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HomeMy WebLinkAboutMinutes-02-13-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 13, 1973 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: D.I.P. #634, Site 3, N/s Firestone Pl. E/o Old River School Road No action required D.I.P. #635, E/s Patton Rd. S/o Cavel St, - Authority to proceed with sidewalk construction Appeal, ZE Case #1108, 7302 Hannon St. Minutes, January 23, 1973 Comm, from Long Beach Reg. Arts Council re Participation in 1st Annual Arts Festival Comm. from Assemblyman Wakefield re Publication of Weekly History Appeal, ZE Case #1091, 7214 Glencliff Dr. Appeal, ZE Case #1.096, 8509-1.3 Imperial Hwy. & 12580 Brook.shise Ave. Legal Claims (for information only) #092, C.L. Woods #095, S. Chavez #093, B. Chavez #0962 J. Pedroza #094, J. Chavez #097, State Farm Ins. Legal Claims (for Council action) #088, State Farm Ins, Action filed by Coca-Cola Bottling Co. re dispute over property taxes Resolution #2770, Prohibiting Stopping Anytime Slv. Side Firestone B1. 'bet Old River & Arnett 6 Wlp. Side Old River bet Firestone & Arnett Resolution #2771, Establishing No Stopping Anytime Both sides Imperial bet. Smallwood & Wl'y. City Limits, etc. Payroll Warrants, #00618 _ 01154 Payroll Warrants, #01155 - 01697 General Warrants, 023329 - 23580 Traffic Signal Operation., Bellflower @ Dalen Pro Shop Lease Agreement, Rio Hondo Golf Course - Auth. Mayor to sign assignment Downey Youth Band appropriation Independent Cities Conference Sale of alcoholic beverages within 300' of residential property Advertising of Parking Spaces for Rent Furniture Sales at Car Washes Resale of Cars, District 1 Page 1 of 1 Approved Ref, to Planning Commission for conditions Approved Ref. to Art Museum Board of Directors Received & filed PAGE NO. 1 2 G 4 4 Taken under submission; Planning Dir. to meet with applicant 5 No negative impact; Taken under submission 6 & 7 No action Denied Ref, to County Adopted Adopted Approved Taken under submission Approved Approved Report by Councilman DiLoreto Request for meeting between Planning Comm. & Council Request for Staff investigation 7 7 7 8 8 8 8 9 9 9 10 10 Request for Staff investigation 10 Request for enforcement program 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 13, 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 13, 1973, in the Council Chambers of the Downey City Hall, Mayor Thomas H. Morton presiding. PRESENT: Councilmen: Joseph E. DiLoreto, Richard M. Jennings, Walter S. Temple, Donald H. Winton, Thomas H. Morton 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 d Safety Donald Warren, Acting Fire Chief Joseph R. Ruth.rie, Captain, Police Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The Invocation was delivered by Parks d Recreation Director James Ruth, followed by the Flag Salute led by Public Works Director Ervin Spindel. With the assistance of Police Captain Joseph Guthrie, Mayor Thomas Morton pre- sented a commendation to Mr. Gary Sudborough for his exceptional bravery in saving the life of an injured driver, by rescuing him from a burning automobile. Mayor Thomas Morton presented to Finance Director Richard Patton an award received. from the California Society of Municipal Officers for Meritorius Financial Reporting by the City of Downey. Mayor Thomas Morton displayed an orange, 16 inches in circumference, grown in. Downey. Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project #634, Site 3, North side of Firestone Place East of. Old River School Road. He inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Mailing, and City Clerk Robert Shand responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavits. Mayor Morton inquired of the City Clerk if he had received any written protests or objections against the improvements, and the City Clerk replied he had not. Public Works Director Ervin Spindel reported the property owner has paid the balance of the costs for the improvements, and, therefore, it will not be necessary to hold the balance of the hearing. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to accept the Report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak to the matter, and there was no response.: It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project #634, Site 3, North side of Firestone Place East of Old River School Road. Mayor Morton noted that due to the Engineer's Report, no further action will be required on this matter. Mayor Thomas Morton declared that this is the time and place for the public hearing on Downev Imorovement Proiect #635. East side of Patton Road South of Cavel Street. He inquired if the City Clerk had the Affidavit of Posting of Notice and ?Affidavit of Mail- ing, to which City Clerk Robert Shand responded in the affirmative. Council Minutes 2/13/73 -1- 009 It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton., and so ordered to receive and file the Affidavits. Mayor Morton inquired of. the City Clerk if he had received any written protests or objections against the improvements, and the City Clerk replied he had not, Public Works Director Ervin. Spindel reported the improvements at Site 1 have been completed, leaving only sidewalks to be constructed at Site 2 (120.70 Patton Road), He said the estimated cost is $200 and authority to proceed with construction is requested. