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HomeMy WebLinkAboutMinutes-06-10-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 10, 1972 T A B L E O F M I N U T E A C T I 0 N'S SUBJECT: Special Service Awards - Boards & Commissions Appeal, Z.E. Case #1055, 8019 Florence Ave. D.I.P. #625, 11033 Old River School Rd. - Resolution #2700 Confirming Assessments for Chapter 27 Proceedings Minutes, June 12, 1972 as corrected Comm. from Smog Abatement Systems, Inc., re Dual Fuel System Comm. from Kenneth J. Miller requesting a Hearing in Protest to Utility Users' Tax ACTION: Ref, to Planning Commission for conditions Adopted Approved Ref, to Dir. Public Works Hearing set for 9/11/72 Comm. from Councilman DiLoreto re Appointment of Sal Lorenzetti to Civil Defense & Disaster Council Ordered filed PAGE NO. 1 2 3 3 3 4 4 Comm. from Downey Chamber of Commerce re Quarterly Report of Activities & Services Received & filed 4 Comm. from County Bd. of Supervisors re L,A. Ref. to City Manager & Dir. County Earthquake Comm. re Downey Bridges Public Works for reply 4 Legal Claims (for information only) #064, Wanda Lewis #065, Edithe Collins #066, George S. Fuller #067, Roy Lee Ross No action 4 Legal Claims (for Council action) #063, Clifford Bausman Denied 4 Ordinance #422, Amending DMC Sec. 3186(b), Ord, #262 Relating to Restricted Speed Limits (Telegraph Road) Adopted 4 Ordinance Renumbering Sec. 4604 DMC from 4604 to 4605 re Animals, Birds, etc. & adding to Sec. 4604 Re Outdoor Paging System Introduced 5 Resolution #2701, Fixing Cert. Costs re Impounding & Sale of Shopping Carts & Rescind Resolution #2207 Adopted 5 Shopping carts presently in City's custody to be returned at fee indicated in Res. #2701 Approved 5 Resolution #2702,Establishing 2-Hr. Parking Limit Both sides Lakewood Blvd. Ely. Service Rd. --from Charloma St. Nly 500' & Both sides Suva St, from Lakewood Blvd. Service Rd. Ely to Ely lot lines of 9009 & 9012 Suva St. ,Adopted 6 Resolution #2703, Setting Appropriations for Assessment Fund & Sewer Connectn. 1972-73 Adopted 6 Resolution 4PWS-799 (Payroll) Adopted 6 Resolution #WS-800 (B Warrants) Adopted 6 Page 1 of 2 COUNCIL MINUTES 7/10/72 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. CC #SS-263, Old River School Rd. - Acceptance of improvements Approved 6 R/W Acquis. A-4004, Woodruff Ave. Approved 7 Downey Chamber of Commerce - Staff recommendation of $6,000 for Fiscal Year 1972-73 Approved 7 Jr. Chamber of Commerce - Staff recommendation of $2,400 for Fiscal Year 1972-73 Approved 8 Christmas Parade - Staff recommendation of $2,275 for Fiscal Year 1972-73 Approved 8 Christmas Lighting - Staff recommendation of $2,750 for Fiscal Year 1972-73 Approved 8 Symphony Orchestra - Staff recommendation of $12,000 for Fiscal Year 1972-73 Approved 8 Historical Society - Staff recommendation of $1,500 for Fiscal Year 1972-73 Approved 8 History of Downey - Staff recommendation of $6,500 for Fiscal Year 1972-73 Approved 8 Youth Band - Funds held pending completion of agreement Approved 8 Downey Civic Chorus - Staff recommendation of $1,500 for Fiscal Year 1972-73 Approved 9 Museum of Art - Staff recommendation of $12,940 for Fiscal Year 1972-73 Approved 9 Civil Defense - Staff recommendation of $1,500 for Fiscal Year 1972-73 Approved 9 Sister City, Staff recommendation of $1,600 - Sister City Comm., Staff recommendation of $2,250 Fiscal Year 1972-73 Approved 9 Special Projects Fund Balance - $15,285 established for 1972-73 Approved 9 Rose Float - Staff recommendation of $1,500 for Fiscal Year 1972-73 Approved 9 1969-70 Historical Society Annual - Bill for layout & typesetting Approved 9 Resolution re Memo of Understanding bet City Manager & Downey Firemen's Association Held to next meeting 10 Resolution re Memo of Understanding bet City Manager & Downey Firemen's Association - Ref. to City Attorney for C.H.P. Clause Legal opinion 10 Compensation for Police Department under negotiation deemed in effect since 7/l/72 Approved 11 Homeowners' Guide on Building Code Request by Councilman Morton 11 Information re Fire Stations in various Cities Request by Councilman Morton 11 Joseph Ferris to Apartment Survey Comm. Apptmt. by Councilman Temple 11 Absence of Mayor from. Mtgs. 7/17, 7/25 & 8/14 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 10, 1972 The City Council of thq City of Downey held a regular meeting at 7:30 p.m., July 10, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding. PRESENT: Councilmen: Jennings, Morton, DiLoreto, Temple, Winton 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 Richard