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HomeMy WebLinkAboutMinutes-10-11-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 11, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT: Appeal, Z.E. Case #1013, 7221-7317 Florence Ave Resolution #2597, Ordering Annexation to City Lighting District (Annexation 71 Area 28) Appeal, Z.E. Case #1014, YMCA, 11531 Downey Ave. Minutes, Special Meeting August 18, 1971 FITWO IN Denied Adopted PAGE NO. 2 3 Indicated intent to approve; referred to Planning Commission Approved as corrected Minutes: Regular Meetings August 24, 1971, September 13, 1971; Freeway Hearing September 23, 1971; Regular Meeting September 28, 1971 Approved 105 (Century -Norwalk) Freeway Agreement and Performance Agreement Establishment of Citizens Complaint and Alliance Committee Establishment of 105 Freeway Commission D.I.P. #619, Sidewalks, 7540 Quinn St., Wiley -Burke Ave. Frontage - Chapter 27 Proceedings Communication from Mayor re Helicopter Program Approved; Mayor authorized to sign Disapproved Approved Approved Received and filed Ordinance Amending Sec. 6226, 6227.1, 6235, 6239, 6241, 6242, 6246, 6247, 6248.1, 6250, 6253, 6254, 6255, 6256, 6257, 6258, 6259, 626-1`, 6266, Adding Sec. 6267, Repealing Sec. 6229, 6230, 6237, 6248, 6259.1, 6260, 6262, 6263 d 6265, Chapter 2, Art. VI, DMC, Relating to Business Licenses Introduced as modified Emergency Employment Act - Authorization to continue Program Communication from Union Oil Co. of Calif. requesting permission to conduct Vibroseis Geophysical Survey Communication from Downey Chamber of Commerce subm. Report for Quarter ended 9/30/71 Legal Claims: #0289 Phyllis D. Kelso, 7140 Nada St., Downey Ordinance Amending Sec. 2503.2, Chapter 5, Art. II, DMC, Relating to Equipment Replacement Fund Resolution 4WS-758 (Payroll) Resolution #WS-759 (B Warrants) CC #SS-23R, Seventh St., Paramount to Downey CC #288, Muller St., Lakewood to Shellyfield - Award of contract CC #SS-23`l, Downey Ave. Railroad Safety Gates - Suppl. Agmt. with So. Pacific Railroad Company Page 1 of 2 Disapproved Received and filed Received and filed; approved request for funds Denied, referred to Carrier Introduced as amended Adopted Adopted Carried over to 11/8/71 Approved Approved 4 4 4 7 7 8 8 9 9 d 11 9 9 10 10 10 10 11 11 11 11 Table of Minute Actions Council Minutes 10/11/71 SUBJECT: Imperial Highway Depression, Rancho Los Amigos Hospital - Plans & specifications Request from Russell's Bike Shop to waive parking requirements ACTION: Approved Referred to City Attorney for review and report Resolution Endorsing in Principle the "Rio Hondo/ Los Angeles Rivers Beautification/Recreation Report", recommending Bd. Supervisors of County include Area Encompassed by Report in County's Recreation & Open Space Program for Development Referred to City Attorney at Earliest Possible Time for review and report Request for Expansion of Pro Shop, Rio Hondo Authorize City Attorney to Golf Course prepare Addendum to Lease Agmt Proposed Architectural Agreement - 24 Acre Park Taken under submission Request for transfer of funds for construction of Rest Room & Snack Bar Facilities - Golden Park Approved License Agreement with So. Calif. Edison Co. - 24 Acre Park Approved as modified Request for Funding, Helicopter Program City not to continue with request Comments of Councilman Morton re #105 Freeway Agreement decision No action Comments of Councilman Winton re #105 Freeway Agreement decision No action Page 2 of 2 PAGE NO. 12 12 13 13 13 13 14 14 14 14 IBM MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 11, 1971 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 11, 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief William Fritsche, Assistant Director of Building d Safety H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Dr. Marvin Jackson, Grace Baptist Church, delivered the invocation, followed by the Flag Salute led by Councilman Winton. With the assistance of Police Chief Morgan, Mayor Ferris presented a special commenda- tion to Mrs. Charles Youde, President of the Downey Junior Women's Club, for the Club's voluntary services to the Police Department and its support to the community. Mr. Eldon Osborn, representing the Pasadena Tournament of Roses, presented to the City Council a color photograph of Downey's entry in the 82nd annual Tournament of Roses Parade held January 1, 1971, in which Downey's entry won third place in its class. Mayor Ferris reported he had recently returned from a trip to Downey's Sister City, Guadalajara, Mexico, to assist in the celebration of their Independence Day. He said while he was there he had the privilege of escorting Rhona Weinberg, Miss Downey of 1971, and her chaperone, Mrs. Wanda Dunnum. Mayor Ferris presented a certificate to Miss Weinberg and Mrs. Dunnum for the fine manner in which they represented the City of Downey. Mayor Ferris reported on the retirement of Mr. Charles D. Woodworth of the Personnel Advisory Board. He said Mr. Woodworth has served with distinction in representing District #2. With the assistance of Councilman Jennings, Mayor Ferris presented a certi- ficate to Mr. Woodworth. Councilman Jennings said Mr. Charles D. Woodworth has served on the Personnel Advisory Board from June 8, 1957 to August 25, 1971. He said Mr. Woodworth has carried the Board through some very difficult times. Mrs. Leona Aldridge, President of the Downey -Guadalajara Sister City Association, presented to the City Council a color portrait of Ava Hernandez, the 1971 Queen of Guadalajara, to be placed in the Guadalajara Room. Mayor Ferris stated it was his first trip to Guadalajara, and he appreciates the warm relationship that exists between the two Cities. He said the Sister City Associa- tion has done a fine job this year. Councilman Hollis offered his thanks to Mr. and Mrs. Charles D. Woodworth for their service to the City of Downey. Mayor Ferris declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1013, 7221-7317 Florence Avenue, which was continued from the regular meeting of September 13, 1971. Director of Planning William Goggin reported the request is to establish and maintain a two-story, 96-unit apartment dwelling with off-street parking for 192 automobiles, a two -level parking structure at the rear of the lot, modification of building setbacks, and recreation facilities on adjacent property zoned R-1. He said the Planning Commission Council Minutes 10/11/71 -1- •, approved the case subject to certain conditions, and the applicant is appealing some of the conditions, Mayor Ferris inquired of the City Clerk if she had received any correspondence on the matter, and she replied she had not. Mayor