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton,., and so ordered to accept the report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in opposition to 'Downey Improvement #635, and there was no response. it was moved by Councilman .Joseph 'DiLoreto9 seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project 0635, East side of Patton. Road Soutr, of Cavel Street.. It was moved, by Co+:ncilman. Richard ,Jennings, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Public Works Department to proceed with sidewalk construction. on. Downey Improvement Project #635, East side of Patton Road South of Cavel Street. AYES, 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES, 0 Councilmen, None ABSENT: 0 Councilmen* None Mayor Thomas Morton declared that this is the time and place for the public hearing on. Appeal, Zone Excepti.00. Case #1108 7102 Hannon Street. He inquired if the City Clerk: had the Affidavit of Publication, to which City Clerk Robert Shand responded inthe affirmative. Planning Director William Goggin reported the request is for an encroachment 21 feet into the front yard setback area and paving the front and side yard with landscaping of rock and stone, He said the request also included modification of the side yard setback for a paved parking space, which is in violationof the Code. Mr. Goggin statedthe paved parking space was denied under a previous zone exception, however, the .applicant. did pave out a parking pad in the side yard setback, andthis should be included in the modification. He commented the applicant enclosed the front: porch area of his home, and at that time applied for a permit to hang double doors; that on the second inspection, the building inspector discovered the improvements were in violation, asked to see a permit for the work, and the only permit the applicant had was for the double doors. Responding to questions by the City Council regarding why the work was signed off when there was only a permit for the banging of the doors, Building & Safety Director Ray Lake explained at the time it was signed off the regular inspector was ill; that the senior inspector made the inspection and didn°t recognize the fact that additional work had been done without permit and signed off the framing, not realizing the other work was part of it. Mr. Lake answered further questions of the City Council. He said two inspectors noticed some pilasters in the public right-of-way area on the subject property and stopped to investigate; thstwaswbeT; they noticed the additional work going on. Mr. Lake stated the inspectors reported it and asked the applicant to take out a permit for the balance of the work. Commenting that a. previous zone exception had been denied by the Planning Commission, Mayor 'Morton inquired if work was done after that time. Mr. Goggin replied affirmatively. Mayor Morton inquired if there was anyone present who wished to speak in favor of Appeal, Zone Except.i.on. Case #1108, 7302 Hannon Street. Mr. Ernest Hess, the applicant, 7302 Hannon Street, addressed the City Council and stated: he began work on the improvements in April of 1972, by doing most of the work himself; that in July 1972, after returning home from vacation, he received a notice from. the City to stop all work and obtain a permit, which he immediately secured for the hang- ing of double doors on the front of his home. He commented at the time of obtaining the permit he had a drawing to show what he intended to do, and from that, the Planning Department made a plot plan which was used to secure the permit. Mr. Hess said on. Council Minutes 2/13/73 -2- am August Sth, five days after obtaining the permit, he called for an inspection, and at that time the work was inspected and the framing and siding signed off without comment, Mr'. Hess stated after the inspection and signing off of the permit, he proceeded to purchase the materials required for completing the project. He gave an explanation of the items purchased and amount expended for each, totaling approximately $3300, Mr. Hess commented that in October he was instructed to obtain a permit for the fence, including pilasters, which he quickly secured. He said at no time was there any mention of the setback problems, Mr. Hess stated in November he received notice to stop work, inasmuch as the front and side yard must be maintained as a planting area, and he was putting in green rocks in lieu of other ground cover. He said he was further noti- fied at that time that the porch enclosure appeared to encroach into the front yard. setback area, for which no permit was secured, In discussing other variances granted in the neighborhood, Mr. Hess commented that other structures