from six days to five, which would eliminate Saturday collection, He said this was reviewed by the Sanitation Committee and approved, and the new schedule will begin April 21st, In response to a question by Councilman Jennings, the Director of Public Works reported there will be no increase in rates dine to the change in schedule, and the pre- sent contract runs to October, 1971. In reply to a request by Mayor Ferris, Mr, Spindel stated he would request the contractor to report on whether or not the changed schedule will result in increased costs to the contractor, In reply to a question by Councilman Winton, Mr, Spindel stated the new rubbish collection schedule will be released to the newspapers for publication. Ordered to receive and file the communication, Communication from State Division of Highways reporting on Acquisition of property prior to freeway agreement, at 12844 Woodruff Avenue, In response to a question as to whether the acquisition was on a "hardship" basis, Mr, Heinz Heckeroth of the State Division of Highways explained that properties are acquired both on the basis of "'hardship" and "protection". Acquisi.tion of a piece of property on the "protection." basis might result from reviewing a 'building permit and evaluating the improvement, If economical to do so, the property owner would be contacted and the State would institute proceedings for acquisition of the vacant property. It was moved by Councilman Jennings, seconded 'by Councilman. Winton, and so ordered to receive and file the corron-nication. Councilman Winton requested the Building Department inspect the property to see that it is being maintained in conformance with the City Ordinances, Telegram from Kenneth J, Miller, 7336 Cleargrove Drive, dated March 3rd, regarding his case before the Public Utilities Commission. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to receive and file the communication and refer the matter to the City Attorney. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None REPORT OF LEGAL CLAIMS RECEIVED Reference #007 - Louis F. Riesenhuber, 9602 Cecilia St., Downey Reference #008 - Allstate Insurance Co. (Walter Reinschmi,dt), 8080 Florence Ave., Downey Ordered to receive and file reports of Insurance Claims. RESOLUTION NO. WS-728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 34468 - 34984 -- $200,639.61 -- PAYROLL) Council Minutes 3/8/71 -5- The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No, WS-728, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO, 13369 - 1356? -- $150,624,57) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No, WS-729, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-132, Unit 2, Stewart and Gray Road (Ext.), subject to final requirements of other agencies. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Parking Lot#18, East of Downey Community Recreation Center, Mr. Elton Wallar, 9141 Ratliffe,Downey, appeared before City Council and stated he has a business on Brookshire and did not consent to the agreement. Mayor Ferris suggested Mr. Waller meet with the Public Works Department in hopes of reaching an agreement, The Director of Public Works reported the Traffic Committee has taken under consideration removing parking on Brookshire fronting Mr. Wallar°s property and submitted a plan which would replace parking so that 'businesses would not be hurt too badly. He said the plan was approved by the Parking Place Commission, Following comments by Mr. Wallar and a report by the Director of Public Works, it was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to withhold action on the matter until following conference with Mr. Wallar and a report back to the City Council that all matters have been resolved, It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize Chapter 27 proceedings on Site Nos. 1, 2 and 3, Downey Improvement Proiect No. 617. Laura Street. North side between Old River School Road an AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to authorize the Department of Public Works to proceed with Special Lot Cleaning at 10806 Woodruff Avenue, at an estimated cost of $350. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 3I8I71 -6- It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to authorize the City Clerk to continue to honor the Agreement with California Code Service for Codification of the Cit 's Ordinances, and to authorize establishing a fee of $25, per year to maintain complete Code Books and $10`'. per year for single Codes for all persons other than. City Officials and Staff Members. AYES: 5 Councilmen. Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSEN"I': 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to grant permission to Participate in the L. A. County Co -Operative Bid for 1971-72 Gasoline Fuel Requirements, AYES, 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES, 0 Councilmen; None ABSENT: 0 Councilmen: None CITY MANAGERS REPORT City Manager Charles 'Thompson reported on the revised Freeway Agreement which in- corporates items submitted at the City Council Meeting of February 23rd, excepting such items felt to be more adequately covered under a separate agreement. It was moved by Councilman Winton to authorize the City Manager and City Clerk to advertise for a public hearing on. the Freeway Agreement to be held at 8:00 a.m., March 23, 1971, The City Manager requested the following language be added following the second "Whereas" of the proposed agreement: "Whereas, the Downey Unified School District Board has gone on. record as proposing and supporting the alignment as indicated herein and referred to as the °Gardendale®Foster Road Route,°1 The City Manager stated that he has not yet received the official statement on this from the Downey Unified School District, He was notified by telephone that it was being forwarded to him. The motion. was seconded by Councilman Hollis. The City Attorney stated the City Council should approve the agreement in the form as modified by the City Manager and that other requirements be considered at the public hearing, Councilman Morton stated he was opposed to a hearing prior to inclusion in the agreement of the position of the Downey Unified School District as any action to be taken will be predicated upon the position of the Downey Unified School District, Councilman Hollis stated he was in favor of setting the hearing with the understand- ing that if they did not have the official backing of the School District, this could be discussed at the public hearing, Roll call votes AYES: 3 Councilmen: NOES: 2 Councilmen: ABSENT: 0 Councilmen: Winton, Hollis, Ferris Morton, Jennings None Following further discussion., Councilman Jennings stated that inasmuch as the freeway agreement is a matter of great concern to many people, he would recommend a night meeting. It was moved by Mayor Ferris, seconded by Councilman Jennings, and passed by the following vote to reconsider the action setting the hearing on the freeway agreement. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The meeting was recessed at 9:40 p.m. The meeting was resumed at 9:50 p.m. with all members of the City Council in attendance, Council Minutes 3/8/71 -7- ­, _� " 1, Mayor Ferris stated one of the major objections is that there is no reference in the proposed agreement as to the position of the School Board relative to the route. He suggested the matter be referred to the City Manager to coordinate with individual Councilmen and bring back to the next City Council Meeting a revised Freeway Agreement, Councilman Morton stated if the Agreement was brought back to the next morning meet- ing, the Council could adjourn to an evening meeting agreeable to all members of the City Council for the purpose of the hearing. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote that the matter be referred to the City Manager and brought back to the next City Council Meeting, keeping in mind the advisability of setting a date for an adjourned evening meeting. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following discussion, Councilman Winton modified his previous motion: It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote that at its regular meeting to be field March 23rd, 1971, the City Council will adjourn the meeting to March 29, 1971 at 7:30 p,m, at a place to be designated by the City Manager and so publicized prior to the public hearing for the consideration of the Freeway Agreement, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORAL COMMUNICATIONS Councilman Jennings reported he would be out of town the week. of March 22nd and would be absent from the City Council Meeting of March 23rd, Councilman Morton requested a report back from the City Manager relative to the advisability of this City adopting a Consumer's Ordinance and that a copy of New York City°s Consumer Ordinance be obtained, He reported he had received three calls during the past two weeks of citizens being taken advantage of in connection with purchases of merchandise, He related an, instance of a couple in the low income 'bracket being high pressured into the purchase of an automobile which resulted in their being obligated to make a 'balloon payment at the beginning of the contract, When the people did not qualify for the loan for the purchase, they were obligated to pay$100, transfer costs, Councilman. Morton stated he believed that the City Council should have some authority to prosecute merchants in such cases and to provide a place for persons to file such complaints. On the recommendation of Mayor Ferris, it was moved by Councilman Winton, seconded by Mayor Ferris, and so ordered to approve the appointment of Mr, Irving Gertler, Member of the Board of Directors of the Downey Chamber of Commerce, to the City Beautification Comm:i.ttee. Mrs, Betty Kenley, 9028 Manzanar, appeared before the City Coxnci.l. She thanked the City Council for contacting the Highway Patrol regarding the police radio in back of her home, Mrs. Kenley protested the City"s purchase of property in the amount of $180,000. for the Wilderness Park, Councilman Morton responded to Mrs. Kenley°s comments, advising that the program for the development of this park has been in the process since 1965, In response to her comments relative to the fact that she did not see a provision for this in the budget, Councilman Morton advised her that this has been carried as a. Capital Item and has been in the budget for three years and there is money in the current budget for the first pbase of the project. Replying to comments by Mrs. Kenley that this matter was not brought before the City Council at its meetings, Councilman Morton, Councilman Hollis, and the Director of Parks and, Recreation, Jim Ruth, reported that the matter had been brought before the City Council many times and was approved by the Park: and Recreation Conunission with several meetings having been held before the Commission and with the residents of the area over a long period of time. Council Minutes 3/8/71 -8- In response to Mrs. Kenley's opposition to the residents of the City of Norwalk using the proposed park, Councilman Winton stated that one of the major considerations in the purchase of the property was the fact that residents from the surrounding communities would be using the park. He said the entire park will be in the City of Downey. Following statements of Mrs. Kenley opposing several items in the budget, Councilman Jennings suggested that Mrs. Kenley go through the items with the City Manager for explanations and then appear before the City Council with facts in a regimented manner, Replying to comments regarding the City's budget, Mayor Ferris stated that the City of Downey has the lowest cost for operating departments in the County of Los Angeles and provides all services with the exception of the services provided by the County Health Department. Fire Chief Robert Gain advised Mrs. Kenley that the information she had received from her insurance agent that there is no difference in fire insurance rates in a Class 2, 3, 4, or .5 rating in a residential area was in error. Councilman .Jennings made a motion to adjourn, No second. Councilman Jennings left the meeting at 10:30 p.m. Mr. Heinz Heckeroth, State Division of Highways, stated he would appreciate receiv- ing the revised Freeway Agreement and a formal notice of the hearing. Mr, Michael Kelly, 13546 E. Blodgett, asked why Mark Allen, Attorney, was retained by the City in the case being held in Los Angeles, Acting City Attorney Carl Newton replied that Mr. Allen is a partner in the firm of Burke, Williams and Sorensen, and that he, Mr. Newton, is also an associate in the firm attending this meeting in the absence of City Attorney Sorensen who is out of the State. He said this does not involve additional costs. Director of Planning, William Goggin, reported on a meeting of the Southern California Planning Congress to be 'held Thursday, March 11th, at Stark's Restaurant in West Covina, Mr. Goggin also reported on the change in format of the Planning Commission Minutes, wherein on most cases where there would be no appeal, the vninutes would be con- densed, amounting to savings of as much as thousands of dollars per year, The Director of Public Works, Ervin Spindel, reported the Campfire Girls in the Rio Hondo area will have a pancake breakfast at Apollo Park on Saturday', March 13th. There being no further business to come before the City Council, the meeting was adjourned at 10:40 p.m. ELLEN C. DAVIS, CITY CLERK /J SE G. FERRiS, MAYOF Council Minutes 3/8/71 -9-