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HomeMy WebLinkAboutMinutes-11-28-72-Regular MeetingMINUTES OF 'ID1 CITY COONCIL OF 'Tw:E CITY OF DOWNEY NOVEMBER 28, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT- ACTION Resolution No. 2751, Ordering Vacation of Portion of Service Road E/o Lakewood Blvd, N/o Florence Ave, Adopted -Minutes, November 13, 1972, as amended Approved Comm, from Downey Chamber of Commerce regarding Christmas Lighting Payment Request Approved Appeal, Z,E, Case #1091, 7214 GLencliff Dr, Reappointment of Mayor Pro Tem Morton to Southeast Mosquito Abatement District - Auth, Mayor to send letter re appointment Appeal of Planning Commission's Decision re EIR, Z.E. Case #954. Revised General Plan Set for 12/11/72 Approved Set for 12/11/72 Request of Councilman Morton to place on next agenda dRefer Amndmt, to Zoning Ordinance re Height limi- tations of signs to Planning Comm, for report & hold matter of signs in parkway in abeyance pending report Failed Legal Claims (for information only) Ref, #078, Barbara Woodring Ref, #080, Ronald & Christine Gerber Ref. #081, Joe Martinez Montemayor Ref, #082, Ramona Montemayor Ref, #083, Cornette Syndication II Ref, #084, Steven J. Yontz Ordinance 0427, Amending Sec. 4133,1(d' of Code Repealing Sec, e, f & g of said Sec., re Impounding of Shopping Carts Ordinance Amending Sec, 7319 & 7319.1 DMC Re Water Service Deposits Ordinance Amending Sec, 2712 DMC Re Suspension of Personnel Resolution #2744, Auth, Country to Issue Moving Permits for Overheight, Overwidth & Overweight Loads for City & Rescinding Resolution #2728 Resolution #2745, Designating Dunrobin Ave, Thru Street at Intersection with Priscilla St, Resolution #2746, Ordering Dir. Public Works Make Report (Annex, 72/12, 72/13, 72/14 & 72/19 thru 72/25) Engineer's Report re Annexation Resolution #2747, Declaring intention to Annex to City Lighting District (Annex, 72/12, 72/13, 72/14 & 72/19 thru 72/25) Resolution #2748, Requesting Natal Football League to Reconsider Decision re Black. -out of Superbowl Football Game Page L of 2 No action Adopted Introduced Taken under submission - City Atty. w/City Mgr, to prepare ordinance for next meeting Adopted Adopted Adopted Received & filed Adopted Adopted PAGE NO. 2 2 2 2 3 3 4 5 5 5 5 6 6 6 6 6 7 MINUTES OF THE CITY COUNCIL TABLE OF MINUTE ACTIONS NOVEMBER 28, 1972 SUBJECT: ACTION: PAGE NO. Resolution #2749, Requesting State Provide by Law for Allocation of Revenue Sharing Funds on Optional Formula Basis Adopted 7 Resolution #2750, To Endorse Helpline Youth Counseling Center re Program for Youth Adopted 7 Resolution #WS-82D (Payroll) Adopted 8 Resolution #WS-821 (B Warrants) Adopted 8 CC #3039 Unit 4, Downey Rio Hondo Golf Course (Cart Paths) - Award of contract Approved 8 CC #327, Downey Rio Hondo Golf Course Irrigation System - Award of contract Approved 8 CC #SS-281, Wiley Burke Ave,; CC #318, Unit 2, Noren St, - Acceptance of improvements Approved 8 Sidewalk Matching Funds (excl. M.F. #174) Approved 9 Suspension. of Parking Restriction, H d H Nursery, 12821 Lakewood Blvd, Approved 9 Amendment to Sec, 7133 DMC re excluding companies governed by PUC & certain assets from bond regrmt, So ordered to consider 9 Lease Agmt,, Baptist Church Parking Lot To be placed on next agenda 9 --Downey City Youth Band - Recommendations of City Manager Approved with exception 10 Application to PUC by Pac, Tel, Co. for Increase No action Form Letter Survey No action 10 Fire Station Property - Purchase of property on Paramount & auth, City Manager to execute necessary documents to consummate transf. of title Approved 10 Proposed resolution re limiting term of office of City Council to two terms No action 10 City seal on City vehicles Request for memo listing cars with B without seal 10 Revised General Plan Comments of Councilman Morton and Mayor Winton 11 Revenue Sharing Program Adjournment to 5:00 p.m. 11/28 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 28, 1972 The City Council of the City of Downey held a regular meeting at 8:00 a.m., November 28, 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works William A. Goggin, Director of Planning Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation Ray Lake, Director of Building & Safety Loren D, Morgan, Police Chief Donald Warren, Acting Fire Chief Harald J, Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The Invocation was led by Reverend Alvin P. Young, Messiah Lutheran Church, followed by the Flag Salute led by Councilman Morton, Sergea'Lt Wa:ysce Rector, Police Department, commented on the Green Pennant Safety Pro- gram sponsored by General Motors Corporation, which is awarded to participating elementary schools for the school year 1971-72, He said 12 of Downey°s elementary schools are el£giTM,le and qualify to receive the Perfect Safety Award, With the assistance of Police Chief Loren Morgan, Mayor