on Hannon. Street have less than. the 30 feet required for his residence. He said after measuring from the front of his home to the closest curb line on. Hannon. Street, the setback measures 26 feet, which is 4 feet less than required; that the enclosure he is proposing is 27 feet 7 inches from the curb. Referring to the landscaping of his front yard, Mr. Hess stated he is proposing rock for approximately 50 percent, rather than the 30 percent suggested by the Planning Department, He mentioned he has contracted with a licensed architect for the landscap- ing, and he commented on various Locations in the City using rock for either complete lawn areas or parkways, Mr, Hess said there has been no maintenance with the rocks that have already been placed, and he requested the rocks be permitted, with the City judging after one year as to the practibility of their use, Mr, Hess explained at the time of securing his permit, he submitted a drawing show- ing all of the existing walls and new walls under the existing roof, He requested Council to consider the hardship it will cause him if the new structure must be removed, Mr. Hess submitted a petition signed by approximately 70 residents in favor of his proposed improvements, Mayor Morton asked Mr,. Hess if he had proceeded to do certain work that had been disallowed by the Planning Commission, Mr, Hess replied that he did do certain work unrelated to the denied zone exception, however, if the Council wishes an explanation of his reasons, he will prepare a presentation for the next meeting. '... Mr, Hess answered questions of the City Council, It was notedthat a. request for a. circular driveway was denied under zone exception and that a concrete pad was subsequently" put in, Mr. Coggin clarified some of the points raised by Mr. Hess concerning setbacks of other residences in the area. He further commented that the Planning Department recommended that the Commission request Mr. Hess to bring back a plan. showing approxi- mately 30 percent rock landscaping, Mr. Goggin stated it was the Department"s feeling that possibly there was some merit to relaxing the Code as it now reads and a solution to bring about an ordinance change. To date, he said, Mr. Hess has not submitted a design. Discussion followed, Mayor Morton inquired if there was anyone else presen.t who wished to speak in favor of the Appeal, and the following persons addressed the City Council: Mrs. Marjorie Prindle, 7308 Hannon Street Mr. John. Fisher, 7303 Shadyoak Drive Mrs, Louise Moore, 7309 Hannon Street Mayor Morton inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Appeal, Zone Exception Case #1108, 7302 Hannon Street, Councilman Walter Temple expressed a desire to refer this matter back to the Planning Commission for conditions on encroachment into the setback on the Landscaping and on the side yard paveout. Discussion followed regarding the pilasters, Council Minutes 2/13/73 -3- Councilman Joseph DiLoreto spoke in favor of approving the appeal. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve Appeal, Zone Exception Case #1108, 7302 Hannon Street, and refer it back to the Planning Commission for conditions on encroach- ment into the setback areas and onto the landscaping. Questions were raised regarding the pilasters. City Manager Charles Thompson informed the Council the pilasters are in the public right-of-way and are being removed. Discussion ensued, City Attorney Royal Sorensen. explained if the paving is included within the landscaping program, in that sense it would be included as part of the motion. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, and so ordered to approve the Minutes of the City Council Meeting of January 23, 1973. Mayor Thomas Morton declared a recess at 8:45 p.m. The meeting resumed at 8:55 p.m. with all Councilmen present. Communication from Public Utilities Commission regarding Application of Southern. California Gas Company for rate increase. Ordered filed. Communication from The Long Beach Regional Arts Council regarding Participation in. First Annual Arts Festival. It was moved. by Councilman Donald Winton, seconded by Councilman. Walter Temple, and so ordered to refer this matter to the Art Museum Board of. Directors. Communication from Assemblyman Floyd L. Wakefield regarding Publication of Weekly History, It was moved by Councilman Donald Winton and so ordered to receive and file. Communication .from Planning Commission. regarding Report on Appeal, Zone Exception Case ±1091 7214 Glencliff Drive. Planning Director William Goggin reported on the conditions proposed by the Planning Commission. He said the parkway should be clear of any fencing; that the next 10 :feet of fence be 42 inches in height; and that the remaining 10 feet stay at the 1,0 feet height. Mr. Goggin stated due to the amount of traffic on the street, the con- ditions are proposed to provide site distance on Mr. Albrecht's property for the curved driveway. He commented that as long as the fence can stand on its own presently it can