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HomeMy WebLinkAboutMinutes-07-12-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 12, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT: Ordinance #397 Amending Sec. 9120.9 (a) DMC Relating to Alcoholic Beverages Appeal, Z.E. Case #987, 9341 Firestone Blvd. Appeal, Z.E. Case #983, 10065 Newville Ave. Appeal, Z.E. Case #991, 7204-42 Stewart and Gray Road Appeal, Z.E. Case #1009, 8855 Rosecrans Ave. Minutes, June 14, 1971 and June 28, 1971 Parking Lot #13, bet. Second & Third Sts., E/o Downey Ave. Appeal, Z.E. Case #1004, 9655 E. Firestone Blvd. Automated Want and Warrant System Report of Legal Claims Received Ref. #023, Robert A. Danielson Ref. #024, Thomas Chris Cash Legal Claim for Council Action Ref. #018, LaVon & Richard D. Evans Ordinance #398, Amending DMC Adding Sec. 4117.1 Relating to Discharge of Water on Public Street Resolution #2566, Urging Support of Legislation Proposed by Attorney General for Betterment of Criminal Justice System Resolution #2567, Req. Simplification of Distribution of Topics & Urban Highway Funds & Consol. Various Study Systems of Highways Resolution #2568, Approvg. Install. No Parking Any Time B/sides Stewart & Gray Rd. bet. Woodruff Ave. & Firestone Blvd. Resolution #2569, Prohibiting Parking Certain Times Once Ea. Wk. on B/Sides Boyne St. bet. Downey Ave. & Gurley Ave. for Street Cleaning Resolution #WS-745 (Payroll) Resolution #WS-746 (Payroll) Resolution IPWS-747 (B Warrants) CC #SS-242, Paramount Blvd. Award of contract, transfer of funds CC #271, Unit 2, Misc. Repairs 1970-71. Acceptance of improvements & auth. expenditure CC #286, Unit 1, Miscellaneous Repairs Req. from City Manager for Council Approval to Fill Position Vacancies Purchase Contract #170; Two Current Model 6 Cylinder Trucks with Bodies to Replace Water Division Units #1005 and #1006 Page 1 of 2 ACTION: Adopted Hearing continued to 7/27/71 PAGE NO. 1 2 Tentative approval -Referred to Planning Commission for report 3 Hearing continued until following adoption of enabling Ordinance 6 Appeal withdrawn 6 Approved 7 Referred to Study Committee 8 Hearing set for 8/9/71 8 Request for report by City 8 Manager No action 8 Denied 8 Adopted 9 Adopted 9 Adopted 9 Adopted 10 Adopted 10 Adopted 10 Adopted 10 Adopted 11 Approved 11 Approved 11 No action 11 Approved - New Policy adopted 11 Approved 11 Table of Minute Actions Council Minutes 7/12/71 SUBJECT: Contract for Rental and Cleaning of Uniforms - Two Year Contract (Bid #5097) SCAG Membership, Fiscal year 1971-72 Resolution #2570, Strengthening the Merit Principle of Pay Plan Continuation of Lease Agmt. on Pro Shop, Rio Hondo Golf Course on month -to -month basis Report of increase, Dog License Fee #105 Freeway Agreement Request from Helpline Youth Counseling Center for Councilman to serve on Board of Directors Councilman Winton absence 7/27, 8/9 and 8/24 Report, Santa Ana Freeway Widening Page 2 of 2 ACTION: PAGE NO. Approved 11 Denied 11 Adopted 12 Approved -Appointment of Committee 13 No action 12 Hearing set for 9/23/71 14 Denied 15 Approved 15 Deferred to 7/27 15 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 12, 1971 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 12, 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 Royal M. Sorensen, 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 & Safety Jim Ruth, Director of Parks & Recreation Robert W. Gain, Fire Chief Pete Stone, Detective, Police Department William Fritsche, Asst. Director of Building & Safety H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend David M. Foster, Downey Free Methodist Church, delivered the invocation, following which the Flag Salute was led by Councilman Morton. Mayor Ferris welcomed visiting students from Guadalajara. Councilman Winton presented each with a Certificate of Honorary Citizenship. Mayor Ferris introduced 26 Downey students and Mr, and Mrs. James Stauffer, who will soon depart for Guadalajara. The Mayor introduced a young group of "Council Watchers" from Downey Adult School and their instructor, Mr, Halsey, Mr. Halsey thanked the City Council for the opportunity to watch democracy at work, At the request of the Mayor, Councilman Winton reported that he and Councilman Hollis met with the Planning Commission legal advisors, and appropriate staff members to review Section 9120.9 of the Downey Municipal Code, He read that section of the Code. He said the committee was of the opinion that this section should protect mainly the R-1 Residential Area, and that it should be expected that property used for apartment houses would have located near it those uses described in Section 9120.9 of the Code, Councilman Winton recommended the adoption of an Ordinance amending this section to protect the R-1 Residential Zone, He recommended it be adopted as an Emergency Ordinance to take effect immediately. ORDINANCE NO. 397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9120.9 (a) OF THE DOWNEY MUNICIPAL CODE RELATING TO ALCOHOLIC BEVERAGES Councilman Winton read the Ordinance in its entirety. Councilman Jennings recommended a change in the language for clarity. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Ordinance No. 397 as amended, 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 #987, 9341 Firestone Boulevard, which was continued from the regular meeting of June 22, 1971. The Director of Planning, William A. Goggin, reported that at the last City Council Meeting, this case was taken under submission so that the Planning Department could ascertain the date the liquor license was seized. He said he had received a letter from Gordon L. Kelly, District Administrator, ABC, advising that the Internal Revenue Council Minutes 7/12/71 "1' 71 Service had requested the ABC to surrender the license on September 2nd. He said the records of the ABC indicate the license was surrendered on September 2nd. The Mayor inquired of the City Clerk if she had received any correspondence on the matter, and she replied she had not. The Mayor inquired if there was anyone present who wished to speak in favor of the matter. Mr. Robert Chamberlain, 11738 Adenmoor, Downey, requested a two weeks` continuance of this hearing to enable his attorney to prepare a presentation. _ The Mayor inquired if there was anyone present who wished to speak in opposition to this matter, and there was no response,. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #987, to July 27, 1971. 