Winton presented the Perfect Safety Award to representatives of the following schools: Carpenter Elementary School Downey Elementary School Gallati-n. Elementary School C, Lewis Elementary School Meadow Park Elementary School Pace Elementary School Maude Price Elementary School Rancho Santa Gertrudes Elementary School Rio Hondo Elementary School Rio San Gabriel Elementary School Rives Elementary School Spencer Williams Elementary School Mayor Winton stated he will be issuing a press release and proclamation for Green Pen -,ant Da-y in conjunction with the safety program, Mayor Winton declared that this is the time and place for the public hearing on Vacation of Portion of Service Road East of Lakewood Boulevard and North of Florence Avenue V-113, He inquired of the City Clerk if he had the Affidavit of Publication and Affidavit of Posting of Notice, 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, Public Works Director Spindel reported the portion of the road to be vacated is adjacent to an empty lot, which is to be converted to a parking Lot. He said this por- tion of the frontage road is not required for municipal purposes and has been reviewed by the Planning Commission and approved. Councilman Jennings spoke regarding the necessity of a cul-de-sac with the proper turning radius. It was explained by Mr. Spindel that the frontage road would be short and most cars traveling on the road would be entering the parking lot. Mayor Winton inquired if there was anyone present who wished to speak in opposition to the Vacation, and there was no response. He inquired if there was anyone present who wished to speak in favor, and there was no response. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to close the hearing on Vacation of Portion of Service Road East of Lakewood Boulevard and North:, of Florence Avenue V113. Council Minutes 11/28/72 -1- It was noted by tie City Clerk that he had not received any written correspondence. AYES, 5 Council!uken, Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 C;ourcilmen: None ABSENT, 0 Councilmen, None RESOLUTION NO, 2751 A RESOLUTION -F THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING TEE VACATION OF A PORTION OF THE SERVICE ROAD, EAST OF Lk*TWOOD B0ZLEVARD AND NORTH OF FLORENCE AVENUE The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman DiLoreto, and so ordered to waive further reading, it was moved by Councilmen Morton, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 2751. Councilman. Je=air.gs requested this matter be taken under submission, pending study by the Director of Public Works as to whether a cul-de-sac is required. Mayor Winton inquired if the Council desired to withdraw the motion and second rela- tive to taking the matter under submission, and there was no response. Roll call vote: AYES® L Councilmen, Morton, DiLoreto, Temple, Winton NOES, 1 Councilmen, Jennings ARSE 7, 0 Councilmen; None Referring to Page 8 of the Minutes of the City Council meeting of November 13, 19721 relative to the sidelines of the Environmental Impact Reports, Councilman DiLoreto re- quested they be amended to reflect as follows: AePara.grap"_s 4a and 4b of the Long Form were deleted from the proposed Guidelines submitted to the Council." "On the question of determination of which Environmental Impact Report form should be used, either the long form or short form, the Planning Director should have the sole discretion with respect to the final determination of which form to be used !Sectioa V, Page 3. of the proposed Guidelines)," It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to approve the Minutes of the City Council meeting of November 13, 1972, as amended. AYES: 5 Councilmen, Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilme-n: None ABSENT', 0 Courcila-Len., None Coms.,nication from Public Utilities Commission regarding Rules on Underground Extensions, Ordered filed. Communication from Downey Chamber of Commerce regarding Christmas Lighting Payment Request, It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to approve the request of the Downey Chamber of Commerce. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT. 0 Councilmene None Communication from County Registrar -Recorder regarding Use of Heliport. Ordered filed, Communication from Richard W. Albrecht requesting Hearing on Appeal, Zone Exception Case #1091 7214 Glencliff Drive, It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1091, for 7:30 p.m., December 11, 1972, in the Council Chambers of the Downey City Hall. Council Minutes 11/28/72 -2- AYES: 5 Councilman. Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilman: None ABSENT. 