remain, however, at such time as the fence has to be reconstructed, it must be built to conform to the Code. Mr. Goggin answered questions of the City Council. Discussion. ensued. It was moved by Councilman Walter Temple to accept the conditions of the Planning Commission on Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, with a revision in Paragraph 2, line 2, by removing a portion of the sentence starting with the word "except" and ending with the word "grade" on line 5. Motion died for lack of a second. It was moved by Councilman Richard Jennings to approve Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, in accordance with the recommendations of the Planning Commission and the plot plan. Motion died for lack of a second. It was moved by Councilman Walter Temple and seconded by Councilman Donald Winton to accept the Planning Commission's recommendations on Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, amending Paragraph 2, removing a portion of line 2, starting with. "except" and all of lines 3 and 4 through "except" on line 5. Council Minutes 2/1.3/73 -4- E""2 AYES: 2 Councilmen: Temple, Winton NOES: 3 Councilmen: DiLoreto, Jennings, Morton ABSENT: 0 Councilmen: None Motion failed. Discussion followed. Councilman Joseph DiLoreto suggested taking the matter under submission to allow Mr. Albrecht to meet with the Planning Director to discuss the exact situation of his case. Mr. Goggin explained that after the hearing before the Council was closed, the Council asked the Commission to make a report back. He said the report was made directly to the Council and there was no discussion with the applicant on this matter, Mr. Goggin commented it is a matter for the Commission to determine what conditions it feels applicable, and then it is a determination of the Council whether it wants to accept, reject, or modify the conditions; that as a matter of procedure there are no further discussions with the applicant. It was moved by Councilman Richard Jennings and seconded by Councilman Donald Winton to approve Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, and include the conditions as set forth by the Planning Commission. AYES: 2 Councilmen: NOES: 3 Councilmen: ABSENT: 0 Councilmen: Motion failed, Jennings, Winton DiLoreto, Temple, Morton None It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to take Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, under submission; that the applicant and the Planning Director be allowed sufficient time to meet and discuss this matter; and that the Planning Director submit to the Council a report of the meeting concerning the conditions presently before the Council, with the hopes of resolving the matter. Councilman Richard .Jennings made the following statement: "I disagree for the record'.." AYES: 3 Councilmen.: DiLoreto, Temple, Morton NOES: 2 Councilmen: Jennings, Winton ABSENT: 0 Councilmen: None Mayor Thomas Morton requested in the future when conditions are presented at the request of the City Council that the property owner receive a copy. Reiterating his previous comments on Appeal, Zone Exception Case #1091, Mayor Morton. said he does not feel the fence should extend out into the front yard setback area; that the fence should be brought up to.Code and should not be left in an unsafe condition. Communication from Planning Commission regarding wort on Appeal, Zone Case #1096, 8509-13 Imperial Highway and 12580 Brookshire Avenue, Planning Director William Goggin discussed conditions proposed by the Planning Commission. He stated the applicant attended the Commission meeting and was given a. copy of the proposed 23 conditions. City Attorney Royal Sorensen mentioned there might be possible technical difficulty, inasmuch as there has been a negative determination made by the Commission on the - Environmental Impact Report. He said to his knowledge there has not been a formal appeal on the Commission's ruling to the Council. In explaining the procedure for preparing Environmental Impact Reports (EIR), Mr. Goggin stated the applicant submits information to the Planning Department and it is the Department's responsibility, according to State law, to make the EIR. He said in this case, there were 14 points in the applicant's proposal which the department felt were in error. Mr. Sorensen said under new legislation there is a requirement that the govern- mental agency will prepare the EIR. Council Minutes 2/13/73 -5- a Responding to questions by Councilman Joseph DiLoreto, Mr, Goggin stated the department prepares only the reports in which it feels there are errors. He mentioned if impact information is submitted and the department feels it is accurate and concise, it would be submitted to the Council as the Planning Department's report, Discussion followed. Mayor Thomas Morton informed the Council that on this particular matter, he was not involved in the hearing on the zone exception case and was not present during the hearing. He said he will not vote on this matter, Mayor Morton