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 #983, 10065 Newville Avenue. He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmative. Director of Planning, William A. Coggin, reported that the request is to establish, operate and maintain a single carport attached to the main building with a side yard setback of three feet from the northerly property line; to connect the carport to the former garage that has a three-foot sideyard setback; to extend the eaves of the carport and garage to within six inches of the northerly property line; and to use the former garage for a "Home Occupation." He said the Planning Department believes the use of the garage is in violation of the Code requirements for a "Home Occupation." Mr. Goggin reported on a previous application for zone exception, Case #922, on this property which was denied by the Planning Commission and appealed to the City Council. The City Council approved the request, subject to several conditions. He said the applicant requested a second hearing on the matter to propose alternatives relative to the conditions imposed, and at the City Council meeting held October 12, 19-70, the City Attorney advised that the action of the City Council was final and conclusive and the request would require the filing of a new application for a zone exception. The Mayor inquired of the City Clerk if she had received any correspondence on the matter, and she replied she had not. The Mayor inquired if there was anyone present who wished to speak in favor of the matter. Mr. Phillip E, Poppler, attorney for the applicants, stated the new plans are different than those submitted in the first application in that the architectural configuration provides for a hipped or gabled roof to fit the architectural lines of the structure. He said they believe the new plans would be aesthetically more desirable and would bring no problems from the building and safety standpoint. He said there are five carport structures in the surrounding area without the full four -foot side yard setback. The Mayor inquired if there was anyone else present who wished to speak in favor of the matter, There was no response, The Mayor inquired if there was anyone present who wished to speak in opposition to the matter, and the following persons spoke in opposition: Mr. Arthur Haskell, 10068 Newville Ave. Mrs. Barbara Hovivian, 10028 Newville Ave. Mrs. Beatrice Hughes, 10054 Newville Ave. Mr, Dick Hillman, 10002 Newville Ave. Mrs. Marian Nixon., 10060 Newville Ave. Mr, Phillip E, Poppler spoke in rebuttal. He presented for the record a listing from the Southeast News and Downey Champion issue of June 6, 1971, of properties for sale - a house at 9611 E. Florence Avenue, and one at 10068 Newville Avenue, which he said are being sold for more than 10% in excess of the purchase price. Mr. Poppler also presented a letter dated June 2, 1971 signed by Gideon and Rose Johnson, 9611-E. Florence Avenue, favoring the zone exception. Both items were received for the record. Council Minutes 7/12/71 -2- In response to a question by Mayor Ferris, Mr. Goggin stated that an investigation by his Department revealed that there was an employee at one time, an alleged violation of the "Home Occupation". It was moved by Councilman Morton, seconded by Councilman Winton and passed by the following vote to close the hearing on Appeal, Zone Exception Case #983. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Responding to a question by Councilman Morton, Mr. Goggin stated that the five carports - referred to in Mr. Poppler's testimony as not meeting the setback requirements were established prior to the adoption of the City's Code. He said they are not in violation of the Code and that he was not aware of any "Home Occupations" being conducted in this area. Councilman Morton stated that the previous action of the City Council was based on the testimony presented and an inspection of the property by the Traffic Engineer and himself. He said at that time the City Council attempted to be fair not only to the applicant, but they also took into consideration the surrounding residential area. It was moved by Councilman Morton, seconded by Mayor Ferris and passed by the following vote to indicate that this City Council will allow the appeal and approve the exception on the same terms and conditions previously allowed, and to refer the matter back to the Planning Commission for report to the City Council. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor declared a recess at 8:45 p.m. The meeting resumed at 9:00 p.m., all Councilmen in attendance. The Mayor declared this is the time and place for hearing on Appeal, Zone Exception Case #991, 7204-42 Stewart and Gray Road. He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmative. Director of Planning,William A. Coggin, reported the applicant is requesting a townhouse development. He said the original request was to establish and maintain 90 2-story units on 7.8 acres of land; off-street parking for 180 automobiles; modification of building side yard setbacks to zero feet; front yard setbacks of fifteen feet; to subdivide the property into lots of less than the required (25' x 901); and establish a private recreation area and private streets to serve said lots, in an R-1-5000 zone. Mr, Goggin stated there are difficulties in a zone exception on a townhouse development because it limits the applicant in projecting his case. He said the applicant must have a plot plan and elevation and a hearing must be held on that. He said a concern of the Planning Commission and the opposition at the original and subsequent hearings was the opening of Nada Street from one subdivision to another. Mr. Goggin stated the Police, Fire and Public Works Departments concurred that it was necessary that Nada Street be projected through. The Mayor inquired of the City Clerk if she had received correspondence on the matter, and she replied that a letter from Mr. and Mrs. Ewing Bartgis, 7141 Cole Street, in opposition had been received, as well as a letter from Donald D. McBride, 7114 Cole Street, in which was enclosed petitions in opposition to the townhouse development and petitions in opposition to the opening of Nada Street, all signed by home owners in the area. Communications ordered received and filed. Mr. A. A. D'Alessandro, President of D & H Construction Co., Inc., 11607 Paramount Boulevard, applicant in this case, appeared before the City Council. He stated that for the record he would like to clarify that they do not possess 7.8 acres; they possess 7.9 acres as proven by survey maps presented to the City of Downey. He referred to the notices sent to the home owners in the area which stated there was 7.6 acres, and this was clarified at the Planning Commission meeting. He said at the first meeting of the Planning Commission they discussed 90 units and talked about dedicated streets, and then they came back to the Planning Commission with a revised plan. He said at the last meeting of the Planning Commission that he made it clear that when they appealed to the City Council, it would be 86 or 90 units. Council Minutes 7/12/71 -3- ss� Mr, Lawrence Held. 1.4409 Foster Road, La Mirada, spoke in favor of the townhouse develop- ment, He said that he had been a housing consultant for ten years and believes he has