Ferris inquired if there was anyone present who wished to speak in favor of the matter. Mr. William Brining, 9063 E. Florence Avenue, Downey, spoke in favor of the zone exception. In regard to the two -level parking structure, he said, it is their desire to put in a 12 to 12� foot wall. Mr. Brining stated there seems to be no objection to this wall by the owners of the adjacent property at 7304 Dinsdale. He distributed to the City Council photographs of properties in Downey showing 15 foot parking structure walls, 10 feet between the buildings, and five foot yard setbacks. Mr. Brining objected to the requirement of 20 feet between buildings, which he said is twice as much as the Code requires. He said the setback between the buildings is 10 to 20 feet throughout the complex. He referred to other apartment buildings in the City located at 9070 and 9063 Florence Avenue, Paramount and Farm, and the Edon Roc Apartments. Mr. John Moeller, 7300 Dinsdale, said he Lives behind the property and no longer objects to the construction of apartment buildings on the property, providing the wall is no higher than 12 to 12� feet. Mayor Ferris inquired if there was anyone else present who wished to speak in favor of the matter, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. In response to comments by Mr. Brining, Mr. Goggin explained it is no longer felt that the minimum Code requirements are correct, and that is why they are requiring greater distances between buildings, He said the minimum requirements placed on the parking wall are for the protection of the adjacent property owners. In regard to the parking wall, Mr. Brining said it will contain a 42 inch railing. He said he does not feel that anyone parking their automobile in the apartment lot could see down to the residential properties. Mr. Brining requested that he be granted the 10 foot setbacks between buildings. Mr. Moeller stated he had no objections to a 42 inch railing, however, he would prefer four feet. In response to a question by Mr. Goggin, Mr. Brining said the four foot railing would be a four foot masonry wall. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to close the hearing on Appeal, Zone Exception Case #1013, 7221-7317 Florence Avenue. Director of Planning Goggin replied to questions of the Mayor and City Council. It was moved by Mayor Ferris, seconded by Councilman Winton, and passed by the following vote to uphold the decision of the Planning Commission in Zone Exception Case #1013. 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 Downey City Lighting District Annexation 71/23 - Eglise Avenue. He inquired of the City Clerk if she had the Affidavit of Posting Notice and Affidavit of Publication, to which she responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to receive and file the Affidavits. Mayor Ferris inquired of the City Clerk if she had received any written protests, and she replied she had not. Mayor Ferris inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. Council Minutes 10/11/71 -2- _ 4?9 It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to close the hearing on Downey City Lighting District Annexation 71/23 - Eglise Avenue. RESOLUTION NO. 2597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 71 AREA 28) 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. 2597. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris stated the next item on the Agenda is the public hearing on Zone Exception Case #1014, Y.M.C.A., 11531 Downey Avenue. He said that inasmuch as he is a member of the Board of Managers of the Downey Y.M.C.A. he wished to be excused from the hearing. Councilman Morton stated he is also a member of the Board of Managers of the Downey Y.M.C.A., and he also wished to be excused from the hearing. Mayor Pro Tem Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1014, Y.M.C.A., 11531 Downey 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 Goggin reported the request is for a 87 square foot sign to be located in the front portion of the front yard setback. He said at the Planning Commission hearing the Commission approved a 20 foot sign. He said the Y.M.C.A. appealed the decision and the case was brought to the City Council for appeal. He said prior to that time discussions were held between the Y.M.C.A. and the Planning Department, and it was felt that a solution had been reached. He said at the hearing the matter was referred to the Planning Commission for review. Mr. Goggin stated, after review and report, the Commission recommended denial of the appeal and a request to uphold the Commission's decision for the 20 square foot sign. In response to a question by Councilman Jennings, Director of Planning Goggin stated the Planning Department discussed the matter with the Y.M.C.A. and a solution was reached. When the solution was submitted to the Planning Commission for consideration, the Commission turned it down. Mayor Pro Tem Winton inquired of the City Clerk if she had received any correspond- ence on the matter, and she replied she had not. Mayor Pro Tem Winton inquired if there was anyone present who wished to speak in favor of the matter. Mr. Willis Hanes, Architect, 8050 Florence Avenue, representing the Downey Y.M.C.A., said the sign they wish to install was donated to the Y.M.C.A., it is approximately 48 square feet in area, and they wish to install it in the setback area to aid in advertising various youth activities. He said the existing sign is 6' wide by 513" in height. He said the original proposal involved placing the existing sign on top of the proposed marquis, making a total of 78 square feet, and this request was denied by the Planning Commission. He said on July 21st the Planning Commission approved an interior lighted single -faced wall sign of 20 square feet, not more than 12 feet above grade to the top of the sign, which he said would not be as effective as a double-faced sign and would require revamping costs. Mr. Hanes said the latest proposal met with the approval of the Planning Department but was denied by the Planning Commission. Mayor Pro Tem Winton inquired if there was anyone else present who wished to speak in favor of the matter, and there was no response. He inquired if there was anyone pre- sent who wished to speak in opposition, and there was no response. Council Minutes 10/11/71 -3- R It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1014. AYES: 3 Councilmen: Winton, Jennings, Hollis NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Ferris In response to a question by Councilman Jennings, Mr. Goggin stated the largest sign in the vicinity of the Y.M.C.A, is at Stewart and Gray Road And is a Shell Service Station sign 