stated, however, the City Attorney has advised that he may proceed to chair the meeting, Councilman Donald Winton commented on Paragraph 3 of the EIR, wherein it is indi- cated the property is proposed for medium density residential development on the City's r-wprehensive General Plan; that the General Plan was subsequently adopted by the City Council with the exception of District 1. Councilman DiLoreto inquired if the City Council could make a finding that there is not a negative effect upon the environment and proceed with respect to the conditions. Mr. Sorensen replied the resolution. adopted by the Council does not provide that an approval may not be given even though there is a negative report. He said if the Council desired, it may hear comments from people concerning the EIR, or "the Council can make a finding to approve the EIR and find there is no adverse impact, Councilman Winton reviewed Paragraphs No, 5 and 7 of the negative EIR regarding affect on residential occupants and impact on noise level. Mr. Sorensen commented that the Council may consider the negative report as part of the requested report back from the Commission and may act upon the EIR if it desires. Discussion ensued. Councilman Winton reviewed Paragraphs No. 10 and 13 of the report and discussed the area of the White Front store, which he said is surrounded on all three sides by resi- dential property, It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote that the City Council has the Environmental Impact Report before it, and it has reviewed the report, and based upon a review of the report and discussion it finds there is no negative environmental impact upon the proposed application of the property as commercial and approves the data as supplied by the applicant. AYES: 3 Councilmen: DiLoreto, Temple, Winton NOES: 1 Councilmen. Jennings ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton It was moved by Councilman Joseph DiLoreto to approve Appeal, Zone Exception Case #10961, 8509-13 Imperial Highway and 12580 Brookshire Avenue, subject to conditions. Councilman Winton asked for discussion of conditions. He commented on those con- ditions relating to non -sale of alcoholic beverages; certain opening and closing hours; raised traffic medians; and the fact that the Planning Commission shall retain jurisdiction to amend or add conditions without further public notice or hearing. He said such conditions are discriminatory. Councilman Jennings seconded the motion to approve. Roll call vote: ---- AYES: 2 Councilmen: DiLoreto, Jennings NOES: 2 Councilmen.: Temple, Winton ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton Motion failed. City Attorney Sorensen stated the Mayor had previously disqualified himself from participating in this matter. He said the Mayor did not sit in on the hearing and he is not qualified to vote on this particular matter because he did not hear the testimony. Council Minutes 2/13/73 -6- 6 It was moved by Councilman. Donald Winton and seconded by Councilman Walter Temple that Appeal, Zone Exception Case #1096, 8509-13 Imperial Highway and 12580 Brookshire Avenue;, be taken under submission. for the purpose and intent of the Planning Department to review comments that Councilman Winton indicated the need for reconsideration and that this matter be brought back to the City Council for consideration at the next City Council meeting. Councilman Jennings commented that the City Council is present to act on the conditions. With the consent of the second, Councilman Winton withdrew his motion and proceeded to review each condition, Mayor Morton suggested the matter be taken under submission and that Councilman Winton. confer with the Planning Director at some future time to review the conditions and then report back to Council with recommendations. I.t was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to take Appeal, Zone Exception Case #1096, 8509-13 Imperial Highway and 12580 Brookshire Avenue, under submission until the next City Council meeting. AYES: 3 Councilmen: DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton Communication from Mr, Robert Wagner expressing Appreciation to Staff of Public Works Department. Ordered filed. LEGAL CLAIMS (for information. only) Ref. #092, Clifford L. Woods Ref. 4095, Sheldon Chavez Ref. #093, Ben Chavez Ref. #096, Jose Pedroza Ref. 0094, Jeannie Chavez Ref. 0091, State Farm Insurance Co, LEGAL CLAIMS (for Council action) Ref. #088, State Farm Insurance Co., subrogee for Ellen Mae and Leland Dawson It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to deny the legal claim of State Farm Insurance Co., subrogee for Ellen Mae and Leland Dawson, Ref. 0088, and refer it to the insurance carrier, City Attorney Sorensen reported on an action filed against the County of Los Angeles, the City of Downey, and several other cities by the Coca-Cola Bottling Co., relative to a dispute over property taxes. He recommended referring the matter to the County for defense on behalf of the City as the tax collection agency. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to refer the action filed by the Coca-Cola Bottling Co, to the County of Los Angeles and request defense. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton reported on a communication received by telephone pertaining to a Hearing on February 15th. in Sacramento regarding Assembly Bill #8, which deals with Reapportionment. He suggested that either Councilman Winton or Councilman DiLoreto, as members of the Reapportionment Committee, might want to attend the hearing, Mayor Morton commented on the Council's prior decision to move in the direction of trying to have the City of Downey included in one Assembly District. Councilmen Winton and DiLoreto indicated they would not be able to attend. Councilman DiLoreto spoke regarding his recent trip to Sacramento and his discussions with Senator Walsh on the matter of Reapportionment pertaining to Senatorial Districts. He said he was informed that the way the proposed Bill now stands, all of Downey will be included within one Senatorial District. Council Minutes 2/13/73 -7- RESOLUTION NO. 2770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING STOPPING AT ANYTIME ALONG THE SOUTHERLY SIDE OF FIRESTONE BOULEVARD BETWEEN OLD RIVER SCHOOL ROAD AND ARNETT STREET AND THE WESTERLY SIDE OF OLD RIVER SCHOOL ROAD BETWEEN FIRESTONE BOULEVARD AND ARNETT STREET The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to adopt Resolution No. 2770. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT; 0 Councilmen. None RESOLUTION NO. 2771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A NO STOPPING ANYTIME RESTRICTION ALONG BOTH SIDES OF IMPERIAL HIGHWAY BETWEEN SMALLWOOD AVENUE AND THE WESTERLY CITY LIMITS AND RESCINDING NO PARKING RESOLUTION NOS. 1604, 2136, AND 2233 The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2771. AYES: 5 Councilmen. DiLoreto, NOES: 0 Councilmen: None ABSENT: 0 Councilme:nm None Payroll Warrants- #00618 - #011547 Payroll Warrants. 4#01155 - #016979 General Warrants: 023329 - #23580, Jennings, Temples Winton, Morton $239,562.51 $223,659.19 $211,464.97 Mayor Morton explained in the past the City Council adopted a. procedure of approv- ing the warrants by resolution, however, he has been advised by the City Attorney that a. resolution is not necessary; that the warrants may be approved by minute action. Tt was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the Warrants as submitted. AYES; 5 Councilmen.. DiLoreto, .Jennings, Temple, Winton, Morton NOES: 0 Councilmen. None ABSENT: 0 Councilmen: None Traffic Signal Operation, Bellflower Boulevard at Dalen Street Councilman Donald Winton inquired regarding synchronization of the traffic signal. Public Works Director Ervin Spindel explained the signal will be coordinated with the signal at Imperial Highway. Councilman Winton stated he had recommended to the Traffic Committee to increase the delays on the pedestrian push buttons, so that there would be longer periods of yellow to warn people the Light was going to turn red. Discussion followed regarding the mechanics of the traffic signal. At the request of Councilman Donald Winton, and there being no objections, the matter of Traffic Signal Operation, Bellflower Boulevard at Dalen Street, was taken under submission until the City Council is provided with a presentation of time sequence from the Public Works Department. Council Minutes 2/13/73 -8- CITY MANAGER'S REPORT -� P City Manager Charles Thompson reported that under the Pro Shop Lease Agreement, Rio Hondo Golf Course, the City was to make payments to the lessee in the event his lease was cancelled by the City in the amount equal to a pro rata share of the unamortized amount of the improvements in the pro shop. He said inasmuch as the loan is with the Golden State Bank, it has been decided that it would be advisable to make assignment of these payments, if any, to the Golden State Bank in the event the City ever cancelled the contract. City Attorney Sorensen explained this has been requested by the Bank, and he referred to Paragraph, 7 of the Agreement which says that the City will pay the unamortized portion of $19,675, or the actual cost, whichever is less. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, and passed by the following vote to approve the assignment of Pro Shop Lease Agreement in favor of Golden State Bank and authorize the Mayor to sign on behalf of the City. AYES. 5 Councilmen-, DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT-, 0 Councilmen: None Mr. Thompson reported on a memorandum from the Director of Parks & Recreation re- garding work on reorganization of the Downey Youth Band and its Citizens Advisory Board. He said after several meetings, a request has been made for the amount of $3923 for the remainder of the fiscal year, which is within the amount of $4590 set aside for the Youth Band, and he would recommend approval. Parks & Recreation. Director James Ruth commented if it is determined a co -sponsored agreement is necessary, it will be brought up during budget discussions. It was moved by Councilman Donald Win.ton, seconded by Councilman Walter Temple, and passed by the following vote to approve the request for appropriation by the Downey Youth Band. AYES- 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES. 0 Councilmen: None ABSENT-, 0 Councilmen.