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HomeMy WebLinkAboutMinutes-10-26-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 26, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT - Minutes, September 11, 1972 Comm, from County Road Dept. re Highways Thru Cities Resol„ Earthquake Strengthening of Bridges Appeal, Z.E. Case #1072, 8049 Otto St. Legal Claims (for information only) Ref, #072, Winifred E. Rueff Ordi-ance #25, Amending DMC Sec, 3179, Relating to Truck Routes (Stewart & Gray Rd.) Resolution #2728, Auth, County to Issue Moving Permits for Overheight, Overwidth & Overweight Loads for Downey Resolution #2729, to Remove 4-6 pm Parking Restr, W/s Clark Ave, & to maintain No Parking Anytime Restr, from 3501 S/o Imperial to Lakewood & Rescind Resol, #558 Resolution #2730, Adopting Revised Utility Users Tax Rules of Administration & Procedure Resolution #WS-810 (Payroll) Resolution #WS-811 (B Warrants) CC #317, True Ave, - Plans & specifications & authority to advertise CC #292, Slurry Seal - Acceptance of imprvmts.; extra work; & time extension CC #SS-259, Third St„ et al - Acceptance of imprvmts,; extra work; & time extension Sidewalk Matching Funds Reciprocal Use of Facilities Agreement Lease Agreement, Alameda Elementary School Senior Citizens Employment School Crossing Guard - Tweedy & Suva - Appropriation of funds Parade Permit Application - Downey Lions & Jaycees for 1972 Downey Christmas Parade Golf Course Driving Range Operation - Auth. City Manager to enter into negotiations with Pro Shop Lessee for Lease Agreement Golf Course Contractual Maintenance Proposal Auth, City Manager to enter into negotiations Senate Bill 118, Subdiv. Map Act Revision Downey's entry for 1973 Tournament of Roses Parade Revenue Sharing Program Environmental Impact Study Policy re travel expense to Mayor & Council 105 Freeway - Refer report to City Manager & City Manager to send invitations re field trip 105 Freeway- City Attorney to tender invitation to attend field trip 105 Freeway Performance Agreement Page 1 of 1 ACTION• Approved Request by Councilman Morton re Reply Hearing set for 10/9/72 No action Adopted Adopted Adopted Adopted Adopted Adopted Approved Approved Approved Approved Approved Approved Taken under submission Approved Approved Approved Approved Mayor to send corres. in favor PAGE NO. 1 1 1 1 2 2 Approved No action Request for City Atty, to'prepare opinion Approved Approved Approved Request for City Atty, to render decision on possible action 3 3 3 3 4 4 4 4 5 5 5 5 6 6 7 7 7 7 8 9 9 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 26, 1972 The City Council of the City of Downey held a regular meeting at 8:00 a.m., September 26, 1972, in the Council Chambers 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 Mark Allen, Acting City Attorney Richard D. Patton, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks A Recreation Ray Lake, Director of Building S Safety Robert W. Gain, Fire Chief Joseph R. Guthrie, Captain, Police Department Harald J. Henriksen, City Engineer Charles Eccleston, Acting Traffic Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The Invocation was led by Rt. Reverend Percival R. Henkleman, Moravian Church of Downey, followed by the Flag Salute led by Councilman Temple. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to approve the Minutes of the City Council Meeting of September 11, 1972. Communication from County of Los Angeles Road Department regarding Aid to Cities Apportionment. Ordered filed. Communication from County of Los Angeles Road Department regarding Highways through Cities Resolution, Earthquake Strengthening of Bridges. It was requested by Councilman Morton that a letter be sent to the County Board of Supervisors requesting consideration to widening existing bridges. Communication from Public Utilities Commission regarding Notice of Hearing: Under - grounding of Utility Systems near Scenic Highways. After discussion, Councilman Jennings requested that a determination be made regarding the source of funds prior to any Council decision. Communication from City of Long Beach in Opposition to Proposition 20, "California Coastal Zone Conservation Act". Acting City Attorney Allen stated there is litigation pending in Sacramento County, and the proponents are seeking to have the language rephrased rather than to remove it from the November ballot. He said the language is misleading in its present form, however, if the City Council wishes to take action, it should consider the Proposition as it now appears on the ballot. Mayor Winton stated his interpretation of the Proposition. No action. Communication from Mrs. E. Chancellor requesting a hearing on A eal, Zone Exception Case #1072, 8049 Otto Street. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to set a hearing on Appeal, Zone Exception Case #1072, for 7:30 p.m., October 9, 1972, in - the Council Chambers of the Downey City Hall. LEGAL CLAIMS (for information only) Ref. #072, Winifred E. Rueff ORDINANCE NO. 425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3179, RE- LATING TO TRUCK ROUTES Council Minutes 9/26/72 -1- The Ordinance was read by title only, City Engineer Henriksen answered questions of the City Council and explained the City of South Gate has passed an Ordinance prohibiting truck traffic on Stewart and Gray Road within its City, Councilman Jennings requested the Downey Ordinance be rewritten to include Stewart and Gray from Lakewood Boulevard west, Discussion followed, Acting Traffic Engineer Eccleston explained this matter was brought to the City's attention through complaints received from residents along Stewart and Gray Rd, between Rives and Old River School Rd,, and it was concluded that their complaints resulted from the increase in truck traffic occuring after the extension of Stewart and Gray Rd, from Woodruff to Firestone, He said the prime objective of the Traffic Committee is not to eliminate the use of trucks in that area in total, but to reduce the volume of traffic. Council discussion ensued, Councilman Morton suggested adopting the Ordinance in its present form and instruct- ing Staff to bring back a modification to be introduced at a later meeting. Referring to the intersection at Firestone and Paramount, Councilman Morton requested that consideration be given to the installation of a left -turn signal to enable existing traffic traveling southbound to make a left turn, It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading, It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote to adopt Ordinance No, 425, AYES- 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES; 0 Councilmen- None ABSENT: 0 Councilmen: None RESOLUTION N0, 2728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE COUNTY OF LOS ANGELES TO ISSUE MOVING PERMITS FOR OVERHEIGHT, OVERWIDTH, AND OVERWEIGHT LOADS FOR THE CITY OF DOWNEY. The Resolution was read by title only, City Engineer Henriksen explained that the Vehicle Code has placed specifications on various pieces of equipment or machinery that is moved from one location to another, and anything larger than the size allowable must have a permit to travel through each City, Mr, Henriksen stated the County 'Road Department has a separate permit section, and it is well acquainted with all pieces of equipment and the specifications on each. He referred to surveys made from time to time in an attempt to establish the most common routes used by overload truckers in the City of Downey, and they are Imperial, Florence, Paramount, Firestone and Lakewood, Mr, Henriksen stated it is proposed to allow the County Road Department to issue the permits for Downey, which will save the trucker time and money. Responding to questions by Mayor Winton, Mr, Henriksen explained the County will issue only the permits for those traveling through Downey, and those originating in Downey will be issued in Downey. 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. 2728. AYES; 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT- 0 Councilmen: None Council Minutes 9/26/72 -2- RESOLUTION NO. 2729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO REMOVE THE EXISTING 4-6 P.M. PEAK -HOUR PARKING RESTRICTION ALONG THE WEST SIDE OF CLARK AVENUE FROM 350 FEET SOUTH OF IMPERIAL HIGHWAY TO ANGELL STREET, AND MAINTAIN THE EXISTING NO PARKING ANYTIME RESTRICTION FROM 350 FEET SOUTH OF IMPERIAL TO LAKEWOOD BOULEVARD, AND RESCIND RESOLUTION NO. 558 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 :roved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2729. KiFs° 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen. None ABSENT, 0 Councilmen. None RESOLUTION NO. 2730 A RESOLUTION OF THE CITY COUNCIL OF T'1fE CITY OF DOWNEY ADOPTING REVISED UTILITY USERS 'TAX RULES OF ADMINISTRATION AND PROCEDURE The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. it was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2730. A7iES, 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen. None ABSENT. 0 Councilmen. None RESOLUTION NO. WS-810 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. 55255 - 55768, $221,950.22 -- 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 :roved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, WS-810. AYES- 5 Councilmen, Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen. None ABSENT, 0 Councilmen: None RESOLUTION NO. WS-811 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. 21396 - 21559, $86,971.15) 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-811, AYES, 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES. 0 Councilmen. None ABSENT. 