had as much or more to do with townhouse and planned unit development than any firm or indivi- dual in Southern California, He said from the standpoint of adverse affect on the communi- ty or possibly bringing in too much density, he has found there is more control over the development of a planned unit development than the ones that have conditions, covenants and restrictions. He said there is a pride in ownership equal to the R-1 Single Family Residence, Mr, Held stated the purpose of the planned unit development is to satisfy the need in a close -in community and high land cost community to provide the type of housing that people can afford. He said in their research and study made to provide the applicant with merchandising and marketing data, it was found that Downey has not been keeping pace with the surrounding cities in population, He said Downey is losing younger families in the age group of 45-50 who no longer have a need for a large home, but need adequate housing and individual privacy of their own homes. The townhouse development, he said, provides the convenience and compactness of an apartment -type unit, with landscaping, gardening and maintenance taken care of, and provides the needs for both the younger families that cannot afford more expensive homes and for the middle -age family that is looking for a compact unit adequate, Mr. Held stated it was their recommendation to Mr. D°Alessandro that this property not be developed with a low cost type of housing, but they felt that if it were developed to single family homes it would be too expensive, ranging from $50,000. to $55,000. He said the need for homes in the high twenties and middle thirties are not being satis- fied in Downey or surrounding areas, and that is the price range needed for young couples so that they could remain in Downey, as well as the middle -age couples. He said that many of their recommendations regarding the development proposed have been incor- porated into the plans. One of these is that single level houses will buffer the R-i Residential now existing so that the exposure to Stewart and Gray Road will give the image of R-1 Residential, He mentioned a change in the configuration of streets, that each home will face a parklike area without asphalt or sidewalks. Extra parking is being provided for campers and boats, Mr. Held stated that this development could be a forerunner in Downey and he feels sure that if the planned unit development concept is adopted , it could revitalize population growth and construction in the area. In response to a question by Councilman Morton, Mr, Held stated that each unit will have. a 2-car closed garage, in addition there will be 44 guest parking spaces, 21 boat spaces and 72 off-street parking spaces, The Mayor inquired if there was anyone else to speak in favor of the matter, Mr. D°Alessandro appeared before the City Council, He said that the gross acreage and square footage of the property is an important factor when it comes to density. He said that from San Diego to San Francisco there are variables in density, and he could find no evidence that there any hard and set rules. He reported on planned unit develop- ment in several cities with a different number of units per acre, Mr. D'Alessandro stated he believed some consideration should be given to the drain- age problem, with all natural drainage going south. He said there would be $80,000.to $100,000, built-in costs above any normal subdivision and with a planned unit development, these costs can be spread around. He said they have attempted to eliminate all of the arguments on the first plan, such as deciding to close off Nada Street, providing spaces for boats and campers, providing off-street parking, and constructing one-story units adjacent to the R-1 Residential, He said the new plans also provide a fire lane, and 68,000 feet of green belt, He said with the rising costs of construction, the typical home has jumped $4,200, in one year, He said Downey keeps building more and more expensive homes which stay empty because the people cannot afford them; they are trying to hit the proper market and the only way is a planned residential development, The Mayor inquired if there was anyone else present who wished to speak in favor of the matter an.d there was no response, The Mayor inquired if there was anyone present who wished to speak in opposition to Zone Exception Case #991, and the following persons spoke in opposition: Mr, Francis Hart, 9643 Cedartree Road; Edgar Pennington, 7102 Cole Street; J. C. Covington, 11853 Haro Avenue; Ernest Kelso, 7140 Nada Street; Donald McBride, 7114 Cole Street; Mr, Shook, 10357 Bellder Drive; Mrs. Bonnie Bowater, 11945 Susan Avenue; C. J. Patocka, 7210 De Palma Avenue; Mrs, Herman Quarnstrom, 7109 Cole Street; Council Minutes 7/12/71 -4- ,1� , Bruce Fertig, 7133 Cole Street; Mrs. McBride, 7114 Cole Street; Walter Marsden, 7117 Cole Street; Miller, 7110 Cole Street; Mrs. Kelso, 7140 Nada Street; Walter Johnson, 7308 Nada Street; McCormick, 11941 Susan Avenue; Lisa Johnson, 7308 Nada Street; Betty Miller, 11916 Susan Avenue; Eugene Biggs, 7131 Nada Street; G. McCarthy, 7321 Nada Street; G. Bowman, 7326 Nada Street; Katherine Moffett, 7146 Cole Street; Ken Miller, 7336 Cleargrove Drive. Mr. Francis Hart spoke with reference to the existing density problem in the State. Mr. Pennington stated he was not opposed to town houses, but believed the City Council should direct the Planning Commission to prepare a section for the Code to cover this type of development. Mr. Covington stated he is opposed to changing the R-1 character of the area. Mr. Kelso stated that since Downey does not have any provisions in the Code for such a development, it would require a zone exception. He quoted from Section 9130 of the DMC setting forth the required findings for a zone exception. He said that this case does not meet those requirements, and he believed it would be granting a special privilege inasmuch as two family dwellings on a 5000 square foot lot have been required to be built in an R-2 zone. Mr. Kelso said that one of the selling points of the developers of property east and west of the proposed development was that the area would be developed to single family homes. He also spoke of the health factor and safety factor, with twice as many dwellings on a single lot which would bring in more traffic, and recommended that townhouse developments be restricted to R-2 and R-3 zones until such time as Downey has developed a provision in the Code for this type of development. Mr. Donald McBride stated that the petition in opposition to this case was signed not only by residents of Rolling Green Estates, but also by home owners to the north. He quoted from a newspaper article regarding statements by the City Council that Downey would remain a quality residential area, Mr. Shook spoke of the need for code