84 square feet, with the other service stations having approximately 60 square foot signs. It was moved by Councilman Jennings to approve the request for the 50 square foot sign. No second. City Attorney Sorensen stated under the Code if there is an appeal from the Commission to the City Council, the City Council does have the jurisdiction to either approve, deny, or modify the action of the Commission, but before the City Council can take a final action contrary to that of the Planning Commission, it must go back for a report. It was moved by Councilman Jennings and seconded by Councilman Hollis to approve the sign requested by the applicant. Councilman Jennings withdrew his previous motion and made a motion to take no action on the matter until it has been presented in a proper manner. Motion died for lack of a second. It was moved by Mayor Pro Tem Winton, seconded by Councilman Hollis, and passed by the following vote to indicate to the Planning Commission that it is the intent of the City Council to approve the requested sign modification in Zone Exception Case #1014 with the elimination of Condition #2 relating to type and size of sign, and that the matter be referred back to the Planning Commission for review and report. AYES: 3 Councilmen: Winton, Jennings, Hollis NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Ferris Mayor Ferris and Councilman Morton returned to the meeting. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to approve the Minutes of the Special City Council Meeting of August 18, 1971. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to approve the Minutes of the City Council Meeting of August 24, 1971. City* Manager Charles Thompson stated he was not present at the Special City Council Meeting of August 18, 1971 and requested the Minutes be corrected. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to correct the Minutes of the Special City Council Meeting of August 18, 1971. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to approve the Minutes of the City Council Meeting of September 13, 1971. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to approve the Minutes of the Freeway Hearing of September 23, 1971. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to approve the Minutes of the City Council Meeting of September 28, 1971. 105 (Century -Norwalk) Freeway Agreement and Performance Agreement Councilman Winton stated he has completed a 13-year overview of the Century -Norwalk, Route 42/Route 105 Interstate Freeway in the City of Downey to date. He offered the following final analysis for consideration of the City Council prior to a vote on the Street Closing Agreement: Council Minutes 10/11/71 -4- r "1. From April 1958 until March 13, 1967, a total of nine years, District No. 1, through which the freeway passes, was represented by one vote, a vote on June 25, 1963, against the freeway by the late Honorable Mayor Stephen G. Skinner. 2. That Resolution No. 231, April 28, 1958, to include the Century Freeway through the City of Downey was recommended by one man, the former City Manager. 3. That from 1958 to February 1967 not one announced specific Public Hearing was conducted by the City or State to solicit citizen opinion relative to those in favor of or opposed to the 105 Freeway. 4. That inclusion of this freeway through the City was based on resolutions passed by local agencies and organizations which, as you know, stated no public or private structures will be displaced in spite of the fact that 800-900 private structures will be displaced. 5. That the Governor's appointed committee which authorized the inclusion of Interstate 105 through Downey on the State General Plan of Highways and Freeways, did in the fore page of the Quadrinal Review, acknowledge. in writing that they had no definitive guidelines to use to determine if a freeway should be included or deleted, and they were simply going on resolutions such as I just mentioned. 6. That neither the State Senate or Assembly had a Committee to receive and review this Quadrinal Review and that it was passed with a Floor vote without being reviewed by our elected State representatives. 7. That the State Division of Highways has presented for Federal aid and approval the plan for this freeway without regard for the Federal Trans Act which states "The Federal Secretary of Transportation cannot approve any plans or specs of any project until a signed agreement is reached with all local officials of all local agencies in which the project is to be constructed. 8. That the Gruen Report clearly indicates a significant increase of traffic flow on major north -south streets within the City after the freeway is completed, and would do little to relieve east -west congestion. If we approve the increased north -south traffic flow we will supply the needed requirements for the Division of Highways to request a future north -south freeway through the center of Downey, a request that very well may be supported by larger cities than we, and which, as in the case of the 105, may slide by without complete review of those in State representation? 9. That the criteria for construction of the 105 Freeway established in 1958 has been diminished by the terminus of the 105 Freeway at the 603 and could be completely eliminated by the Artesia Freeway two and one-half miles south, if the Division of Highways would quit sequester- ing State funds from it in an attempt to secure Federal funding for the 105. 10. That as of this date, all those on record in favor of the 105 Freeway through Downey are those that: (1) Maintain their homes in another city. (2) Live in a section of the city that will not be immediately affected by the congestion, noise and filth. (3) Are those living in the area affected that want their homes purchased so they may move from Downey and at no time have expressed concern or a plan for protection of those citizens left beside the freeway. 11. That as of this date, all those on record in favor of the 105 Freeway through the city total at most 867, which is, in fact about 3% of District One population and is, in fact, less than 1% of City-wide population. 12. That every conceivable means of communications (short of smoke signals) have been utilized by myself to collect citizen opinion from my District, and that through mail -outs, public meetings and door-to-door surveys, all publicized in the local Press, a 2-1 vote against the freeway has been cast by my constituents. Council Minutes 10/11/71 -5- - 4•�.2 13. That as of this date, not one solid benefit to the City of Downey from construc- tion of the 105 Freeway has been offered and supported with tangible evidence. 