0 Councilman: None Communication from Mrs, Earl D. Dilley expressing Appreciation to Police Department, Ordered filed, Communication from Mr, and Mrs, Rocco Cangelosi expressing Appreciation to Police Department, Ordered filed, Communication from Quentin R. Stiles, M. D., expressing Appreciation to Police Department. Ordered filed. Communication from Walter J. Pasner expressing Appreciation to Police Department. Ordered filed, Communication from Ralph Tannyhill regarding Rezoning of Downey Avenue. Ordered filed. Mayor Winton indicated the City Council Sub -committee of the General Plan is currently doing a review, and he suggested it may want to take this matter into considera- tion in its discussion and findings. Communication from Youth for Christ regarding Haunted House Project, Ordered filed. Mayor Winton commented on the project and stated there were relatively few problems, considering the fact that 14,313 people went through the haunted house. He referred to the excellent job and organization did in patroling the area. Police Chief Morgan stated the problems resulting from the haunted house exhibit were very minor, Communication from Southeast Mosquito Abatement District regarding Appointment of Trustee. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to reappoint Mayor Pro Tem Morton as member of the Board of Trustees for a two-year term commencing January 2. 1973, and authorize the Mayor to send a letter to the District indicating the appointment has been made. Communication from Downey City Youth Band regarding Dissolution of Youth Band Board Held until later in the meeting. Communication from Maurice L. McAlister requesting Ap Decision re2ardin2 the Environmental impact Renort nn 7nne Commission's 954. City Attorney Sorensen stated Section 7 of the Guidelines and Procedures adopted by the City Council provides the Planning Commission's decision regarding Environmental impact Reports (E_R) may be appealed to the Council within 15 days of the Commission's action; any interested person may file without fee; and the appeal should set forth specifically where the Commission's findings were in error. He said the setting of an appeal would not require a public hearing, however, public notice shall be given. Mr. Sorensen commented the Council should determine whether this notice of appeal as pre- sented is sufficient to satisfy the guidelines as adopted. It was moved by Councilman Morton and seconded by Councilman Temple to set the appeal for 7:30 p.m., December 11, 1972, in the Council Chambers of the Downey City Hall. It was noted the grounds for appeal were not contained in the letter requesting same. City Attorney Sorensen stated the only matter to be before the Council will be the EIR. With the consent of the second, the motion was amended. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to set the appeal for 7:30 p.m., December 11, 1972, in the Council Chambers of the Downey City Hall, and that Mr. McAlister be contacted today and requested to present what he is appealing with regard to the points in the EIR. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT, 0 Councilmen: None Councilman Jennings referred to a memorandum to the City Council written by Councilmen Morton and Jennings regarding the Revised General Plan. He asked for Council discussion and vote on the matter. Council Minutes 11/28/72 -3- Ma,un Winton 'icata d to had not received a copy. he said he had submitted his recommendations io':ns to the Planning Commission and had not received a report back from the Commission as yet Planning Director Gogein stated the recommendations will be submitted to the Commission at its next meeting, Councilman Morton requested that: the matter of the Revised General Plan be placed on the next City Council age:;_da. Councilman DiLoreto stated he and Councilman Teeple met with members of the Downey real estate community concerning Application, of the Landscape ordinance with regard to new real estate signs used for sale of real property, which are set back in the setback area. He said discussion was "geld regarding the 42." height limitation of the signs; it was felt the signs could not be seen when set back IV; and, therefore, after considera- tion, it is requested tie height limitation be raised to 66" from the ground. Councilman DiLoreto spoke regarding the Use of Directional Signs by the Real Estate ammunity concerning open house and sale of homes on designated days and said it has been the custom to place the signs in the parkway area., He referred to his memorandum to the Council proposing an amendment to the ordinance to provide that the signs could be used on Saturdays and Sundays within designated times only. Councilman D!Loreto proposed an amendment to the ordinance, Section 9126.39, provid- ing for the suggested height limitation on real estate signs, as well as an amendment regarding open house signs in the parkway. City Manager Thompson stated that two ordinances would have to be prepared to amend each item, He said tie matter pertaining to height limitation of real estate signs would have to he referred. to 'Oe Planning Commission for report; that the matter pertaining to the p blic x s:._.