requirements for a planned unit development, Mr. Patoka spoke regarding juvenile problems in high density areas. Mr. Marsden spoke regarding the present problem of boats and campers in the area. Responding to a question by Mr, Kenneth Miller as to whether the denial of the Planning Commission was based on the plans for 90 units, Councilman Winton quoted the motion of the Planning Commission at its meeting of June 16, 1971, as follows: "Motion by Commissioner Durkee, seconded by Commissioner Glenn, to deny the request for a public hearing on the above proposal of 82 units in Zone Exception Case 4991; and to deny Zone Exception Case #991 as originally filed for ninety (90) units," The City Attorney advised that the Planning Commission denied the request as presented and denied any request for this planned unit development. He said the appeal having been made to the City Council, the City Council can consider the original proposal, or if it wishes to do so can grant a zone exception for some modification thereof which is less than that initially sought, the Council may do this. Mr. D'Alessandro stated there is an error in the minutes of the Planning Commission as read by Councilman Winton; that the proposals were for 86 units and 90 units, and there was none for 82 units. In rebuttal, Mr. D'Alessandro referred to comments of Mr. Pennington regarding open land provided in various areas other than Downey for this type of development. He said in the areas where there are hills and the acreage is undevelopable, about 60-75% of the open land is in hills and mountains, and 15-25% is on flat land. Responding to a comment by Mr. Covington, Mr. D'Alessandro stated that the land he purchased from the City he had requested the City Council to change from R-3 to R-1 and that he violently objected to R-3 on the east ashe wanted to protect the R-1. He said the townhouse development proposed meets all standards on the west and will be maintained that way. Replying to comments by Mr. Marsden regarding the parking of boats and trailers on streets and in alleys, he said that the storage area proposed was for that use, and that would be controlled by the Home Owners' Association, also that if there was parking of vehicles on the alleys, a law suit could be filed under the Conditions, Covenants and Restrictions. Mr, D'Alessandro stated he had received a letter from the City of Cypress which answers several of the rebuttal questions. The City Attorney advised him that the letter could not be read into the record as evidence as there has been a ruling in the past that a letter from another person in favor or opposition could be stated, but could not be read. Mr. D'Alessandro stated that the letter from the City of Cypress indicated that the developments there were 9 to 10 units per acre. Councilman Winton commented regarding the newspaper article read by Mr. McBride which stated certain statments were made by the City Council at a closed hearing. Councilman Winton stated the meeting was not a "closed" meeting, but a meeting adjourned to the Planning Department Office and it was open to the public. Council Minutes 7/12/71 -5- It was moved by Councilman Morton and seconded by Councilman Winton to close the hearing on Appeal, Zone Exception Case #991. Councilman Jennings stated that he believes it behooves the City Council to construct the first townhouse right if it is to be constructed. He said that since the City of Downey does not have an enabling ordinance for this type of development as some 50 to 60 surrounding cities have, he would like to take the matter under submission with the request that the City Manager work with the Staff to prepare an enabling ordinance with a sketch of a plot plan, proper plan of streets, and proper density that would come under the ordinance. He said he believes the City should have a proper ordinance as there are sure to be other requests for this type of development. Councilman Morton stated he had no objections to taking the matter under submission. He said, however, that there are other points that must be analyzed; that in a changing and complex society, there are new ideas and new innovations that warrant review and - analysis and that so far the Planning Commission and Planning Department have not studied out a planned development for townhouses or other land uses. He said that in addition, he believed that there were other points brought out at this hearing that warrant study, particularly the points brought out in Mr. Kelso's remarks when he addressed himself appropriately and adequately to the case as to whether or not the matter meets the zoning requirements, Responding to comments by Mayor Ferris as to the advisability of the City Council dealing with the matter before them at this time and then moving on to the matter of an ordinance, Councilman Jennings stated that he would not want to grant a zone exception for this type of development and find later that it did not meet the requirements of the ordinance. It was moved by Councilman Jennings, seconded by Councilman Morton and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #991 to the first regular night meeting of the City Council following the adoption of an enabling ordinance. AYES: Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: Councilmen: None ABSENT: Councilmen: None Councilman Winton, clarifying his "aye" vote, stated that he would vote "aye" for continuation simply to establish an ordinance; however, irrespective of whatever that ordinance might be, if the zone exception does not meet the findings of the zone exception, he would be adamantly opposed to it. Director of Planning requested a clarification as to the time the Planning Department and Planning Commission would be allowed for the preparation of the enabling Ordinance, and Councilman Jennings replied that his request is that it be prepared "with all due haste." The Mayor declared a recess at 10:27 p.m. The meeting resumed at 10:40 p.m., with all Councilmen in attendance. Appeal, Zone Exception Case #1009, 8855 Rosecrans Avenue. The City Attorney advised that the factual situation is that this zone exception is to allow the use of the premises for the serving of alcoholic beverages within 300' of a residentially zoned area in the City. He stated that Ordinance No, 397 adopted at this meeting imposes the prohibition set forth in Section 9120,9(a) of the Code only if the area so to be used is within 3001 of an R-1 Zone, and there is a further exception that if any R-1 zoned property has an exception granted on it for a use other than a single family residence, the prohibition does not apply, He stated it is his understanding that those facts are in this matter, making it unnecessary for a zone exception to be granted, and there is nothing now before the City Council to be decided upon. In reply to a question by Councilman Winton as to whether the filing fee