-, None Councilman7 Richard Jennings said the amount of money for the assistant director should be so that it can. be increased or decreased if necessary, and he requested a search be made for an assistant director as soon as possible. Mr. Ruth replied that out of six good candidates for assistant director, two are being considered, and a recommendation will be submitted to the Council in the near future. ORAL COMMUNICATIONS Councilman Joseph DiLoreto gave a report regarding the Independent Cities Conference held in Sacramento on February 7th and 8th. He said the following were proposed: Organization of a local government task force on a State level, whose primary function would be to study local government for the purpose of making recommenda- tions relative to streamlining governments at every level on a State-wide basis. Legislation that would require the State to fund local governments those projects that are mandated uponn from a State-wide Level. An exemption for the State Use Tax, which would give back to the City a portion of the Use Tax levied on purchases out of the State. An alternate formula for computing Revenue Sharing, which the Legislature has the authority to do. Councilman DiLoreto stated the Secretary og State urged those representing cities to carry back to the cities a proposal that is emerging, whereby the Federal government will attempt to reduce a tax-exempt status of both local and State governments and close up tax loopholes with respect to raising funds for the sale of bonds. He said the Secretary of State suggested a review by the Mayor and City Council and that a letter be sent to representatives in Congress and Senate, urging them to vote against any attempt to reduce the tax-exempt status of State and Local bonds. Council Minutes 2/13/73 -9- Councilman. Donald Winton commented that the Council Liaison Committee met with the Planning Commission, Planning Director and City Manager to discuss the sale of alcoholic beverages within 300 feet of residential property. He reviewed the policy of the past Council and stated the Planning Commission fglt this was a discretionary measure and had in the past exercised its own preogatives; that the Council has allowed the preogatives to be followed without establishing a policy other than the ordinance. Councilman Winton stated the Commission feels they should be allowed discretionary decisions rela- tive to this matter once again, however, complaints have been received relative to the Commission's decisions for the sale of alcoholic beverages. He suggested a joint meeting between the five Planning Commissioners and ,five City Councilmen to discuss this matter. Councilman Winton referred to an apartment building on Imperial Highway, east of Lakewood Boulevard that is displaying a sign advertising parking spaces for rent. He asked that the City Manager and staff investigate this matter to see if a permit has been obtained for operating a commercial parking lot in back of an apartment building. Councilman Winton called for an investigation by staff on the possibility of cur- tailing furniture sales at car washes, particularly in the vicinity of the north side of Lakewood Boulevard and Imperial Highway. Councilman Winton asked staff, Police Department, and City Manager to carry out a diligent program of enforcement on the resale of cars in District 1. He referred to the corner of Lakewood Boulevard and Imperial Highway and to the White Front parking lot at Woodruff Avenue and Imperial Highway. Councilman Winton said there are other parking lots for markets within his District that have virtually become used car lots. Councilman Winton extended his congratulations to the Downey High School Basketball team for their victory over the Warren High School Basketball team Friday, February 9th. Councilman Winton expressed his humble appreciation to the policies of the present Administration for providing a return of all of the P.O.W.'s. He requested Council to join. with him in adjourning the meeting in memory and hope that all of the M.I.A.'s will be found safely and returned home. Parks d Recreation Director James Ruth reported that the irrigation system at the Rio Hondo Golf Course will receive a final inspection on Thursday, February 15th. Mr. Ruth stated after discussion with the Public Works Department, Building Depart- ment and the contractor, it is anticipated construction will start February 19th on the Nature Museum at the Wilderness Park. There being no further business to come before the City Council, the meeting was adjourned at 10;46 p.m. V I (-4 ROBERT L. SHAND, CITY CLERK _ ./GLGUncrdi 4, r),,, 'u19+(. THOMAS H. MORTON, MAYOR Council Minutes 2/13/73 -10-