-o +ay could be acted on by the Council directly. It was moved by Co=cilmna DiLoreto and seconded by Councilman Temple to refer the are dsent to the oor'ing ordinance pertaining to height Limitations of signs to the Planning Co crrissiov for report and the matter relating to signs in the parkway be held in abeyance pending the Coam ssiom's report. Councilman Morton sold no action should be taken pending Council concurrence on this —matter. Discussion folluxV. Mayor Winton po ntai out that ormal prooed,re has been to establish a. rapport with the 'Mayor or MyyGr Pr-o To's cO ice relative. to forming a Council sub -committee and to apprise each Cc=" .imam' & swet.i .gs totake place, particularly when involving an ordinance change. he said Staff has teen wor'kinn on a sign ordinance which would be as rigid or more stringent. 'O :an is now in effect ur.jer the landscaping ordinance. Councilman Morton commented for two years the City Council has had on record a direction to the Planning 1Department to prepare a sits ordinance, He referred to the citizens" complaints that have been received relative to the many signs all over the City, including real estate signs, and stated. the City Manager has corresponded with the Board of Realtors in regard to the sign problem, Councilman Morton said this problem with signs could very well come within the meaning on an impact report in any Location; that signs downgrade residential areas. He said he will not vote for any liberalization of signs to 661, Council discussion e % wed.. , Mayor Winton commented that realto'rs and gas stations are the biggest offenEers Cc the sign and landscape ordinance. Councilman Onalais .toted there has a:een no staff input on this matter; He said prier to preparing an or l _.."ice, surrounding Cities sh3 ld be contacted and their ---ordinances obtained, studied., and then provide input, Roll call vateg AYES, 2 Cov,'ncilmen2 NCES2 3 CouncilmonE ABSENT, D Councillors Motion failed, DiLoreto, Temple Jer ning.=_, Morton, Winton None It was suggested by the City Manager and the City Attorney to prepare an ordinance, putting into more precise language the same procedures and practices which have been followed in relations to these signs, until a more detailed ordinance is prepared, Council Minutes 11,A6:3,,02 -4- F Councilman Temple asked for Council concurrence to forming a sub -committee to study this matter and bring back an ordinance to the Council. Mayor Winton declared a recess at 9:13 a.m. The meeting resumed at 9:27 a.m. with all Councilmen present, LEGAL CLAIMS (for information only' Ref. #079, Barbara Woodring Ref, #082, Ramona Montemayor Ref, 4080, Ronald and Christine Gerber Ref, #083, Cornette Syndication II Ref, #081, Joe Martinez Montemayor Ref, #084, Steven J. Yontz ORDINANCE NO, 427 AN ORDINANCE OF TLE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4133.1(d) OF SAID CODE AND REPEALING SECTIONS e, f AND g OF SAID SECTION. SAID SECTIONS RELATE TO IMPOUNDING OF SHOPPING CARTS The Ordinance was read by title only. 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 DiLoreto, and passed by the following vote to adopt Ordinance No. 427. AYES: 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 douncilmen: None ABSENT: 0 Councilmez,.: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 7319 ADD 7319.1 OF THE DOWNEY MUNICIPAL CODE RELATING TO WATER SERVICE DEPOSITS The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading, It was moved by Councilman Je-nnin?,-, 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 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2712 OF THE DOWNEY MUNICIPAL CODE RELATING TO SUSPENSION OF PERSONNEL The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. Discussion was held regarding the procedure to follow if a felony charge is changed at the trial to a misdemeanor. City Attorney Sorensen cited the City of Santa Monica case pertaining to suspension of an employee. City Manager Thompson explained the personnel rules at the present time lay out the standards on which a dismissal may occur and would relate directly to reasons for suspen- ._.sion preparatory to any decision of dismissal. Councilman DiLoreto commented regarding Section 2712 and the matter of appeal, and he noted that an employee suspended for six months would not have the right to appeal. City Attorney Sorensen explained if the Council wishes, it may amend the Section to provide for the suspension in accordance with the Personnel Rules & Regulations, and the Rules & Regulations could spell out whatever limitations, restrictions or control desired. After further discussion and there being no objections, the matter was taken under submission and the City Attorney was instructed, in conjunction with the City Manager and Council Minutes 11/28/72 -5- input from the City Council, to prepare an appropriate ordinance for the next City Council meeting. RESOLUTION NO. 2744 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 AND RESCINDING RESOLUTION NO. 2728 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 Morton, and passed by the following vote to adopt Resolution No. 2744. AYES: 5 Councilmen: Jennings, Morton., DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING DUNROBIN AVENUE A THROUGH STREET AT ITS INTERSECTION WITH PRISCILLA STREET The Resolution was read by title only. It was moved by Councilman ffort6n,_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. 