should be refunded, the City Manager advised that the hearing was advertised and processed for presentation to the City Council, Mr, Richard Duncan, attorney representing the applicant, requested that the City's protest which is before the Department of Alcoholic Beverage Control be withdrawn. He withdrew the Appeal, Zone Exception Case #1009. It was moved by Councilman Winton, seconded by Councilman Hollis and passed by the following vote that the protest before the Alcoholic Beverage Control be withdrawn on the condition that the zoning matter is the only objection by the City. AYES: 5 Councilmen.: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/12/71 -6- w It was moved by Councilman Morton, seconded by Councilman Winton and so ordered to approve the Minutes of the City Council Meetings of June 14, 1971 (regular meeting) and June 28, 1971 (Adjourned meeting), Communication from Zella Brumley, Chairman of Parking Place Commission, requesting the City Council to purchase Parking Lot No, 13, between Second and Third Streets, east of Downey Avenue, and advising the First Baptist Church is contemplating purchasing this parking lot for future expansion of the church facilities, Reverend Harold L. Adams, Pastor of the First Baptist Church, stated that the attitude of the Church is that they want to make sure that the needs of the City should take precedence over the needs of the Church because what is good for the City is good for the Church, He said their request is that the City delineate and decide whether the purchase of this property is good for the City and necessary, The Director of Public. Works, Ervin Spindel, reported that the Board of Parking Place Commissioners have stated several times over past years that there is an in- sufficient number of parking spaces on the east side of Downey Avenue for the down- town business district., He said they have discussed the advisability of acquiring this lot through assessment district procedures, but they feel that first the request should be placed before the City Council as to whether the lot should be purchased from the General Fund for the best interest of the downtown business district. He said the Commissioners feel that the loss of this lot would have a detrimental affect on the businesses, In response to a question by Councilman Winton, the Director of Public Works stated there are three years remaining on the term of the lease and the sale of the lot would not terminate the lease automatically, The City Manager advised there is a, voluntary termination provision in the lease, and said there are two owners involved, Councilman Winton stated he would not be in favor of purchasing this lot from General Funds, Councilman, Morton reported that a few years ago there was a start of a serious blight . the downtown business district., with a 'tremendous number of vacancies - of stores, axtd many brildir,.gs on the verge of being condemned, He said the. prior City Council wen' to great lengths to work with the Downtown Merchants Association and the property owne.-s to ha,,e them voluntarily upgrade the area with the nocperation of the: City, He said this ncl-:,ded the widening of Downey Avenue, using Gas Tax Funds, and making funds a.vail.able for improvement of the buildings by condemning portions of their proper-ly, He .said that one of the things that was necessary at that time was to provide adequate parking; however most of the pa --king provided was on the west side of Downey Avenue, and the main parking lot on the east side was on the south side of Firestone. Bou:leva--d in front of what is now Kings Restaurant and the Lucky Market which the City Council later took away to make available for commercial use, Councilman Morton stated that while this City Council is not bound by actions of prior City Councils and there is no Legal obligation on the part of the City to acquire parking on the east side of Downey Avenue, he would suggest there is a moral obligation on the part of this City Council to keep good faith with the merchants and owners who made extensive improvements to upgrade the area, Councilman Hollis stated that he agreed with Coun.c'ilman. Morton, and that every consideration should be given to these people in the downtown business area, Mayer Ferris sr.ated there are many unknown facts regarding the subject parking lot, such as the appraised value and the asking price. He recommended that the City Council authorize the City Manager to proceed to obtain all of the necessary facts and to bring back a recommendation which would be to the best interest of all parties concerned on some type of a share formula, Councilman Winton recommended that there be a study made of the subject parking lot as to the number of vehicles using it for permanent parking as against those that are using it for part-time, as he 'believes some of the parking area is serving only one or two establishments, In reply to a question by Councilman Winton, the Director of Public Works stated that the City°s share in the thirteen parking lots is 1,1 million dollars, Councilman Morton stated that he agreed that a study should be made and that he would want to be involved in the study and the input of the study, Council Minutes 7/12/71 -7- Mayor Ferris appointed Councilman Morton, Councilman Hollis, City Manager Thompson, and appropriate Staff members as a Committee to study the matter of parking in the downtown business district and to bring a report* back to the City Council. Communication from Downey Dodge, nc., regarding Request for Hearing on Appeal, Zone Exception Case #1004, 9655 East Firestone Blvd. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1004, for 7:30 p.m., August 9, 1971. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from Downey Chamber of Commerce regarding Quarterly Report, April 1 - June 30, 1971. Ordered received and filed. Communication from Rev. Ernest A. Smollar, 8207 De Palma, expressing Appreciation for Tree Removal. Ordered received and filed. Communication from Chipman Truck Company, 12328 Woodruff Ave., commending Det. John Lynch and personnel of Police Department. Ordered received and filed. Communication from A. L. Maynard, 9615 Quinn Street, expressing Appreciation for assistance given by Sgt. Broxton, Downey Police Department. Ordered received and filed. Communication from Bill Lehman Construction Company, 8615 Florence Ave., expressing ciation for assistance given by Witold Hryniewicki, Civil Engineer, Department of c Works. Ordered received and filed. Communication from Quentin M. Garcia, Jr., U. S. Army, expressing Appreciation for assistance of Police Department. Ordered received and filed. Communication from Library Advisory Board enclosing Annual Report 1970-71. Ordered received and filed. Communication from Division of Highways regarding Report on Federal Highway Classi- fication Study. Received for information. Communication