0 Councilmen: None Council Minutes 9/26/72 -3- It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #317 True Avenue. KYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #292, Slurry Seal; approve extra work in the amount of $1,528.60; and authorize a time extension of ten days for completion of this project. AWES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES„ 0 Councilmen: None ABSENT„ 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #SS-259, Third Street, et al; approve extra work in the amount of $455.21; and authorize a time extension of eight days for completion of this project. Councilman Jennings inquired about the requirement for wheelchair ramps, and the City Manager Responded that the Attorney General's opinion is that the ramps would only be required where needed, He said it was determined that the ramps were not needed on this project. Councilman Jennings suggested that any study made on the necessity of wheelchair ramps should be noted as a matter of record. Councilman Morton requested that the delays of the contractor be noted by the Public Works Department,, particularly in any future bidding on the part of the contractor. 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 approve Sidewalk Matching Funds at the following Locations: M.F. No. Address Est. City Cost 1w43 7436 Hondo Street $ 82.00 144 8556 Sixth Street (Birchdale Frontage) 234.00 14.5 13101 Berlin Avenue 476,00 146 7845 Gainford Street 83.00 147 7839 Gainford Street 91.00 148 7909 Brookmill Road 85.00 149 7946 Brookmill Road 89.00 150 7952 Brookmill Road 89.00 151 8729 Albia Street 345.00 152 8704 Albia Street 49.00 153 8716 Albia Street 86.00 154 8701 Albia Street 69.00 155 8707 Albia Street 70.00 156 8710 Albia Street 87.00 157 8723 Albia Street 86.00 158 8722 Albia Street 86.00 159 8700 Albia Street 69.00 160 8728 Albia Street 369.00 Total Estimated City Cost $ 2,545.00 AWES: 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 approve the Reciprocal Use of Facilities Agreement as approved by the City -School Recreation Committee, and authorize the Mayor to sign. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES. 0 Councilmen: None ABSENT: 0 Councilmen: None Referring to the matter of wheelchair ramps, Councilman Jennings asked to discuss the Attorney General's decision that would require a survey to be made on the amount of curb depression to be allowed for the ramps. City Manager Thompson said certain criteria on wheelchair ramps exist regarding certain structures and densities. He said the decision was :made that the ramps would not be necessary on Third Street. Council Minutes 9/26/72 -4- CIIv MANAuER°S REPORT' City Manager Charles 'Thompson reported on the Lease Agreement - Alameda Elementary School Recreation Area, which has been under consideration for several years. He said the City -School Committee on September 19th recommended final approval of the Agreement, and it will be presented for approval by the School Board at its next meeting. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to approve the Lease Agreement - Alameda Elementary School Recreation Area and authorize the Mayor to sign on behalf of the City, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson commented on Senior Citizens Employment, He said various departments have indicated they could use additional help in the nature of clerical and maintenance activity. Mr. Thompson stated the employment of a senior citizen would re- quire appropriation of $10,000 per year from the fund balance of the General Fund for hiring on a full-time basis. He said a full-time basis would mean a person would work up to the :aximum Social Security would allow and then would be replaced by another person, Mayor Winton recommended that if the program is considered, employment -.should -be based on qualifications, He said if several people were of equal qualifications, the person receiving a lesser amount of retirement or Social Security should be considered and given the priority, Mayor Winton commented that employment insurance should be taken into consideration, as well as mandatory retirement age relative to the State Retirement System. He asked for a Staff report back to the City Council at the next night meeting regarding the matter of insurance. It was requested by Councilman Jennings that the matter be taken under submission. Councilman Morton stated he is reticent about adopting a program where there is not a need in some of the areas suggested, and be will take a good look to see if a real need does exist for this service at City expenditure. Councilman DiLoreto requested the report to indicate criteria for employment, so that the City will have a. definite specified policy.. City Manager Thompson stated studies indicate a need for a School Crossing Guard - Tweedy and Suva, to service students attending Maude Price Elementary School for 36 Weeks, it was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote to approve School Crossing Guard - Tweedy and Suva, and the following appropriation of funds: Amount From To $ 1,530 Fund Balance of General Fund A/C #10422.00 1050 AYES. 