2745. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXA- TIONS 72/12, 72/13, 72/14 AND 72/19 THROUGH 72/25) 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 Temple, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2746. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Public Works Director Spindel reported on the locations..invo.lved,. the zone for.:each and the number of lights to be used. He said the total annual operation cost for the lights are $1,561.20; the annual assessment on Zone I, $>21, and Zone III, $.2967. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to receive and file the City Engineer's Report. RESOLUTION NO. 2747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 72/12, 72/13, 72/14 AND 72/19 THROUGH 72/25) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. Council Minutes 11/28/72 -6- Mayor Winton doted the Resolution sets December 26, 1972 as a hearing date on this matter, and he polled the Council to determine whether there would be a quorum at the meeting. Each Councilman replied that he would be present on December 26th. The time scheduled for the hearing on December 26th was changed from 7:30 p.m, to 8:00 a.m.. and so noted in the Resolution. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2747 with the time as noted. AYES- 5 Councilmen, Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen. 'None ABSENT: 0 Councilmen- None RESOLUTION NO. 2748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE NATIONAL FOOTBALL LEAGUE TO RECONSIDER ITS DECISION REGARDING THE BLACK -OUT OF THE SUPERBOWL FOOTBALL GAME, AND EXPRESSING ITS SUPPORT OF SUPERVISOR XENNETH HAHN IxV HIS OPPOSITION TO THIS BLACK -OUT The Resolution was read by title only. 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 DiLoreto, and passed by the following vote to adopt Resolution No. 2748, Ai'ES: 3 Councilmen.- DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None ABSTAIN.- 1 Councilmen- Morton. RESOLUTION NO. 2749 A RESOLUTION OF THE CITY COUNCIL OF T'HE CITY OF DOWNEY REQUES'T'ING THAT THE STATE OF CALIFORNIA PROVIDE BY LAW FOR THE ALLOCATION OF' REVENUE SHARING FUNDS AMONG UNITS OF LOCAL GOVERNMENT ON AN OPT70N'AL 'FORMULA BASIS AS AUTHORIZED UNDER THE STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple,and so ordered to waive further reading. Mayor Winton reviewed the revenue sharing allocations and commented on the distri- bution formula. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No, 284:9. AYES: 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen„ None ABSENT- 0 Councilmen- None RESOLUTION NO. 2750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO ENDORSE THE HELPLINE YOUTH COUNSELING CENTER FOR INITIATING A PROGRAM DESIGNED TO MEET SOME OF THE NEEDS OF OUR YOUTH 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. 2750. AYES- 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton NOES- 0 Councilmen: None ABSENT: 0 Councilmen- None Council Minutes 11/28/72 -7- RESOLUTION NO, WS-820 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. 57446 - 57985, $230,749.77 -- 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-820. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-821 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 (190. 22368 -- 22552, $124,397.25) The Resolution was read by title only. It waa moved by Councilman Temple, seconded by Mayor Winton, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. WS-821. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Morton, seconded by ___Councilman DiLoreto, and passed by the following vote to award Cash Contract #303 Unit 4, Downey Rio Hondo Golf Course (Golf Course Cart Paths), to General Paving Company, the low- est and best bidder, in the amount of the unit prices bid. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #327, Downey Rio Hondo Golf Course Irrigation System Parks S Recreation Director James Ruth stated he spoke with the contractor regarding the possibility of including -'.Additional pipe to provide a drinking fountain facility and increase the water pressure in the washroom facilities on the golf course. He requested that the City Council favorably consider an approximate $2200 expenditure for the installation of the pipeline. City Attorney Sorensen commented the Council should award the contract first, and then, if it desires, to issue a change order. It was explained by City Manager Thompson that the $2200 figure was stated so the Council would be award of the additional pipeline and the unit price established, which was quoted by the contractor. Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to award Cash Contract #327, Downey Rio Hondo Golf Course Irrigation System, in the amount of the combined total for the base bid and the alternate bid, to Schmidlin Brothers, Inc. for installation of the irrigation system. 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 improvements completed in conjunction with Cash Contract #SS-281, Wiley Burke Avenue, Cash Contract #318, Unit 2, Noren Street, and the responsi- bility for maintenance thereof, Council Minutes 11/28/72 -8- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen.: None ABSENT: 0 Councilmen: None Sidewalk Matching Funds Responding to questions by the City Council, Public Works Director Spindel explained M.F. #174, 11870 Haro Street, includes full cost for one-half sidewalk return. He said this property is part of a parcel map development on which the developer signed a street agreement for future sidewalk construction, however, there is now a new owner, and he has applied for the matching funds. Discussion followed. It was noted that the new owner of the property on Haro Street was aware of the street agreement when he purchased the property. 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, with the exception of M.F. #174, 11870 Haro Street, Estimated M.F. No. Address City Cost 170 8220 Stewart & Cray Road $ 109.00 171 13203 Blodgett Avenue 64.00 172 7726 Phlox Street 94.00 173 8025 Cheyenne Avenue 78.00 175 7733 Phlox Street 78.00 Total Estimated City Cost $ 423.00 AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 1 Councilmen: DiLoreto ABSENT: 0 Councilmen: None Suspension of Parking Restriction, H & H Nursery, 12821 Lakewood Boulevard Councilman Jennings questioned the need for restrictive parking at any time. Public Works Director Spindel stated a study could be made. Mayor Winton commented the temporary suspension of parking restriction has not created any problems in the past. He said if a study is made, consideration should be given to the fact that there are apartment complexes to the north and to the south along Lakewood 'Boulevard, which may create traffic congestion. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to approve Suspension of Parking Restriction and the temporary hooding of the 4-6 p.m. peak hour parking restriction along the west side of Lakewood Boulevard adjacent to H & H Nursery, 12821 Lakewood Boulevard, from December 1 to December 25, 1972. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen; None ABSENT: 0 Councilmen: None There being no objections, it was so ordered to consider Amending Section 7133 of the Downey Municipal Code, to exclude all companies governed by the Public Utilities Commission and which have assets of $10 million or above from the bond requirement. Lease Agreement, Baptist Church Parking Lot Questions were raised regarding the exact Location of the parking Lot. After dis- cussion, the matter was ordered placed on the agenda for the next City Council meeting. CITY MANAGER'S REPORT City Manager Thompson commented that his report on the Revised Ordinance, Personnel Suspension for Trial Proceedings, has already taken place under Ordinances. City 'Manager Thompson reported on the Downey City Youth Band and of the dissolution of its Board of Directors. He made the following recommendations: 1. That the Downey City Youth Band be sponsored by the City, under the auspices of the Park and Recreation Department. Council Minutes 11/28/72 -9- '2 2. That the Park & Recreation Department be authorized to establish, an advisory committee to the Park & Recreation Commission. This would be composed of inter- ested citizens who would serve in various designated functions required in the general performance of the Youth Band, 3. That authorization be made to make provision for the Band Director, Mr. Caesar Mattei, to continue as director, and in addition, arrangements be made for an assistant director, Mr. Thompson stated if approved by the Council, a further, complete report covering .,all of the matters referred to would be submitted, covering procedures, financial controls, insurance requirements, etc., as would be generally considered under a co -sponsored agreement. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to approve the recommendations of the City Manager regarding the Downey City Youth Band, with the exception of the Assistant Director; that any recommendations to the selection of an assistant director be brought back to the City Council. Application to Public Utilities Commission by Pacific Telephone Company for Rate increa.