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HomeMy WebLinkAboutMinutes-04-09-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 9, 1973 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Appeal, Z.E. Case #1121, SW Corner Montgomery and Orange Denied 2 Minutes, March 27, 1973 Approved 2 Legal Claims (information only) #104, Arthur T. Sarka No action 3 Ordinance, Amending Sec. 5206.2 DMC re Accumulation of Garbage Introduced 3 Resolution #2779, Accepting Dedication at NW Corner Old River & Quill Dr. Adopted 3 Resolution #2780, Determining Auth. & Responsibility for Inspection of City Bridges within City & Providing Payment/Costs Adopted 3 Resolution #2781, Consenting to Establishment of Portion of Florence Ave. as Part of System of County Highways Adopted 4 Resolution #2782, Consenting to Establishment of Portion of Rosecrans Ave. as Part of System of County Highways Adopted 4 Resolution 42783, Consenting to Establishment of Portion of Paramount Blvd. as Part of System of County Highways Adopted 4 Resolution #2784, Consenting to Establishment of Portion of Telegraph Rd. as Part of System of County Highways Adopted 4 ` Participation Agreement w/County for Use of City TOPICS & Urban Funds re Telegraph, Approved; Mayor authorized Paramount, Rosecrans & Florence to execute 5 TOPICS Projects, Telegraph, Paramount, Rosecrans & Florence - Plans & specs & authority to advertise Approved 5 Resolution #2785, Urging Bd. Sprs. to Include Downey & other Cities in Coop. Gasoline Purchasing Program 1973-74 Adopted 5 Payroll Warrants Approved 5 General Warrants Approved 5 Joint City Council -Planning Comm. Meeting for Environmental Resources Management Element Scheduled for 4/17/73 5 Formation of Citizens Task Force Taken under study; City Manager requested to study citizen input 6 State Job Bank Assistance Program - Station one employee in YES office @ no City expense Approved 6 Proposed Reorganization in Finance Dept. Referred to Budget Comm. 7 Downey Centennial - Funds for starting -up purposes Held to next meeting 7 Apartment House Survey Committee Comments of Councilman DiLoreto 8 Seventh Annual Labor Relations Institute of League of Calif. Cities Report by Councilman Jennings 8 Paint Up, Clean Up, Fix Up Campaign Req. for Staff assistance 8 re inspection of homes League of Calif. Cities Meeting Report by Councilman Winton 8 Meeting adjourned in memory of Juan Hernandez 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 9, 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 9, 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 & 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 delivered by Building & Safety Director Ray Lake, followed by the Flag Salute led by Councilman Walter Temple. With the assistance of City Librarian Ruth Miller, Mayor Thomas Morton presented a plaque to Mr. and Mrs. Wayne Cheney and their children, Sarah, Fern, Wayne, and David, as the Library Family of the Year. Mr. Charles Jones, Chairman of the Library Advisory Board, introduced the former Library Advisory Board Chairman, Mrs. Gloria Heer. Mayor Thomas Morton acknowledged the presence of Mr. Harry Polgar, former Editor of the Downey Call -Enterprise. In connection with the Society for the Preservation and Encouragement of Barber Shop Quartette Singing in America, Inc., celebrating its 35th anniversary, Mayor Thomas Morton proclaimed the week of April 8 through 14, 1973, as Barber Shop Harmony Week in Downey. The Downey Chapter rendered two songs for the audience. Mayor Thomas Morton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1121, Southwest corner Orange and Montgomery Streets. He inquired if City Clerk Robert Shand had the Affidavit of Publication, to which Mr. Shand responded in the affirmative. Planning Director William Goggin reported the request is for a miniature golf course, which would be a C-3 use on property zoned C-1. He said the property is proposed on the General Plan for R-3. Mr. Goggin stated the public hearing before the Planning Commission was held on March 21st; a negative report was given by the Planning Department and approved by the Commission; and the request for miniature golf course was denied. He answered questions of the City Council; commented further on uses and zoning of contiguous pro- perties; and remarked that the.parking would be inappropriate for the proposed use. Mayor Morton inquired if City Clerk Shand had received any correspondence on this matter. Mr. Shand replied that a letter had been received from Mr. I. E. Beaty, Agent of the property owner. It was moved by Councilman Donald Winton and so ordered to receive and file the correspondence. Mayor Morton inquired if there was anyone present who wished to speak in favor of the appeal. Mr. I. E. Beaty, 5253 Mission Boulevard, Riverside, the applicant, presented his appeal on the following issues: The miniature golf course would have Low directional Lighting; the noise level would be well within what should be allowed; the hours of operation would be within the business hours of a nearby market and donut shop; parking Council Minutes 4/9/73 -1- far exceeds the code requirements; and the miniature golf course would be well land- scaped, well managed, and would enhance the environment. Mr. Beaty stated the development of an apartment house would degrade the area and he spoke of the natural surrounding of a miniature golf course. Answering questions of the City Council, Mr. Beaty stated it is not his intention to install pinball machines or billiard tables. He commented that a husband and wife would be trained to operate the business, and it is preferred they be