14. That all the protections agreed to, to date, offer protection only during those phases prior to completion and all future detriments, such as additional smog pollution, noise and filth, will be the problem of the City and must be endured by its citizens." In conclusion, Councilman Winton offered the following recommendations for Council consideration and a favorable vote: "a). Reject the Street Closing Agreement in its entirety. b). Authorize the City Attorney to seek a court injunction to stop all purchases by the Division of Highways within the City of Downey. c). Authorize the Mayor, Council, City Attorney to appear before the Federal Senate Transportation Committee, the Federal Secretary of Transportation, and all other Agencies, as necessary, to have all Federal aid deleted from the 105 Interstate Freeway. d). If each member of the City Council will not accept these recommendations with a favorable vote, that they consider a vote of the citizens of Downey prior to authorizing the Mayor to sign the Street Closing Agreement." The Mayor declared a recess at 9:48 p.m. The meeting resumed at 10:04 p.m., with all Councilmen in attendance. At the request of Mayor Ferris, Councilman Winton repeated his closing statement and recommendations for favorable consideration and vote. Councilman Morton stated he appreciated the review presented by Councilman Winton which, he stated, is fairly accurate in most respects; however, there are some areas which could be elaborated on and clarified. He said the City Council has come a long way on the Century Freeway matter, they have listened to pros and cons and have had at Least two formal public hearings recently. Councilman Morton stated it was obvious that those per- sons opposed to the Freeway were not in attendance at the public hearings and that he did not know whether that is an indication of lack of concern or reliance on the ability of the City Council. He said the City Council has been in constant negotiations with the State Highway Department with regard to a Street Closing Agreement and a Performance Agreement, and that a vast majority of points of negotiation were obtained by the City in the negotiations. He said the negotiations, as far as he was concerned, had been in good faith. He said the State Highway 'Department has, in essence, agreed with the City Council on almost every point the Council demanded, and that he believes the City Council has established in the State of California for the first time that a City has a right to be listened to and to negotiate directly with the State Highway Department. Councilman Morton stated he believed it is clear from some points of view that the City of Downey does not need another freeway' however, consideration should be given to an area -wide transportation need of an integrated freeway system. He stated that, unfortunately, Southern California does not have a rapid transit system. He noted that one organization in the City has indicated they are not in favor of the Century Freeway but are in favor of a rapid transit system, and that he could see no difference between the two, as in either case there would be a concrete corridor running through this City. He stated that he thinks the problem before the City Council is whether or not there are overriding transportation needs that go far beyond the borders of the City of Downey. Councilman Morton said that the City can discuss the ecology matters, slums, noise pollution, increased smog, and that some of these matters such as slums are well within the scope of the City Council, the authorities, and the people in the City to "ride herd on." Councilman Morton stated, "Contrary to some of the comments made, the State Highway Department has had a Freeway grid system proposed for quite some time, and Downey is indicated as part of what is called District V , and it is a matter of record for quite some time that in District #7, of which Downey is a part, the State Highway Department has proposed for quite a number of years a total of 1,500 miles of Freeway. Unfortunately, in Southern California we do not have a completed rapid transit system. Whether or not one is to come about in the future I don't know." Councilman Morton stated he had sent out 81 questionnaires to residents in his District, at random across the entire District, and the tabulation of those returned was 38 in favor of the Freeway and 15 against, and that a survey by the Chamber of Commerce indicated 54 in favor of the Freeway and 16 against in his District. On the basis of these surveys, he said, it would indicate that the citizens in District 4 are in favor of the Freeway. Council Minutes 10/11/71 -6- NUM Councilman Morton stated that on the basis of what has been presented to him, and on the basis of negotiations with the State Highway Department, he would be prone to take an action on the matter of the Freeway. He said he would be willing to consider placing the matter on the ballot for the citizens to vote on in the April 1972 election; however, he was of the opinion that regardless of whether the City Council turned down the Freeway at this meeting, that it will go through the City of Downey in the future and the City Council could be risking the chance of not being able to get all of the concessions which have been negotiated with the State Highway Department. In response to a question by Councilman Jennings as to whether a future City Council would be bound by the vote of the people, City Attorney Sorensen stated this would depend on whether the citizens were asked for an advisory opinion or if they were asked to vote on a measure. Councilman Hollis stated he felt placing the matter on the ballot would be the most democratic process but he would be willing to vote on the matter at this time according to his convictions if the City Council wishes to take an action. Mayor Ferris stated that he believed Councilman Winton's review of events of the Freeway matter was excellent and substantially correct and represented a great deal of work. He said he appreciated the logical approach taken by Councilman Morton. He stated it was his opinion that the City Council should take an action on the Freeway at this meeting, that ultimately the Freeway will go through this City, and he did not believe the City Council should subject the City to any more controversy. Councilman Winton referred to the Resolution adopted by the City Council in 1969 opposing the Freeway through the City of Downey. He stated that to sign the Freeway Agreement will be creating long-term problems, and that if the Freeway goes through Downey, he will be one of the fortunate ones who will have his home purchased, but he does not