¢e City Manager Thompson stated when notices are received from the Public Utilities Commission they are reviewed; that matters relating to rate increases are of such a complicated nature the City of Downey does not have the staff necessary to make a com- plete review as to the validity of the requests. He said he will keep the Council advised of any requests for increases that are received and in appropriate cases suggest that the City intervene or make an appearance before the Commission. Mr. Thompson stated he has no recommendation regarding the application of Pacific Telephone Company. Speaking to the matter of the Form Letter Survey, Mr. Thomspon said a copy of the form letters and report are on file in the City Council office and are being reviewed. He commented that if necessary, any changes can be made. Mr. Thompson reported on the proposed Fire Station Property. He said appraisals -have been made of a specific piece of property on Paramount Boulevard, and a signed statement has been received from the property owner, indicating his acceptance of the appraised price of $48,550. He requested authorization to proceed with acquisition of the property and stated funds are available and appropriated for this specific purpose. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to approve the purchase of property on Paramount Boulevard for the proposed Fire Station and authorize the City Manager to execute such documents as may be necessary to consummate the transfer of title. AYES; 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES. 0 Councilmen: None ABSENT: 0 Councilmen: None ORAL COMMUNICATIONS Councilman DiLoreto addressed the City Council regarding a proposed resolution, which based upon his personal belief, would limit the tenure of office of any Councilman to twp terms. He spoke of the personal satisfaction one achieves in serving as Councilman and stated the office of Councilman should be made available to as many people as possible. He said, therefore, he would like to bring before the City Council a resolution which would limit the tenure of office to two terms. Councilman Temple concurred with Councilman DiLoreto and stated tw6 terms of office, or a maximum of ten years, would be a good policy to follow. He said he would be in --favor of preparing a resolution. Councilman Jennings reported on a memorandum received, which is in answer to his request that the _City seal be placed on all City vehicles, excluding police undercover cars. He said he noted a white City pickup without the seal, which is contrary to the memo, and he requested another memo be prepared with a list including exactly which cars are marked and which are unmarked. Commenting on the term of Councilmanic office Councilman Morton stated at times there are extenuating circumstances that necessitate a Councilman continuing on the Council for more than two terms. He said the Councilmen in Downey are perhaps more active and involved than any other City Council in the area. Council Minutes 11/28/72 -10- f Referring to the Revised General Plan, Councilman Morton stated he and Councilman Jennings were set up as a committee of two to bring back a report and recommendation to the City Council. He said the recommendation has now been made, and the matter is ready for discussion at the next City Council meeting. Mayor Winton commented that his presentation to the Revised General Plan was done in the form of written comment, oral review, and a color -coded map, and the General Plan should blend in land use, showing actual use of the land. He referred to his lengthy review of this matter with the Planning Director and assistant, as well as the Planning Commission,, and stated the report back from the Commission did not take into considera- tion certain areas which he felt needed to be considered. He said the Planning Director has stated an additional report will be submitted to the Mayor relative to the General Plan. Relative to term of office of City Councilman, Mayor Winton said persons who have served two terms have given up a great deal of themselves to the City. He said if the tenure of office is to be restricted, there should also be a restriction on the amount of money that can be spent for an election campaign. Mayor Winton commented that the City Manager has prepared a list of items for Council consideration regarding the Federal Revenue Sharing Program. He said a sub- committee could be established for review and recommendation, or the Council could con- vene a special meeting for that purpose. The Council decided to convene a special meeting to review the Revenue Sharing Program projects. The time agreeable to all members was 5:00 p.m. tonight, November 28th. The meeting was adjourned at 10:55 a.m, to 5:00 p.m., November 28, 1972, in the Council Chambers of the Downey City Hall. ROBERT L. SHAND, CITY CLERK Council Minutes 11/28/72 -11- DONALD H. WINTON, MAYOR