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager 'Thompson presented for approval Parade Permit Application - Downty Lions and Jaycees for the 1972 Downey Christmas Parade, and said the route will be the same as in 1971. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve the Parade Permit Application - Downey Lions and Jaycees on the same basis as in 1971. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson gave an analysis of the Golf Course Driving Range Operation, which is now under construction. He said the matter has been studied by the Director of Council Minutes 9/26/72 -5- Parks & Recreation, the Park & Recreation Commission, and Golf Course Committee, and it is recommended an operations agreement with the existing Golf Pro at the pro shop be entered into to undertake the operation of the driving range, Mr. Thompson stated no City personnel would be involved in the actual operation but would maintain control through a contractual arrangement. Discussion followed. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to authorize the City Manager to enter into negotiations with the pre- sent Pro Shop Lessee for the preparation of a Lease Agreement on the Golf Course Driving _ Range Operation, with a review by the City Council prior to any commitment on the part of the City. AYES: 4 Councilmen: Jennings, Di Loreto, Temple, Winton NOES: 1 Councilmen: Morton ABSENT: 0 Councilmen: None Councilman Jennings referred to the Summary Statement on the last page of the pre- sentation of the Golf Course Driving Range Operation. His opinion is that the gross is $20,000 too high. Mayor Winton declared a recess at 9:15 a.m. The meeting resumed at 9:30 a.m., with all Councilmen present. Golf Course Contractual Maintenance Proposal City Manager Thompson explained since the acquisition of thegolf course there have been a number of problems with the maintenance, which is due to loss of manpower under the City operation and is approximately 25% less than it was under private operation. He spoke of the costs involved to reverse the present condition with additional personnel and equipment, Mr. Thompson stated as a result of the studies made, City staff has explored the possibility of undertaking maintenance under a contractual agreement with a golf course maintenance firm, and proposals have been received from a firm indicating it could take over the maintenance for the current year of approximately $5,000-$10,000 more than the City is now expending. He said there would be the possibility of maintaining the contract at the same figure for a second year, and there would be also the possibility of a third year with some escalation geared to cost of Living. Mr. Thompson referred to the continuing downtrend of revenues and the possibility of a further drop in green fee revenues, He mentioned by the end of this fiscal year there will be an accumulated equity in the golf course facility of $165,000. Mr. Thompson said the Council Committee and Park & Recreation Commission are in agreement with his recommendation to enter into negotiations for a maintenance agreement to be presented to the City Council for final approval. He said the agreement would include the elimination of all City personnel in the maintenance of the golf course. It was noted that the City personnel would be offered employment with the contractor. Mr, Thompson further reported the maintenance of the golf course would include general repairs, as well as certain minor improvements during the off-season. He said the con- tractor would purchase the necessary mowers and equipment for maintenance of the golf course and would maintain the City's equipment that is now being used. Mr. Thompson stated construction of new facilities would not be covered on this agreement. Comments were made by Park Director Ruth regarding the extent of maintenance, as well as the upgrading of maintenance. He explained the City does not have sufficient personnel for a complete maintenance operation. Councilman Morton requested the following be included in the agreement: 1. That all City -furnished equipment and tools issued to the contractor for his use - be returned to the City in the same condition it was issued, less any reasonable wear and tear. 2. A schedule listing the City's equipment and present book value. 3. The right of termination by the City for any reason upon 60 days notice. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to authorize the City Manager to enter into negotiations with the contractor for Golf Course Contractual Maintenance Proposal to be brought back to the City Council for perusal, Council Minutes 9/26/72 -6- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen; None ABSENT- 0 Councilmen: None Councilman DiLoreto asked that the contractor be notified in advance exactly what the City wants, to avoid any misunderstanding in the future. Mayor Winton commented on Senate Bill 118, Subdivision Map Act Revision, which is sponsored by the League of California Cities and will be heard by the Assembly Committee on Planning and Land Use in November. He said a request has been made by City Manager Thompson for the Mayor and Staff to contact Local Assemblymen and indicate Downey's support in favor of this Bill. Mayor Winton stated if there are no objections he will send the necessary correspondence. No objections were stated. ORAL COMMUNICATIONS Mrs. Bea Dorn, representing Downey Rose Float Association, displayed to the City Council an artist's rendering of Downey's entry in the 1973 Tournament of Roses Parade, "The Seven year itch". It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to approve Downey's entry for the 1973 Tournament of Roses Parade. Mayor Winton encouraged the Rose Float Association, w6rking with the Sister City Association, to firm up within the next few weeks all of the plans and tentative dates of projected activities for the months of December and January for him to take to Guadalajara. Referring to the Ordinance on Truck Routes, Councilman Morton said that in the future any matters concerning the City of Downey and involving City Staff, personnel'or' committees be referred to the City Council for its Legislative thinking prior to being discussed with other cities. He requested the City Manager to so instruct the City department heads, Councilman Morton spoke regarding the Revenue Sharing Program and stated if Revenue Sharing becomes a reality, then the City should give serious consideration to reducing the Property Tax proportionate to the amount the City would receive under the Program. Councilman Morton requested a copy of the questions presented in connection with the Century Freeway to the Commission at its hearing. Mayor Winton replied that the questions were submitted to the State Transportation Committee and to Congressmen, and answers to the questions have never been received. He said he would transmit a copy to Councilman Morton, Mayor Winton stated the questions related to qualifications of the Senate or State Division of Highways and the requirements they must meet in order to receive Federal funding. Councilman DiLoreto inquired of the City Attorney regarding the Supreme Court Case requiring Cities to undertake an Environmental Impact Study prior to issuing permits for construction. Acting City Attorney Allen responded that although he has not read the decision itself, there is a provision in the State Code requesting Cities that do not have a conservation element in their General Plan to undertake an Environmental Impact Study on every project that would have a significant impact on the environment. He said it appears to him that subject to review of the decision, Cities will either be required to have a conservation element or undertake an Environmental Impact Study. Councilman DiLoreto requested the City Attorney to prepare an opinion for the next City Council meeting as to the affect the decision would have on the City of Downey. Councilman DiLoreto reported he had met with Warren Schmuki, and Mr. Schmuki indi- cated that Supervisor Schabarum would like to meet with the City at some future date to discuss any matters the City might have that concern the County. He said a meeting of this nature would be productive, and he asked the City Manager to coordinate with the City Council on a date that would be agreeable. Councilman DiLoreto commented on discussions concerning a requirement either by Ordinance, Resolution or Council policy, memorandum, whereby as a condition proceeding to employment, all Department Heads must reside in the City of Downey. He said a policy should be implemented. Council Minutes 9/26/72 -7- Councilman Temple requested Council's approval to create a Slauson Freeway Citizen's Committee to study and make sure the Freeway stays out of Downey. The City Council offered its concurrence. Responding to Councilman DiLoreto's comment regarding the setting of a meeting with Supervisor Schabarum, Councilman Jennings stated there are certain channels and methods of communicating with the City Council and the Board of Supervisors. He said he feels the Supervisor's office should request the meeting either through the Mayor, or in his absence, the Mayor Pro Tem. or City Manager. He said he is in favor of a meeting. Mayor Winton commented on the International Friendship Parade that will be held in Downey's Sister City of Guadalajara, and it is anticipated the parade will be October 72th, He said Downey officials have been invited, and as Downey's Mayor he will be attend- ing the festivities from October 20th through 25th and will be absent from the Council meeting of October 24th, Mayor Winton referred to the policy relative to the Mayor and his wife traveling to Guadalajara with a maximum of $500 expenses, and any other