D. Patton, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief Donald Warren, Deputy Fire Chief William Fritsche, Assistant Director of Building $ Safety Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary Councilman Temple delivered the Invocation, followed by the Flag Salute led by Councilman Morton. With the assistance of Councilman Morton, Mayor Winton presented special service awards to the following persons for their services to the City in serving on various Boards and Commissions: Alvin Springer, Personnel Board Clifford Hiemforth, Water Board Edward DiLoreto, Traffic Committee Ken Ewing, Civil Defense Michael Leeson, Sanitation & Health Committee The City Clerk was requested to dispatch the remaining awards under separate cover to the following persons: Marius Nielsen, Water Board 4 Ford Dickerhoff, Hospital Authority Ed Giddings, Golf Authority Wendell Wiser, Traffic Committee Mrs,. F. D. Campbell, Legislative Study Committee Larry Chaney, Sanitation & Health Committee Mrs. Helen Sachs, Parking Place Commission Robert A. Weglin, Park & Recreation Commission Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case 461055, 8011 Florence Avenue. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Planning Director Coggin gave his report and answered questions of the City Council. Mayor Winton inquired if the Clerk Clerk had received any correspondence on the matter, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present wishing to speak in favor of Appeal, Zone Exception Case #1055, 8019 Florence Avenue. The following persons spoke in favor: Mr. Robert E. Mitchell, Attorney at Law, 8607 Imperial Highway, Downey, representing the applicant (member of law firm of Mitchell & DiLoreto). He filed with the City Clerk a petition signed by approximately 200 patrons of the applicant. Mr. Fred Fazzina, 7025 Dinwiddie, Downey Mr. Bruce Jones, 8602 Date St., Montebello Mr. Mike Skime, 9361 Washburn Rd., Apt. G., Rowney Mr. Carl Hedrene, 12632 Glenshire Rd., Downey Council Minutes 7/10/72 ll. Mayor Winton inquired if there was anyone present who wished to speak in opposition. Mr. David Prince, 9014 Charloma Dr., Downey, asked questions which were responded to by the Planning Director, Mayor Winton inquired if there was anyone else present who wished to speak in opposi- tion, and there was no response. He inquired if Mr. Mitchell wished to speak in rebuttal, Mr. Mitchell restated his request for the right to serve beer and wine with meals at the eating establishment located at 8019 Florence Avenue. He said there is no room for a bar facility and no entertainment will be provided. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1055, 8019 Florence Avenue. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman DiLoreto stated inasmuch as he is a member of the law firm of Mitchell & DiLoreto he will abstain from voting in the final action on this matter. It was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote as suggested by the City Attorney to refer Appeal, Zone Exception Case #1055, 8019 Florence Avenue, back to the Planning Commission for consideration and sub- mission of appropriate conditions to the City Council, to include the serving of beer and wine, no bar in the future, no entertainment, and no openings at the rear or side of the building. AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: DiLoreto Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 625, 11033 Old River School Road. He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to receive and file the Affidavits. Mayor Winton inquired if the City Clerk had received any written protests or objec- tions against the improvements, and the City Clerk replied he had not. Public Works Director Spindel reported on the assessment as follows: Total Cash Assessment Interest for 3-Year Assessment $ 484.99 41,42 Total Amount to be Collected over 3-Year Period $ 526.41 It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to accept the Engineers Report, Mayor Winton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No. 625, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to close the hearing on Downey Improvement Project No. 625, 11033 Old River School Road. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Wigton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/10/72 -2- RESOLUTION NO. 2700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 625, 11033 OLD RIVER SCHOOL ROAD, DOWNEY, CALIFORNIA (SITE 3) The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2700. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Clerk Robert Shand reported on an ommissioh of the Council Minutes of June 12, 1972, wherein on page 10 regarding approval of the Council Minutes the motion read to approve the Minutes of the City Council Meeting of May 8, 1972 with the addition. The motion should read to approve the Minutes of the Regular City Council Meeting of May 8, 1972 with the addition; Special Cif Council Meeting of Mai 15, 1972; Recessed City Council Mee tine of Mav 23. 1972: and Adjourned Cit� v Council Meetine of Mav 26. 1972. Mr. Shand referred to a correction on Page 5 of the Minutes of June 12, 1972, 18th line, and stated the street designated as Dinsdale should be corrected to read Benfieldo It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of June 12, 1972, as corrected. I —I AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen; None ABSENT: 0 Councilmen: None Communication from Smog Abatement Systems, Inc., regarding Dual Fuel System - developed by Pacific Lighting Corporation. Mr. Norman Dreyfuss, President of Smog Abatement Systems, spoke regarding the dual fuel system and said it is a method whereby an automobile or truck can be converted to use compressed natural gas as an alternate fuel. He stated this is done by the installa- tion of certain hardware. Mr. Dreyfuss reported that the Cities of Los Angeles and Torrance, as well as the County of Los Angeles, are reviewing the system for possible use :;in their fleets. Mr. Dreyfuss said, the Smog Abatement System's principal purpose is to inform City Governments that a means of smog control is now available that can eliminate 90% of air pollution from the Los Angeles basin area. He commented there is pending Legislation in Sacramento which calls for a mandatory conversion of all fleet vehicles, Mr. Dreyfuss answered questions of the City Council and referred to the many safety features in converting to the dual system. Responding to a question by Councilman Temple, Mr. Dreyfuss said refueling stations for consumers are planned at various freeway off -ramps; that a refueling station is estimated to cost approximately $15,000. Public Works Director Spindel stated he would be contacting Mr. Dreyfuss to discuss the use of natural gas dual fuel systems. Mayor Winton declared a recess at 8:35 p.m. The meeting resumed at 8:50 p.m. with all Councilmen present. Communication from Kenneth J. Miller requesting a Hearing in Protest to the Utility .......-.. Users' Tax. It was indicated that a letter had been mailed to T. Miller informing him the City Council would hear his presentation at this meeting. Mr. Ken Miller, 7336 Cleargrove Dr., Downey, stated he was not prepared to make his presentation tonight. He offerer} his check in the sum of $39.22 to cover the Utility Tax delinquency to forego any legal action, and requested that a hearing be scheduled for the next evening meeting. He handed the check to the City Clerk. Discussion followed. Council Minutes 7/10/72 -3- It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to set a hearing on Protest to Utility Users' Tax -`for 7:30 p.m., September 11, 1972, in the Council Chamber of the Downey City Hall., AYES; 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was requested that the check be returned to Mr. Miller and that he deliver it to the appropriate department in the normal course of business. Communication from Councilman Joseph DiLoreto regarding Appointment of Mr. Sal Lorenzetti to the Civil Defense and Disaster Council. Ordered filed. Communication from Downey Chamber of Commerce regarding Quarterly Report of Activities and Services. It was moved by Councilman DiLoreto and so ordered to receive and. file. Communication from Downey Chamber of Commerce regarding Addendum to Budget Request dated March 15, 1972 for Fiscal Year 1972-73, was held for City Manager's Report. Communication from Los Angeles County Board of Supervisors regarding L.A. County Earthquake Commission relative to Downey Bridges. Public Works Director Spindel reported the County will do the work at no cost to the City. He said the work will provide additional safeguarding in case of severe earth movement. Councilman Morton spoke of the need for widening the bridges going in and out of Downey on Telegraph Road, Florence Avenue, Firestone Boulevard and Imperial Highway, He suggested that the Mayor appoint a committee of two to work with Mr. Spindel on this matter. He further recommended that consideration be given to underpasses and overpasses at 'busy intersections. The City Manager and Director of Public Works were requested to send a reply notify- ing the County of Downey's request for the County to carry out the work. Mayor Winton stated he would allow a period of time for volunteers on the recommended committee, LEGAL CLAIMS (for information only) Ref. #064, Wanda Lewis Ref, #065, Edithe Collins Ref. #066, George S. Fuller Ref. #067, Roy Lee Ross LEGAL CLAIM (for Council action) Ref. #063, Clifford Bausman It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the follow- r,g vote to deny the legal claim of Clifford Bausman. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOESg 0 Councilmen: None ABSENT, 0 Councilmen: None ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 3186(b), ORDINANCE NO. 262 RELATING TO RESTRICTED SPEED LIMITS The Ordinance raising the speed limit from 35 miles per hour to 40 miles per hour on Telegraph Road was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Ordinance No. 422. Council Minutes 7/10/72 -4- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY RENUMBERING SECTION 4604 OF THE DOWNEY MUNICIPAL CODE FROM 4604 TO 4605, WHICH SAID SECTION RELATES TO ANIMALS, BIRDS, ETC. AND ADDING TO SAID CODE SECTION 4604, WHICH SAID SECTION RELATES TO OUTDOOR PAGING SYSTEM The Ordinance was read by title only, City Manager Thompson gave a report on the requirements, decibal count, and enforcement set forth in the Ordinance. Councilman Morton gave a brief background of events leading up to the preparation of the Ordinance. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen; None ABSENT: 0 Councilmen; None RESOLUTION NO. 2701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FIXING CERTAIN COSTS RELATIVE TO IMPOUNDING AND SALE OF SHOPPING CARTS, AND RESCINDING RESOLUTION NO. 2207 The Resolution was read by title only. It was moved by Councilman Jennings, aecccded by Councilman Temple, 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. 2701. AYES, 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Public Works Director Spindel inquired if the Shopping Bag Market should request redeeming the carts at $2.00 apiece, could this be done. City Attorney Sorensen replied that as long as the City Council has changed the fees, the return can be authorized at tt:a fee. It was moved by Councilman Jennings, seconded by Councilmen Temple, and passed by :'V� folLowing vote that all carts presently in custody of the City be returned at the fee indicated in Resolution No. 2701. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works was requested to notify each of the markets whose carts arc in the custody of the City to inform them of the new fee.. RESOLUTION NO. 2702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING LIMITATION ON BOTH SIDES OF THE LAKEWOOD BOULEVARD EASTERLY SERVICE ROAD FROM CHARLOMA STREET NORTHERLY 500 FEET, AND ON BOTH SIDES OF SUVA STREET FROM THE LAKEWOOD BOULEVARD SERVICE ROAD EASTERLY TO THE EASTERLY LOT LINES OF 9009 AND 9012 SUVA STREET Council Minutes 7/10/72 -5- The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple„ and passed by the following vote to adopt Resolution No. 2702. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING APPROPRIATIONS FOR THE ASSESSMENT FUND AND SEWER CONNECTION FUND FOR FISCAL YEAR 1972-73 The Resolution was read by title only. It was mentioned that the year indicated in Section 1 should be corrected to read 1973. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2703. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMAN➢S AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 51936 - 52449, $211,978.60 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. WS-799. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-800 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. 20413 - 20624, $134,469.97) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. Councilman Morton questioned warrant #20572 for $28.80. City Manager Thompson said he would follow-up with a report to Councilman Morton. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. WS-800. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the work completed in conjunction with Cash Contract #SS-263, Old River School Road, and responsibility for maintenance thereof. Council Minutes 7/10/72 -6- AYES: 4 Councilmen: Jennings, Morton, DiLoreto, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Temple It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to authorize Right -of -Way Acquisition A-4004, Woodruff Avenue, in exchange for improvements. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson presented an analysis of the City Promotion Program and a tabulation of activities for the 1970-71 fiscal period, amounts requested for the 1972-73 fiscal year, and amounts recommended. He stated the Chamber of Commerce originally re- quested $6,000 and this was included in the budget, however, a supplemental request has been received for $9,600. Mr. Thompson said the Jr. Chamber of Commerce, Christmas Parade, Christmas Lighting, Symphony Orchestra, Historical Society, and History of Downey have received prior study, however, he is recommending no specific action be taken regarding the Youth Band, pending an acceptable co -sponsored agreement. He stated the Downey Civic Chorus, Museum of Art, Civil Defense, Sister City, ,Sister City Committee, and Rose Float have received prior attention either in the way of action by the Park & Recreation Commission, or co -sponsored agreements have been executed. Mr. Thompson stated with an increase in the Special Projects item the total for 1972-73 City Promotional Account would be $70,000. Mayor Winton commented on the communication from Downey Chamber of Commerce regarding Addendum to Budget Request for Fiscal Year 1972-73. He noted that the original request,was $6,000, $1,000 over last year's allocation; that a supplemental request has been made for $9,600. Discussion ensued regarding the Chamber's request and the increase in the City Promotion Program. Mr. Lyell Swearingen, 7870 Arnett, President of the Downey Chamber of Commerce, - spoke regarding the Chamber's original request for $6,000 and supplemental request for $9,600. He said the $9,600 would be used for programs consisting of $1,000 for Industrial and Commercial Development; $1,100 for Stimulation of Local Buying; $1,100 for Community Calendar; $400 for preparation of a Fact Sheet; and $6,000 for Community Public Information. Mr. Swearingen stated the $9,600 was not intended to be responsible for increasing the total amount set aside for co -sponsored groups nor was it an attempt to prejudice budget requests of other organizations. Council discussion followed. It was moved by Councilman Jennings and seconded by Councilman Morton to adopt the recommended 1972-73 City Promotion Program for the Co -sponsored Groups; that the Youth Band be left blank until data has been provided; and that the funds therein be alloca- ted as individually set forth and appropriate agreements be entered into where necessary. AYES: 2 Councilmen: Jennings' Morton NOES: 3 Councilmen: DiLoreto, Temple, Winton ABSENT: 0 Councilmen: None Mayor Winton asked the City Council to consider each request individually. It was moved by Councilman DiLoreto and seconded by Councilman Jennings to approve the proposed amendment submitted by Downey Chamber of Commerce in the amount of $9,600 for the Fiscal Year 1972-73 and that the appropriate agreement be entered into. AYES: 1 Councilmen: DiLoreto NOES: 4 Councilmen: Jennings, Morton, Temple, Winton ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the Staff recommendation of $6,000 for the Downey Chamber of Commerce for the fiscal year 1972=73 and that the appropriate agreement be entered into. Council Minutes 7/10/72 -7- City Attorney Sorensen explained if the amount approved is $6,000 and an agreement is entered into, it would be a binding agreement and subject to modification at a later date if the Council desired. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to accept the Staff recommendation of $2,400 for the Jr. Chamber of Commerce for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to accept the Staff recommendation of $2,275 for the Christmas Parade for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $2,750 for the Christmas Lighting for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $12,Q00 for the Symphony Orchestra for fiscal year 1972-73 and that the appropriate agreement be entered into. — AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson explained that although the amount for the Historical Society appears to be an increase, it is not an increase, inasmuch, as the amount includes cost for the history as well as the annual, and both were previously budgeted as separate amounts,. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $1,500 for the Historical Society for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman DiLoreto, seconded by Councilman Morton, and passed by the following vote to accept the Staff recommendation of $6,500 for the History of Downey for fiscal year 1972-73 and that the appropriate agreement be entered into. It was indicated by Mayor Winton that this amount would be the final amount for the History. Responding to a question by Councilman Jennings, City Manager Thompson explained the amounts budgeted in the previous years were never used. He said 17 out of 20 chapters have been submitted, with the last three chapters due by August lst. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton stated work is under way to complete the co -sponsored agreement with the Youth Band, and it is recommended that funds be held temporarily until the agreement can be completed. Council Minutes 7/10/72 -8- It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $1,500 for the Downey Civic Chorus for the fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 3 Councilmen: Morton, DiLoreto, Temple NOES: 2 Councilmen: Jennings, Winton ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to approve $12,940 for the Museum of Art for fiscal year 1972-73, that the appropriate agreement be entered into, and that $480 of that amount be utilized only for a burglar alarm service. Councilman Jennings said he still feels that $12,460 is not a true figure of what the Art Museum costs the City. He said he feels the time cost is closer to $17,000 or $18,000. Parks & Recreation Director James Ruth stated the City pays building maintenance and utilities (excluding long distance telephone) of $3,000 per year approximately. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman. Morton, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $1,500 for Civil Defense for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES. 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman. Morton, seconded by Councilman Temple, and passed by the following vote to accept the Staff recommendation of $1,600 for Sister City and $2,250 for Sister City Committee for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote that $15,285 be established as Special Projects Fund Balance for 1972-73. AYES: 5 Councilmen: .Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen. None ABSENT: 0 Councilmen: None It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote to accept the Staff recommendation of $1,500 for Rose Float for fiscal year 1972-73 and that the appropriate agreement be entered into. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Winton NOES: 1 Councilmen: Morton ABSENT: 0 Councilmen: None Mavor Winton said as long as there is an activity that appropriates one penny of taxpayers' funds that becomes involved in any political campaign, he will have to disa- gree in the future to vote in favor of any funds for such an activity. CITY MANAGER'S REPORT It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve the amount of the bill of $650 for layout and typesetting for the 1969-70 Historical society Annual. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES; 0 Councilmen.: None ABSENT: 0 Councilmen: None Mayor Winton declared a recess at 10:15 p.m. The meeting resumed at 10:27 p.m. with all Councilmen present, Council Minutes 7/10/72 -9- q TT City Manager Thompson presented a Resolution regarding Memorandum of Understanding bet en the City Manager and the Downey Firemen's Association and explained the four-year salary schedule and wage agreement for the Fire employees. He commented on the Memorandum of Understanding as follows° A major element would be a California Highway Patrol Retirement Plan effective July 1, 1974 and inclusion of 100% dependent medical coverage as of January 1, 1975. The Firemen would agree to a declining holiday schedule, Longevity pay plan would - �^ • ',:,-opt B;ramen after Julji 1, 1974. The pay plan steps would be u o',''eft lot to Jnly 410, 1972 Sub Pa_raova.ph T -a oY p:,., It Lnd.Jl` BiiE.ri _4G Jam._' � �. �v=�e"i;z. .:S,T� ,.2.n Sub Paragraph 1-a on 10, s1:ouid. x;c-.e: A major elemen4 L rem- R. _. Shand ORAL COMMUNICATIONS n �' Mr. Thomas C. McGinnis, 1200 Ardmore Ave., Manhattan Beach, stated he owns the pro- perty Located at 7186 Benares, Downey, which is a rental, and the former tenants left the property in a messy condition. He said his complaint is that a health inspector viewed the property and posted notices that the property was condemned and unfit for human habitation. Mr. McGinnis commented that after the property was cleaned, someone from the Building Department posted signs saying the house was unsafe, and he received a letter which said the property was condemned because of a wood shed located on the back of the property that has illegal wiring. He said the shed was built prior to the City's Building Codes, however, he feels the wiring is safe and for years was legal under the County's Code. Mr. McGinnis referred to other conditions cited as unsafe and said he had not received notice prior to the condemnation notices. He requested the City