wish to see his neighborhood destroyed. It was moved by Councilman Winton to reject the Street Closing Agreement in its entirety. Motion died for lack of a second. Councilman Morton indicated that if the City Council was going to vote on the matter, that he wanted a tree grid program added to the Agreement. Based on comments at the Public Hearing, he had requested an extensive study of including a tree program for noise abatement, beautification, and air pollution purposes. Councilman Jennings also indicated he wanted a condition on air space above the Freeway. It was determined that the City Council, having held a hearing as required by Section 100.22 of the Streets and Highways Code of the State of California, had authority to enter into a Freeway Agreement. It was moved by Mayor Ferris, seconded by Councilman Morton, and passed by the following vote to approve the Freeway Agreement on the Route 105 Freeway, and to approve the Performance Agreement on the Route 105 Freeway as modified by adding Section 20 and amending Section 14 in accordance with memorandum dated October 11, 1971, such approval conditioned on approval of both agreements by the State of California Department of Public Works, and to authorize the Mayor to execute these Agreements on behalf of the City of Downey. APES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 1 Councilmen: Winton ABSENT: 0 Councilmen: None It was moved by Councilman Winton and seconded by Mayor Ferris that a Citizens Com- plaint and Alliance Committee be set up with Mayor Ferris and Councilman Morton as acting members and Councilmen Jennings and Hollis as alternates to handle all complaints from District #1. Councilman Morton recommended inasmuch as the Freeway is of City-wide concern that a separate Freeway Commission be established, composed of one representative from each Councilmanic District to continue to review the Performance Agreement and the Freeway Agreement. Mayor Ferris called for a roll call vote on the motion of Councilman Winton. AYES: 1 Councilmen: Winton NOES: 4 Councilmen: Morton, Jennings, Hollis, Ferris ABSENT: 0 Councilmen: None Council Minutes 10/11/71 -7- _ 4?1-4 Clarifying his "no" vote, Councilman Morton stated it is his intention to present a motion to the City Council for the establishment of a Commission for this purpose. Clarifying his "aye" vote, Councilman Winton stated he believes there will be numerous complaints from citizens on violations of the Agreement, with the possibility of 800 families affected, plus an additional 800 to 1200 along the Freeway, and it will require more than one Councilman to take care of the complaints. Council Minutes 10/11/71 -7a- Map Councilman Jennings, clarifying his "no" vote, stated he believed Councilman Winton was attempting to shift his responsibility to the other four Councilmen. It was moved by Councilman Morton and seconded by Mayor Ferris that a Freeway Commission be established to be composed of one representative from each Councilmanic District for the purpose of seeing that the Freeway Agreement and the Performance Agree- ment are adhered to by the State. City Attorney Sorensen said the Commission would act as a clearing house for the City Council and an advisory or recommending body. He stated any enforcement would have to come through the City Council. Mayor Ferris called for a roll call vote. AYES: 3 Councilmen: Morton, Hollis, Ferris NOES: 2 Councilmen: Winton, Jennings ABSENT: 0 Councilmen: None Clarifying his "no" vote, Councilman Winton stated that the advice of such a Commission would require the investigation by the City Council and referral to the City Attorney, and would result in a duplication of work. Mayor Ferris excused himself from the Meeting, Mayor Pro Tempore Winton assuming the Chair. A recess was declared at 10:50 p.m. The meeting resumed at 11:05 p.m., with Councilmen Morton, Jennings, Hollis in attendance. Communication from Mrs. Steve Skinner and Family expressing appreciation for con- siderations shown in the loss of her husband, Past Mayor Stephen G. Skinner. Councilman Morton said Mr. Skinner was a giant among men, and it was a pleasure to have known and worked with him. Communication from Ervin Spindel, Director of Public Works, reporting on D.I.P. #619, Sidewalks, 7540 Quinn Street, Wiley -Burke Avenue Frontage. Director of Public Works Ervin Spindel reported a public hearing was held at the Council Meeting of August 9, 1971, for the purpose of constructing sidewalks at the subject address under the provisions of Chapter 27 of the 1911 Act, and at that hearing there were protests from property owners involved and the matter was taken under sub- mission for further information. He said as requested by the City Council, the following data is submitted: 1) A memorandum from the Traffic Engineer to the City Engineer dated July 13, 1970 regarding sidewalks on Wiley -Burke Avenue. 2) Staff Report from the Traffic Engineer dated July 22, 1970 concerning sidewalks on the west side of Wiley -Burke Avenue with recommendations concerning the subject sidewalks in Item 4. 3) Minutes of the Traffic Committee of July 30, 1970 recommending the side- walk leading to the crosswalk at Muller Street be constructed. 4) Minutes of the Traffic Committee Meeting of January 7, 1971, concerning the need for safe pedestrian routes to school. 5) Pedestrian Study Plan showing number of pedestrians using the sidewalks and parkways in this area. Mr. Spindel stated statistics indicate there is a need for the sidewalk. He said the property owners were notified and are present at the Council Meeting. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize Chapter 27 Proceedings for sidewalks on the west side of Wiley -Burke between Quinn and Irwingrove. The property owner, Isaac C. Wright, inquired from the audience if he would be per- mitted to speak. Mayor Pro Tem Winton stated the appellant would not be permitted to speak at this meeting; that he was given an opportunity to speak at the public hearing on the matter held August 9, 1971. Council Minutes 10/11/71 -8- "1. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Communication from Mayor Joseph G. Ferris regarding Helicopter Program. It was moved by Councilman Jennings and so ordered to receive and file. Councilman Jennings read a communication from Business License Study Committee re- garding Business License Fees. He reported that he and Mayor Ferris, acting as a committee, worked to put an Ordinance Relating to Business Licenses into final form. He said in so doing some business licenses were reduced, some were increased, others were adjusted, and a number of separate types of licenses were decreased. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6226, 6227.11 6235, 6239, 62419 6242, 6246, 6247, 6248.1, 6250, 6253, 6254, 6255, 6256, 6257, 6258, 6259, 6261, 6266 AND ADDING SECTION 6267 AND REPEALING SECTIONS 6229, 6230, 6237, 6238, 6259.1, 6260, 6262, 6263, AND 6265 OF CHAPTER 2, ARTICLE VI OF THE DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSES The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Communication from City Manager regarding Emergency Employment Act. City Manager Charles Thompson stated the report addresses itself to the questions and conditions which had been stipulated by the Mayor in his letter to the Department of Labor with regard to Downey°s full funding application. He said the City is nowunderpreliminary application which has been approved, is approximately six months from duration, and this would be an expansion of that program to a full year, and a larger number of per- sonnel from five to 22 full-time positions. Councilman Morton stated that since Mayor Ferris initiated the original action and had sent a letter with a number of points regarding the final program which do not appear to have been met, he would move that the City not continue with the program and not authorize the Mayor to sign the application for extension of the Emergency Employment Act Program. The motion was seconded by Councilman Hollis. AYES: 3 Councilmen: Morton, Hollis, Winton NOES: 1 Councilmen: Jennings ABSENT: 1 Councilmen: Ferris Clarifying his "no" vote, Councilman Jennings said he had voted for the initial program and would not now vote against continuing the program. Mayor 'Pro Tem Winton stated he was out of the Country when the application for the initial funding was approved. He said that since the original application was filed, there have been additional responsibilities placed on the City for the continuance of the program. Communication from Union Oil Company of California requesting permission to conduct a Vibroseis Geophysical Survey along the Union Pacific Railroad from Gardendale Street north to Flores Street. Councilman Jennings stated he would abstain from voting on this matter as he is employed by a rival firm. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to receive and file the communication. Council Minutes 10/11/71 -9- Communication from Downey Chamber of Commerce submitting Report for Quarter ended 9/30/71. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to receive the report and grant the request to issue funds in the amount of $1,250. in accordance with the Agreement. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris LEGAL CLAIMS Ref, #028, Phyllis D. Kelso, 7140 Nada Street, Downey It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to deny the legal claim of Phyllis D. Kelso and refer the matter to the insurance carrier. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Ordinance Relating to Equipment Replacement Fund Director of Finance Robert Shand reported the adopted Budget included the transfer of $150,000. from the Funded Equipment Reserve to the General Fund and $50,000. from the Funded Equipment Reserve to the Capital Improvement Fund, for the purpose of providing money for capital improvement projects. He said the recommendation that it be incorpora- ted in the form of an Ordinance was submitted by the Certified Public Accountant to satisfy the legal requirement authorizing transferring of the money. Councilman Jennings recommended that the third paragraph of Section 2503.2 be amended by adding the language, "only at the beginning of each fiscal year". ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2503.2 OF CHAPTER 5, ARTICLE II, OF THE DOWNEY MUNICIPAL CODE RELATING TO THE EQUIPMENT REPLACEMENT FUND The Ordinance was read by title only. It was moved by Councilman Hollis, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Morton and seconded by Councilman Jennings to introduce the Ordinance as amended. City Attorney Sorensen explained that the Ordinance will not become effective until some time in November; prior to that time, a transfer of funds made pursuant to an existing authority would not be affected. Roll Call vote: AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris (See later action on Ordinance, Page 11.) RESOLUTION NO. WS-758 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. 42168 - 42677, $202,145.81 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. WS-758. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Council Minutes 10/11/71 -10- RESOLUTION NO. WS-759 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. 16030 - 16252, $164,948.76) 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 Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. WS-759. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris�gy� It was moved by Councilman Morton and so ordered to carry over Cash Contract #SS-23q, Seventh Street, Paramount Blvd, to Downey Ave., to November 8, 1971, inasmuch as Mayor Ferris is not present and this is in his District. City Attorney Sorensen requested the Ordinance Relating to the Equipment Replacement Fund be brought up again. He said it is his understanding the Auditors raised a question about propriety of transferring moneys out of Equipment Replacement Fund to the General Fund under the present Ordinance. Mr. Sorensen stated the new City Budget for the Fiscal Year 1971-72 contains a revenue item of $150,000. to be transferred to the General Fund and the Equipment Replacement Fund. He said if the Ordinance is introduced and adopted as amended it would not accomplish the purpose of allowing the transfer during the 1971-72 Budget. City Attorney Sorensen recommended the amendment to third paragraph be modified to read "commencing July 1, 1972 such transfers of surplus may be made only at the commence- ment of each fiscal year." It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to reconsider the action of the City Council in introducing the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to introduce the Ordinance as modified. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Following a summation of bids, it was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #288 Muller Street, Lakewood to Shellyfield, in the amount of the unit prices bid for the alternate bid, to Sully -Miller Contracting Co. of Long Beach, the lowest and best bidder. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve a Supplemental Agreement No. 43240/321-2 - 9-10-71 with the Southern Pacific Railroad Company on Cash Contract #SS-231, Downey Avenue Railroad Safety Gates. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Imperial Highway Depression, Rancho Los Amigos Hospital Director of Public Works Ervin Spindel reported over the past two years the City has used less than $2,000. engineering costs, to review the plans to see that they fit in Council Minutes 10/11/71 -L1- with the City's plans. Mr. Spindel stated under the Agreement the street Lights and landscaping will be maintained by the County. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve plans and specifications for the`impe$iai Highway Depression, Rancho Los Amigos Hospital. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Request from Russell's Bike Shop to Waive Parking Requirements Councilman Jennings questioned Paragraph 2, second page, of Parking Place Commission Minutes of September 22nd, wherein the property owner shall file an agreement that he will not protest future acquisition and improvement of property in the Parking District. He said it appears to him that the owner would be committing himself to an unknown amount of money at any time for possible parking spaces that would be of no benefit to his business. City Manager Charles Thompson responded that if the bike shop was in the Parking District it must be legally defined. He said the waiver would be the strict requirements for additional parking. Director of Public Works Ervin Spindel said the Code states the City Council has the right to charge $2,500. per space for waiving a space, and in lieu of this the Commission felt the waiver of protest of any future assessment would be in the best interest of the property owner and the District. City Attorney Sorensen said the provision was put in the Code to provide that those persons within the Parking Assessment District could gain some relief from off-street parking requirements, either by providing alternate parking somplace else or in lieu of that, paying so much a space so that additional Land could be acquired. He stated a subsequent amendment to the Code provides that the minimum amount of $2,500. could be reduced by the City Council when it finds: (a) The buildable area of the parcel for which the waiver is sought has been re- duced by reason of an acquisition by the City for street purposes as part of a general plan of development of the property on both sides of such street and between intersecting streets. (b) That such street upon which such property fronts has been acquired or dedicated to its full width as shown on the general plan of the City and has been fully improved with curbs, gutter, sidewalks and paveouts. (c) That the substitute property to be acquired for off-street parking in all probability will be more than five hundred feet (500') from the property on which the waiver is sought. (d) That the development of parking on the property for which the waiver is sought, in accordance with the requirements of the Downey Municipal Code for off-street parking would preclude the development of such property in accordance with a uniform plan of architectural design approved by the City. There being no objections, the Request from Russell's Bike Shop to waive parking requirements was referred to the City Attorney for review and report. CITY MANAGER'S REPORT City Manager Charles Thompson reported on Beautification of Rio Hondo and Los Angeles River Channels. He said a preliminary study has been made and he is submitting a resolution for Council"a approval. Mr. Thompson stated the resolution does not commit the City to any funding of the project. Council Minutes 10/11/71 -12- w RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, EAST CENTRAL AREA PLANNING COUNCIL, ENDORSING IN PRINCIPLE THE "RIO HONDO/LOS ANGELES RIVERS BEAUTIFICATION/RECREATION REPORT" DATED JUNE 9, 1971, PREPARED BY THE OPEN SPACE COMMITTEE OF THE EAST CENTRAL AREA PLANNING COUNCIL AND RECOMMENDING THAT THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY INCLUDE THE AREA ENCOMPASSED BY SAID REPORT IN THE COUNTY'S RECREATION AND OPEN SPACE PROGRAM FOR DEVELOPMENT AT THE EARLIEST POSSIBLE TIME. The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. Director of Planning William Goggin explained the meaning of the second to last paragraph in the resolution which, he said, shows the intent of willingness to discuss the matter, and that the City would be willing to go ahead if all cities agree. He stated the City would not be committed. Mr. Goggin said each City has a different problem, and it was indicated that if funds are available through the County and Flood Control District, the cities would be willing to participate. He said he did not know the cost. There being no objections, the matter was referred to the City Attorney for review and report. City Manager Thompson stated the report of the Director of Parks & Recreation indicates the details of the Request for Expansion of the Pro Shop, Rio Hondo Golf Course. He said the Lessee would do this under authorization by an addendum to the pre- sent Lease Agreement which would provide for a two to three year amortization. James Ruth, Director of Parks & Recreation, stated an addition would be beneficial not only to the Pro Shop but also to the City in accruing additional revenues, and there would be no financial responsibility on the part of the City. He said the Lessee is not asking for any modification or change in the Lease. Mr. Ruth stated the only request in this matter is that the City protect the Lessee in the event the City should terminate the Lease, and in that event the Lessee would be reimbursed for the unamortized amount. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize the City Attorney to prepare an Addendum to the Lease Agreement to include the items contained in the Park Director's Report. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris City Manager Thompson reported on the Proposed Architectural Agreement - 24 Acre Park. He said the City Council authorized a letter of inquiry on the Legacy of Parks Program; however, to date a reply has not been received. He said under the Legacy of Parks Program the Architectural Work would be subject to funding. Mr. Thompson said if the City Council should decide to enter into the Agreement prior to entering into the Legacy of Parks Program, it should be done with the stipulation "subject to funding under the Legacy of Parks Program". On the recommendation of Councilman Morton, the matter was taken under submission until the next City Council Meeting. So ordered. City Manager Thompson reported on request for authorization of transfer of funds for construction of Rest Room and Snack Bar Facilities - Golden Park. He stated that the Park & Recreation Commission and Staff had suggested it would be advisable to defer the construction of the Tricycle Freeway and Pagoda at Brookshire Children's Park and transfer monies allocated for that to provide funds for the requested construction at Golden Park. It was moved by Councilman Morton, seconded by Mayor Pro Tem Winton, and passed by the following vote to approve the request for Rest Room and Snack Bar Facilities - Golden Park, and to authorize the transfer of funds as recommended. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Council Minutes 10/11/71 -13- • w City Manager Thompson reported on License Agreement between Southern California Edison Company and City of Downey - 24 Acre Park. He said this Agreement is consistent with previous agreements and he recommends approval as modified. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve License Agreement between Southern California Edison Company and City of Downey - 24 Acre Park. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris ORAL COMMUNICATIONS Mr, Francis Hart appeared before City Council and said in his estimation Mr. William Goggin, Director of Planning, is a man of high esteem and a noteworthy official of the City. Mr. Wendell Wiser, 10921 Paramount Blvd., commended the City Council for the action taken on the Route 105 Freeway. Director of Public Works Ervin Spindel reported on a Root Pruning Program. He said a demonstration will be held October 12th, immediately after Press conference in the 8500 block of Via Amorita. Police Chief Morgan said the California Council on Criminal Justice has denied Downey's Request for Funding, Helicopter Program, and if the City intends to appeal that decision it must be done within 20 days. He said the next City Council Meeting will be beyond that 20-day period, and he requested City Council action tonight. In response to a question by Councilman Jennings, Police Chief Morgan stated the City has no new evidence to present. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote that the City not continue with the Request for Funding, Helicopter Program, at this time. AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Councilman Hollis stated this is the 22nd day his son has been unconscious as a result of an accident, and he expmessed appreciation on behalf of his family and himself for everyone's thoughts and prayers. He said his son has received the best of medical attention. Councilman Hollis stated he does not know what the outcome will be, but he did want to express particular appreciation to the Press for the interest they have shown and the consideration they have given. Councilman Morton requested that the following comments addressed to Councilman Winton concerning the decision on the 105 Freeway be made a matter of record: "Making a decision such as was made was not as we all appreciate because we all had to do the voting and it was not an easy decision to make. However, I do, at this time, Don, want to commend you personally for the time that you have spent in trying to analyze the needs of what you saw as the needs of your District and presenting a step-by-step argument to this City Council. While there were areas that perhaps could have been elaborated on or clarified, the reaction that I had was that you were attempting to be objective in what you felt was representing the views of your District. I also want to make a matter of record at this time, that while I appreciated that you voted against the Freeway going in , I think the record definitely needs to note that you were mainly responsible for many of the points that we received during courses of negotiation. These were points that you had, yourself, raised and brought to the attention of this City Council; that while they were studied by other Councilmen, you were the one that gave authorship to many of the points and, as I stated in my remarks earlier, perhaps we have established a precedent. So even though the decision went as it did, I still feel that what has been accomplished with the negotiating points can be attributed to a great extent to the work and effort that you put into the study of the situation in looking for the best for the people in your District." Mayor Pro Tem Winton thanked Councilman Morton for his comments. He stated he wished to take exception to a remark made by Councilman Jennings that he was passing on Council Minutes 10/11/71 -14- his responsibility to other persons. He stated he would compare his answered phone calls, his answered constitutents' visits, his communications file, day by day, with those of anyone on the Council. He stated he has attempted, over the years, to fulfill those obligations. Mayor Pro Tem Winton said one of the platform planks that he utilized in his campaign, which was a winning campaign even by a slim majority, still a victory, was to attempt to stop the Freeway from coming through that residential area. He stated he carried that out fully. Mayor Pro Tem Winton stated the indication that he received from the vote at this meeting was that where the entire Council was to vote and the entire City was to be considered on the inclusion of a Freeway through his District, and since the entire City Council has the privilege to vote on that, they should share in the responsibility of the additional complaints and problems that will come up. He stated his implication in his motion, that he receive additional help of specific committees on this matter, was not to absorb the responsibilities of the duties he now holds. He said his District contains almost 9,000 persons more than Mayor Ferris' District, almost 6,000 or 7,000 more than Councilman Morton's District, and probably about 5,000 more than Councilman Jennings' District. He said that District #1 has the highest crime rate of the Districts, the highest call for assistance, the highest density factor. Mayor Pro Tem Winton stated he inherited many problems in his District and he does not intend to shirk his responsibilities. He said, however, if this Freeway is for the benefit of the City and the full Council can vote it in, he believed all of the Councilmen should share the problems that will come up, and that he does not believe any one committee will be able to handle these problems which will be coming up between now and 1978. He stated he feels he has done his best to uphold the vote of his constituency when they put him in office, and he upheld the general overall concensus of the people in the area. He said he would like to record to reflect that he does not intend to shirk any of his responsibilities, nor to give up any of his authority as a Councilman for his District. There being no further business to come before the City Council, the meeting was adjourned at 12:25 a.m. ELLEN C. DAVIS, CITY CLERK Council Minutes 10/11/71 -15-