from Board of Administration, Data Service Bureau, City of Los Angeles, regarding Automated Want and Warrant System. Councilman Jennings requested that the City Manager prepare a report on increase or decrease in pickups as a result of the first few months operation of the Want and Warrant System. Memorandum from Ervin Spindel, Director of Public Works, enclosing Report regarding Traffic Signal Maintenance. Received for information. Communication from League of Women Voters of Downey regarding Report on Survey regarding Freeways in Downey. Ordered received and filed. Communication from Downey Civic Chorus regarding Financial Report for Fourth Quarter 1970-71. Ordered received and filed. REPORT OF LEGAL CLAIMS RECEIVED Ref. #023, Robert A, Danielson, 9725 Brock Ave., Downey Ref. 0024, Thomas Chris Cash, 10924 Pernell Ave., Downey LEGAL CLAIM FOR COUNCIL ACTION Ref. #018, LaVon and Richard D. Evans, 10611 Horley Ave., Downey It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote deny the Legal claim of LaVon and Richard D. Evans, 10611 Horley Ave., Downey. AYES: 3 Councilmen: Winton, Jennings, Hollis NOES: 2 Councilmen: Morton, Ferris ABSENT: 0 Councilmen: None Council Minutes 7/12/71 -8- Councilman Morton stated the basis for his "no" vote was that the recommendation of the Department indicates there may be a question as to the negligent party. City Manager Thompson stated the action to deny does not deny the claim officially. The insurance company is still concerned with the matter of determining any liability, and the terms of the insurance are that the City will take no action that would prejudice the case. Communication from Downey Unified School District regarding Committee Appointments. Ordered received and filed. Mayor Ferris acknowledged the presence of Mrs. Catherine Walker in the audience and congratulated her on her election to the All Freeway Meetings Committee. ORDINANCE NO. 398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 4117.1 RELATING TO THE DISCHARGE OF WATER UPON A PUBLIC STREET The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, 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 Ordinance No. 398. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING SUPPORT OF LEGISLATION PROPOSED BY THE ATTORNEY GENERAL FOR THE BETTERMENT OF OUR CRIMINAL JUSTICE SYSTEM The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Mayor Ferris, and passed by the following vote to adopt Resolution No. 2566. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING SIMPLIFICATION OF THE DISTRIBUTION OF TOPICS AND URBAN HIGHWAY FUNDS AND CONSOLIDATION OF THE VARIOUS STUDY SYSTEMS OF HIGHWAYS 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. 2567. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE INSTALLATION OF A NO PARKING ANY TIME PARKING RESTRICTION ON BOTH SIDES OF STEWART AND GRAY ROAD BETWEEN WOODRUFF AVENUE AND FIRESTONE BOULEVARD Council Minutes 7/12/71 -9- 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. 2568. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON BOTH SIDES OF BOYNE STREET BETWEEN DOWNEY AVENUE AND GURLEY AVENUE FOR STREET CLEANING The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2569. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-745 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. 38578 - 39092 -- $191,296.33 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-745. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-746 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. 39093 - 39610 -- $195,797.27 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. WS-746. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-747 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. 15141 - 15251 -- $61,332.84) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. Council Minutes 7/12/71 -10- It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. WS-747. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #SS-242, Paramount Boulevard, in the amount of the unit prices bid for the Base Bid to the Sully - Miller Contracting Co, of Long Beach, for construction of street improvements, and authorize the following transfer of funds: Amount From To $1,000. Gas Tax Surplus (2106) 26 16092 AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Hollis, seconded by Councilman Winton, and passed by the following vote to accept the improvements completed under Cash Contract #271, Unit 2, Miscellaneous Repairs 1970-71, and authorize expenditure of $1,894.88 from Account No. 27 11317, Miscellaneous Repairs, C.C. No. 286. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works reported on Cash Contract 0286 Unit 1 Miscellaneous Repairs, and as requested by the City Council at its regular meeting of June 22nd pre- sented a list of the streets and drawing indicating where miscellaneous curb, gutter, and sidewalk repairs will be made in conjunction with the subject project. He stated locations were compiled from the tree removal list recently approved by City Council, and other locations may be added during the term of the contract in response to service - requests. Request from City Manager for City Council Approval to Fill Position Vacancies. Mayor Ferris reported that at the Adjourned Meeting of June 28th the City Council requested that prior to filling any full-time employee vacancies, the matter must be brought before City Council for prior approval. The Mayor recommended rather than hold these matters for the Council Meeting that a committee of the Mayor and one Councilman be authorized to review these requests and obtain recommendations from the other Councilmen. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote that as a matter of policy the Mayor and Councilman Jennings be designated as a committee to review the requests for filling vacancies of permanent employees with authority to act on behalf of the City Council. 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 approve Purchase Contract #170; Two Current Model 6 Cylinder Trucks with Bodies to Replace Water Division Units #1005 and #1006. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote award Contract for Rental and Cleaning of Uniforms - Two Year Contract (Bid #5097), to Welch"s Industrial Uniforms of Los Angeles, the lowest and best bidder, and reject all other bids. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/12/71 -11- CITY MANAGER'S REPORT City Manager Charles Thompson reported on invoice received from SCAG for the fiscal year 1971-72 in the total amount of $1,398. He said that Mayor Pro TemWinton is now serving as the Cityls representative to SCAG and Councilman Jennings is the alternate. He said the City has belonged to SCAG since the fiscal year 1965-66, and he referred to the leaflet distributed by SCAG, "Issues and Answers," outlining the purposes and pro- grams conducted by them. He said that SCAG serves generally as a clearing house for various Federal programs and as a coordinating agency for area -wide projects such as transportation, air pollution, and Federal grant programs. City Manager Thompson recommended approval of payment of the invoice for membership at least for the current year, in view of the City's possible interest in several programs which will require some area -wide review indicating consistency with area needs and area programs. He said his recommendation is not an indication that any approval of a Federal program is dependent upon the City`s membership in SCAG. Councilman Winton stated he failed to see where membership in this organization had been of significant value over the past year. He recommended that membership not be continued for the coming fiscal year. Mayor Ferris, Councilman Winton, and the City Manager spoke with reference to the efforts made by SCAG to become a regional government with taxing powers over the cities and the people, in direct conflict to the policy of home rule as well as the joint powers agreement which established SCAG. Mayor Ferris stated that membership in SCAG on a voluntary basis would permit the City to have some control over the efforts of that organization which are in conflict with the policies of home rule. It was moved by Mayor Ferris and seconded by Councilman Jennings to approve membership in SCAG for the fiscal year 1971-72. AYES: 0 Councilmen: None NOES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: 0 Councilmen: None City Manager Thompson reported that as requested by the City Council, the Personnel Advisory Board has met for the purpose of clarifying the Merit System as set forth in the pay plan. He stated that revisions have been recommended which would separate - eligibility for step increases from qualifications by individuals for such increases, and integrates merit rating with step increases and requires higher qualifications for the "E" step. In addition, he stated, the revision provides for a limited Merit Incentive Award to impel continuous motivation and evaluation of employees in terms of specific incidents of performance. He presented a resolution to implement these revisions and recommended its adoption. RESOLUTION N0, 2570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY STRENGTHENING THE MERIT PRINCIPLE OF THE PAY PLAN The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2570. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None —' City Manager Thompson reported the County has increased its Dog License Fee from $4,00 to $5,00, effective July 1, 1971. He said the City contracts with the County for Dog Pound services for which they collect and retain these fees. He stated that under Ordinance 254 any County fee increase is automatically consented to by the City. City Manager Thompson reported the present lease for the operation of the Pro Shop at the Rio Hondo Golf Course expires August 1, 1971. He said that during the past several months the concessionaire of the Pro Shop has expressed an interest in financing, on his own, a Driving Range and, possibly, an enlargement of the Pro Shop. He stated the Staff and the Park and Recreation Commission have studied the matter and believe the pro- posed Master Plan prepared by a local architectural firm should be thoroughly reviewed by Council Minutes 7/12/71 -12- an outside source to ensure an objective analysis and evaluation, prior to any final recommendations in regards to any major change or improvement. The City Manager recommended continuance of the present Lease Agreement on a month - to -month basis under the same terms and conditions as presently agreed to, and that the City Council authorize a study, through the City Council and Staff, to reach specific recommendations as to the adoption of a Master Plan, review by a consultant of the Master Plan, and specifically, a review of the proposals for a Driving Range and/or changes in the Pro Shop. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to continue the Lease Agreement on the Pro Shop at the Rio Hondo Golf Course with Laning S. Andrews on a month -to -month basis. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris stated his "Aye" vote is contingent on the understanding that the committee as recommended consider seriously the competitive situation of the Pro Shop or any expanded version of the Pro Shop. Councilman Morton stated he was not in accord with the employment of a consultant when the City has now a Master Plan presented to them for review and analysis. Mayor Ferris appointed Councilmen Jennings and Hollis to work with the Staff and Park and Recreation Commission to study the Master Plan of Development of the Rio Hondo Golf Course and bring back a report and recommendation to the City Council. City Manager Thompson stated he had received a letter and final draft of the proposed Route #105 Freeway Agreement from the Division of Highways. He said after several meetings with the Division of Highways they have reached a point where there is a document which includes all of the items of concern to the City on which the City Council has indicated in various meetings and by several Council actions that should be included in the Agreement. He referred to Exhibit "B", Performance Agreement, Route 105 Freeway. He submitted the Agreement for the Council's consideration and any action which the Council deems appropriate at this time. He clarified that there is no action required at this time for approval of the agreement; that the only action for the City Council to consider at this time other than to completely deny, would be the matter of setting a hearing. Councilman Jennings referred to the item in the Freeway Agreement, Page 2, beginning with Line 30, ....."the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures." He inquired if this could indicate that if funding was not available when the freeway had been completed half way through the City of Downey, that it could stop until funds were available. Mr. Heinz Heckeroth, Assistant District Engineer with the Local District Office of the Division of Highways, stated that Councilman Jennings' question relates to budgeting by the California Highway Commission. He stated the California Highway Commission budgets money annually for right-of-way program and the construction effort. He stated it would be their recommendation to them for annual budgeting purposes to carry out the project in the Downey area in two segments concurrent with completion dates that would fall within the same month, and it would be the intent of the Commission to assure Interstate Federal reimbursement of the funds expended on construction. He said the current Congressional date of completion of the Interstate System is October 1, 1977 and, therefore, between now and that date the job must be completed to get a reimbursement of funds. Councilman Jennings inquired of Mr. Heckeroth if the Division