Council to look into the problem. Councilman Jennings stated he would work with Mr. McGinnis and the Building Depart- ment to see what could be done. Mr. William Fritsche, Assistant Cirector of Building & Safety, stated the County referred this matter to the City Building G Safety Department, and the property was subsequently examined. He cited many code violations found at the Benares Street address. Mr. Fritsche said Mr. McGinnis was notified of the code violations; that he has 30 days to comply with the order to start the work and 90 days to complete it. Mr. John Dunn of Redondo Beach, President of Downey's Space Toastmasters Club, invited members of the City Council and those present to attend a Toastmasters' meeting at the Kings Restaurant, July 19th. Councilman Morton inquired if it would be feasible for the Building d Safety Department to work up a brief homeowners' guide on the Building Code for people who are interested in doing the work themselves but know little about the City's Codes. Mr. William Fritsche, Assistant Director of Building & Safety, replied that the International Conference of Building Officials does have such a pamphlet at the cost of $1.30 each. He said he would look into the matter. Councilman Morton requested that the City Manager furnish him with information regarding the average distance between fire stations in the Cities of San Diego, Sacramento, San Francisco, and Los Angeles County. He said he would also like to know where the fire stations are placed, the distance apart, and what area they serve. Councilman Temple stated former Mayor and Councilman Joseph Ferris is one of his appointees to the Apartment Survey Committee. Responding to a question by Mayor Winton, who asked if the Downey Children's Theatre was omitted from the co -sponsored groups, Parks Director James Ruth explained that the Downey Children's Theatre is now controlled by the City, and all budged items are appropriated by the City Council and controlled through proper budgetary procedures. He said, therefore, a co -sponsored agreement is not needed; that all revenues are deposited to the General Fund at approximately $43,000 per year. Mr. Ruth stated the Theatre budget was $80,000, indicating a deficit of $37,000 for the past year. In addition, $15,000 approximately was expended for use of the Theatre, plus rehersals. Mayor Winton reported he will be absent from the adjourned meeting of July 17, 1972, and regular meetings of July 25 and August 14, 1972. He asked that Mayor Pro Tem Morton attend the County Sanitation meetings on July 26th and August 9th in his absence. It was moved by Councilman Jennings and so ordered to adjourn to 7:00 p.m., July 17, 1972, in the Council Chamber of the Downey City Hall. The meeting adjourned at 12:00 p.m. ROBERT L. SHAND, CITY CLERK C C tip. V )1� THOMAS H. MORTON, MAYOR PRO TEMPORE Council Minutes 7/10/73 -11- APPEAL HEARING JULY 10, 1972, 7:30 p.m. NOTE: These Appeal hearing Minutes constitute a part of the Minutes of the City Council Meeting of July 10, 1972. Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1055 8019 Florence Avenue. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Planning Director Goggin reported the appeal concerns a restaurant located on the north side of Florence Avenue, east of Paramount Boulevard; that the restaurant is within 300' of residential property. He said the request is to serve wine and beer in conjunction with Italian restaurant. Council discussion followed regarding the exact location of the building on the Zone Map. Planning Director Goggin explained the 300' distance between the residences and the restaurant. He described the entrances to the restaurant. Mayor Winton inquired if the City Clerk had received any correspondence on the matter, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present wishing to speak in favor of Appeal, Zone Exception Case #1055, 8019 Florence Avenue. Mr. Robert E. Mitchell, Attorney at Law, 8607 Imperial Highway, Downey, representing the applicant, explained the type of intersection at which the restaurant is located and also outlined the surrounding properties. He said little concern exists for service of beer or wine at the 8019 Florence Avenue restaurant. Mr. Mitchell stated there would be no bar located at the restaurant; that it is not a tavern. He commented that the applicant serves full -course lunches and dinners of Italian style; that beverages would be served at the tables with the meals. Mr. Mitchell continued that there is no back door, only side and front doors. He said the restaurant would close at 10:00 