Councilman wishing to go must pay for his wife's participation. He stated that any Councilman caring to accompany the Mayor should be able to take his wife with him, and he requested the City Council to grant permission and adopt a policy that an equal amount sanctioned to the Mayor and wife be sanctioned to each Councilman and wife, Councilman Morton stated it has been the policy in the past that any Councilman could attend any convention, seminar, or go to Guadalajara if he so desired, and the trip to Guadalajara is one of the highlights of the year. He referred to the advantages of being involved in the Sister City Program, It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt the policy that an equal amount sanctioned to the Mayor and wife be sanctioned to each member of the City Council and wife, as suggested by the Mayor. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton stated he is going to ask the City Manager to accompany him this year to Guadalajara, and if there is any adverse thinking on the part of the City Council, he would ask that they communicate with his office, Mayor Winton read a letter from one of his constituents, which referred to a list of State Division of Highway properties within a two -block area of the 105 Freeway corridor that require attention for health and safety reasons. The letter listed approxi- mately 30 pieces of property and hazardous conditions such as block wall damage, ground cover required, gates torn down, houses jacked up on stilts, litter and rubble in yards, et al. Mayor Winton also read several Staff reports that are received weekly relating to inspection of State-owned properties, and the reports recite various health hazards and damage that now exist. He said through City inspections, it has been determined that there are 123 violations of the Performance Agreement on the part of the State, and there are 332 parcels that require inspection once a week by the State in conformance with the Performance Agreement. He said the City has been forced to constantly inspect the properties and then bill the State. He referred more specifically to violations of the Performance Agreement. Mayor Winton requested the City Council to consider and pass a direct demand to the State Division of Highways on the following: 1. That there be a weekly State inspection and direct report to the City on the condition of each parcel acquired within the City of Downey. 2. That a monthly report from the State Division of Highways working in relation with the County Health Department be tendered to this City of each property acquisition. 3. That the Mayor be authorized to direct a letter to the State Division of Highways indicating the reported violations and also indicating that unless compliance with the Performance Agreement is affected immediately and throughout the duration of the period, the City Council will consider the Street Closing Agreement to be terminated by the afdre- mentioned violations. Councilman Morton requested the City Attorney to render a decision as to the merits of possible action for performance. He stated this matter is worthy of study as to the possible legal remedy for specific performance. Council Minutes 9/26/72 -8- Discussion followed. Acting City Attorney Allen stated it is his recollection that the Performance Agreement gives the City certain remedies in the event the State breaches the agreement. Further discussion ensued. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered that the report rendered by the Mayor regarding the 105 Freeway situation be referred to the City Manager with a copy to be transmitted to the State, and that the City Manager be instructed to invite the Director of Streets S Highways of the State of California, the Assemblyman for that area, and the State Senator to attend a field trip of the 105 Freeway area with Mayor Winton, Councilman DiLoreto, City Manager Thompson and Public Works Director Spindel. Mayor Winton suggested that Judge Pregerson also be invited to attend the field trip. Acting City Attorney Allen stated the invitation to the Judge should be tendered in a formal proceeding, with notice to the other parties. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to instruct the City Attorney to tender ah invitation to Judge Pregerson to attend a field trip. Councilman Jennings referred to Mayor Winton Ps statement that he is going to ask the City Manager to accompany him to Guadalajara. He asked Mayor Winton if the City Manager's expenses would cover his wife, and the Mayor answered it would not. Mayor Winton said he desires to establish a program of exchanging exact number of invitations for people to attend Sister City functions, and vice versa. There being no further business to come before the City Council, the meeting was adjourned at 10:48 a.m. ROBERT L. SHAND, CITY CLERK DONALD H. WINPON, MAYOR Council Minutes 9/26/72 -9-