could assure the City Council that the route from City Limit to City Limit would be in one budget. Mr. Heckeroth stated that he could assure the City Council that their recommendations to the Highway Commission would be to assure completion within Downey in one fiscal year, and if that is not possible within one particular year, the project would be deferred so that would become possible. Councilman Jennings referred to Page 2, beginning with Line 7, which states that the location of signs, signals and other traffic -control devices would be determined by the State. He inquired why that could not be a mutual determination by the City and the State Council Minutes 7/12/71 -13- � i w Mr. Heckeroth replied that in effect it works that way because the plans for the roadway work as well as the signals are all countersigned by the Director of Public Works. The City Manager stated that with reference to the last item mentioned, there is an apparent inconsistency with the Performance Agreement in that the Performance Agreement does call for specific locations. Councilman Jennings called attention to the provisions set forth on Page 4, Paragraph 8, of the Performance Agreement, which states that, "the purchase of all property wit',in the City will be for the entire parcels in all such cases where a partial taking reduces the parcel size below 80% of the minimum requirements." He stated this could mean that in the case of a 5000 square foot lot, the City could end up with under- sized lots. City Manager Thompson stated that was the purpose of this provision, as the Agreement also states "as jointly determined by State and City, and as prescribed by the Zoning Ordinance of the City." Councilman Jennings also referred to Page 5, Paragraph 12, regarding landscaping, which states that the State's planting planning program will "include landscaping project(s) which will assure award of landscaping contract(s) within a year following completion of freeway construction..." He asked if that could mean that the land could be completely barren for a year following construction. City Manager Thompson replied that the intent of the language was to obligate the State to come up with a landscaping plan acceptable to the City since the State budgets these particular activities out of separate funds from the construction funds and they must submit a budget on these items. The wording was intended to coincide with the fiscal year in which the construction ended, and the purpose was to ensure that it could not be later than one year. Replying to comments by Councilman Winton regarding the Long Beach Freeway having been barren for twelve years, Mr. Heckeroth stated that there are examples of freeways where there was not landscaping for a number of years and that in some cases this relates to a policy held to for many years that they do not landscape a freeway in a rural setting where the urbanized area has not caught up with the construction of the freeway. He said under the present system of landscaping, they are unable to assure Cities that they can fund landscaping within a year following completion, but that this clause in the Performance Agreement assures Downey of that. Councilman Winton pointed out that the strongest points the City Council had contended for are not in the Agreement. One is the date of completion, although re- ceived verbally, is not in the Agreement; all of the other conditions are strictly mechanics unless there is some guarantee of specifications as to the time element. He said he believed the Agreement does not include many of the items on which they discussed in Sacramento and on which representatives of the Division had come back and agreed to verbally. He stated he would have stringent recommendations on those items that he believes have been deleted. Councilman Winton stated that some of these deletions were concerning truck routes referred to in Item 1. of the Performance Agreement; in Item 2 which states the "tenants or owners of any dwelling unit at the time of right of way acquisition shall, at a fair rental, be permitted to remain in said unit which will be maintained substantially in its existing condition ....... `° Councilman Winton stated it is extremely hard to define "substantially" in a Court of law. He said their original discussions on this were "to City Code." He recommended that each Councilman come back with recommendations to the City Manager to strengthen each of the conditions set forth. He said he would also request the City Council to receive and file the Agreement, bring back their recommenda- tions to the City Manager, and set a date for a public hearing on the Orange Route, and that at the conclusion of the public hearing if the Agreement has not been strengthened to the satisfaction of the City Council, that the City Council take appropriate action. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to set the public hearing on the Freeway Agreement for 7:30 p.m., Thursday, September 23, 1971, and to request the Staff to obtain permission from the School Board to hold the public hearing in the Downey High School Gymnasium. AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Jennings Council Minutes 7/12/71 -14- Mayor Ferris reported on a Late communication from the Helpline Youth Counseling Center, and he inquired if the City Council wished to take any action on it at this time. Councilman Morton stated the matter had been discussed previously and the City Council endorsed the program by a resolution. He stated he did not believe it appropri- ate for City Councilmen to serve on a Board of Directors in an organization such as this, and that there are organizations in the City with similar interests. He stated he would continue to give this organization the same support as in the past, endorsing it and urging the citizens to support it. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to deny the request of the Helpline Youth Counseling Center for a member of the City Council serving on their Board of Directors. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Winton stated it was with a great deal of regret that he requests the City Council's permission to be absent from the City Council Meetings of July 27th, August 9th, and August 24th. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the Absence of Councilman Winton from the City Council Meetings of July 27th, August 9th, and August 24th. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Winton The Report on the Santa Ana Freeway Widening was deferred to the next City Council Meeting. The City Council approved the distribution of copies of the #105 Freeway Agreement by Mr. Heinz Heckeroth to the Press representatives. There being no further business to come before the City Council, the Meeting was adjourned at 12:40 a.m. ELLEN C. DAVIS, CITY CLERK J E H 1. FERRIS, MAYOR 0 Council Minutes 7/12/71 -15-