p.m. on week -- days and 12:00 midnight on Saturdays. Mr. Mitchell stated there is no intent to place large signs on the premises advertising beer and wine. He filed with the City Clerk a petition signed by approximately 200 patrons of the applicant in favor of having beer and wine. Responding to a question by Councilman Morton, Mr. Mitchell stated he is a member of the law firm of Mitchell S DiLoreto. Mr. Fred Fazzina, 7025 Dinwiddie, Downey, spoke in favor of permitting beer and wine with meals for customers. Mr. Bruce Jones, 860', Date St., Montebello, said he dines at the restaurant at least once a week and he feels that wine or beer with Italian food is a reasonable request. Mr. Mike Skims, 9361 Washburn Rd., Apt. G, Downey, said he thinks a glass of wine should be a part of an Italian meal. Mr. Carl Hedrene, 12632 Glenshire Rd., Downey, spoke in favor of the serving of beer and wine with the Italian dinners. Mayor Winton inquired if there was anyone else present who wished to speak in favor, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Mr. David Prince, 9014 Charloma Dr., Downey, asked if Alfredo's Restaurant could be turned into a bar at a later date. He also asked if a wine and beer permit is granted will entertainment be allowed in the establishment at a later time. Mr. Prince inquired if the parking Lot is visible from Paramount Boulevard or if there are buildings that would obstruct the view, particularly from a passing patrol car. Planning Director Goggin said adequate parking spaces exist on the rear parking lot and on adjoining property, because of a common driveway entrance. Regarding the other two questions, he stated the City Council has the right to apply any conditions it feels reasonable to give protection to the adjoining pro- perty owners if the appeal is granted. Be Mr. Prince again inquired if the parking lot would be visible from Paramount Boulevard to passing patrol cars, and Mr. Coggin replied there is no problem for circulation of patrol because of a dedicated alley and access to the property from the east end. Mr. Prince asked if there had been any Police Department investigations as to potential Law enforcement problems at this address if a permit was granted to serve beer and wine. Police Chief Morgan replied that no police problems have existed in this area, and he does not foresee any future problems Mayor Winton inquired if there was anyone else present who wished to speak in opposition, and there was no response. He inquired if Mr. Mitchell wished to speak in rebuttal. Mr. Mitchell restated his request for a permit to serve beer and wine with meals at the tables. He said there is no request for a bar or entertainment. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1055, 8019 Florence Avenue. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman DiLoreto stated inasmuch as he is a member of the law firm of Mitchell & DiLoreto he will abstain from voting in the final action on this matter. Councilman Temple said he personally contacted occupants within the surrounding area and found no objections so long as no bar would be permitted at the restaurant facility. Council discussion followed regarding a motion to approve. Planning Director Coggin stated that before the Council can act on approval of the appeal it must be referred back to the Planning Commission. Police Chief Morgan explained the type 41 license that would be needed for serving beer and wine with meals at tables. City Attorney Sorensen recommended the appeal be referred back to the Planning Commission calling for consideration and inclusion of conditions as listed by the City Council. It was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote as suggested by the City Attorney to refer Appeal, Zone Exception Case #1055, 8019 Florence Avenue, back to the Planning Commission for consideration and submission of appropriate conditions to the City Council, to include the serving of beer and wine, no bar in the future, no entertainment, and no openings at the rear or side of the building. AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: DiLoreto Councilman Jennings said he was pleased with the action taken by the City Council and that he also favored the possibility of having the Council meet with the Planning Commission to pass ideas back and forth. - Mayor Winton commented that three years ago the City Council and Planning Commission did meet to establish a policy and procedure at an open Council Chamber meeting. He suggested if any questions exist regarding policy and procedure the Minutes of that meeting be read. -2-