familiar with the Downey area. Mayor Morton stated the Council's decision on this matter will not be based on economics. Discussion followed. Mr. Beaty was asked if he is primarily the developer of the property, and he replied that he will develop the property, own the business, and lease the property from the owner on a long-term lease. It was pointed out by Planning Director Goggin that Mr. Beaty has spoken only in opposition to the negative Environmental Impact Report. However, he said, the true appeal is on the zone exception, and Mr. Beaty should speak to the five findings required in the zone exception, inasmuch as that is the basis for his appeal. Mayor Morton noted that the Planning Commission denied the zone exception case as not meeting the findings required of Section 9130.2 of the Downey Municipal Code, and Mr. Beaty should address himself specifically to those findings. Speaking to the required findings for a zone exception, as set forth in Section 9130.2 of the Downey Municipal Code, Mr. Beaty stated the following: Since the Code provides for a change, approval of the zone exception would not be the grant of a special privilege. The lot is not contiguous to any other vacant land in the area. The property is classified C-3 but its operation is comparable to C-1 operations on adjoining land. A well -planted, well -maintained golf course with low lighting will not adversely affect the neighborhood. The hours and traffic are consistent with the existing operations already there; that the golf course will not add to traffic patterns which will be harmful to the neighborhood. Health and safety should improve by the development of vacant land in the area. The business would be comparable to all of the businesses in the area. Mr. Beaty was asked how many customers he would anticipate having on the miniature golf course at any given time for conducting a profitable operation, and he replied 50. He said there would be two employees and off-street parking for 22 automobiles. Mayor Morton inquired if there was anyone present vho wished to speak in opposition, and there was no response. It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #k1121, Southwest corner Orange and Montgomery Streets. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Planning Director William Goggin discussed the location of the apartment houses on Orange and Montgomery Streets and the hours of operation of contiguous business operations. It was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, and passed by the following vote to deny Appeal, Zone Exception Case #1121, Southwest corner Orange and Montgomery Streets, and to uphold the action of the Planning Commission. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 1 Councilmen: Winton 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 March 27, 1973. Council Minutes 4/9/73 -2- Communication from County of Los Angeles regarding Highways through Cities Resolu- tion No. 2336 Paramount Boulevard. Ordered filed. Communication from Southern California Gas Company regarding Franchise Statement. Ordered filed. Communication from Citizens Health and Sanitation Committee regarding Committee Minutes and Recommendation. Ordered filed. Communication from City of Long Beach regarding Senate Bill 502, Federal Aid Highway Act of 1973. Ordered filed. Communication from Southern California Edison Company regarding Franchise Statement. Ordered filed. LEGAL CLAIMS (for information only) Ref. #104, Arthur T. Sarka Communication from Downey City Library regarding Background -History of the Library. Ordered filed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 5206.2 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO ACCUMULATION OF GARBAGE The Ordinance 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 introduce the Ordinance. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ACCEPTING DEDICATION AT THE NORTHWEST CORNER OF OLD RIVER SCHOOL ROAD AND QUILL DRIVE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2779. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING THE AUTHORITY AND RESPONSIBILITY FOR IN- SPECTION OF CITY BRIDGES WITHIN SAID CITY AND PROVIDING FOR PAYMENT OF COSTS THEREOF. The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2780. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 4/9/73 -3- RESOLUTION NO. 2781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF FLORENCE AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2781. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF ROSECRANS AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2782. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF PARAMOUNT BOULEVARD WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2783. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF TELEGRAPH ROAD WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2784. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, and passed by the following vote to approve the Participation Agreements with the County of Los Angeles designating the use of City TOPICS and Urban Funds for the City's share Council Minutes 4/9/73 -4- of TOPICS Projects --Telegraph Road, Paramount Boulevard, Rosecrans Avenue, and Florence Avenue, and authorize the Mayor to execute the Agreements on behalf of the City. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve plans and specifications and grant authority for the advertising for bids by the Los Angeles County Road Department on TOPICS Projects Telegraph Road, Paramount Boulevard, Rosecrans Avenue, and Florence Avenue. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO INCLUDE THE CITY OF DOWNEY AND OTHER PARTICIPATING CITIES IN THE COOPERATIVE GASOLINE PURCHASING PROGRAM FOR 1973-74 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 Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2785. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve Payroll Warrants #03292 through #03804, $2211386.64. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve General Warrants #24186 through #24513, $132,453.51. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: "0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the South Gate -Downey Jail Facility Contract 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 CITY MANAGER'S REPORT City Manager Charles Thompson requested the scheduling of a Joint City Council- Plannine Commission Meeting for Environmental Resources Management Element, for the purpose of securing the Council's approval for the Planning Consultant, VTN, to continue its studies and set the objectives for the particular elements of the General Plan that have been established under VTN's contract. Mr. Thompson suggested several dates for the joint meeting. After Council discussion, the joint meeting was scheduled for 7:00 p.m., April 17, 1973, in the Council Chambers of the Downey City Hall. It was noted that this evening's meeting will be adjourned to that time and place. Council Meeting 4/9/73 -5- Pertaining to a request for the Formation of a Citizens Task Force by the City Council, Mayor Thomas Morton suggested this matter be taken under study and requested the City Manager to investigate the procedure being used by the Sanitation District to obtain citizen input. In further reporting on the State Job Bank Assistance Program, City Manager Charles Thompson stated there would be no intrusion on the Historical Society office space, inas- much as the Neighborhood Youth Corps Assistance Program has been deleted and its space can be utilized. He commented the Job Bank Assistance Program would enhance the program of the Youth Employment Service, and it is requested the Council give approval for the Department of Human Resources Development (HRD) to station one full-time employee in the Youth Employment Service office for a trial period through September 15, 1973, at no cost to the City and under full City supervision and control. Councilman Donald Winton discussed his conversation with an HRD representative from the Norwalk office and stated he was reassured that this will be a program, whereby all Downey call -ins would receive placement of Downey citizens first; that if the jobs cannot be filled, they would go into the Job Bank Program for call -out. Mr. Tony Maser, 9608 Downey Avenue, Downey, representing the HRD office at 12715 South Pioneer Boulevard, Norwalk, explained how the Job Bank Assistance Program would be under the control of the City. He said the space would be occupied at the pleasure of the City with the hope of joining the Youth Employment Service in providing the youth with more services in the Downey area. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to approve the request to allow the Department of Human Resources Development to station one full-time employee in the office of the Youth Employment Service on the State Job Bank Assistance Program, for the trial period through September 15, 1973, at no cost to the City and under full City supervision and control. Councilman Joseph DiLoreto requested that when this matter comes before the City Council again a full report and evaluation be submitted regarding whether the service was beneficial not only to the State but to the City. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Charles Thompson commented on Proposed Reorganization in the Finance De- partment, which would establish the following divisions of that department for the purpose of responsibility and control: 1. Financial Systems, responsible for accounting, auditing, budgeting, and financial analysis research. 2. Data Processing Systems, responsible for financial systems, design, pro- gramming, and operation and management information systems. 3. Licensing and Collections, responsible for collection of revenues and administering business licensing. 4. Procurement, which is the office of the Purchasing Agent and would also include the PBX Operator and Multilith Operator (Central Services). Mr. Thompson stated with the exception of the Financial Systems section, these are existing divisions and existing personnel would be utilized. He said if approved, it would be proposed to place the Senior Administrative Analyst into the position of Manager of Financial Systems. Mr. Thompson commented the organization would provide for an entry level and senior clerk level, which are now existing; the position of Buyer in the Procurement Division under the Purchasing Agent would be filled after the new budget year; and there would be the addition of a chief or senior accountant. Mayor Thomas Morton stated his preference to take the matter under submission for budget study purposes; that there will be changes and increases in at least one position and a change in the Table of Organization. Councilman Walter Temple commended the Finance Director for his long-range thinking and planning and stated he would not be adverse to considering this matter tonight. Council Minutes 4/9/73 -6- Mayor Morton explained it has been past policy that major changes of this nature be taken at budget time. Councilman Joseph DiLoreto remarked that a matter of reorganization should be taken up at budget session, particularly when it will have a long-range, Lasting effect. There being no objections, the matter was referred to the Budget Committee. ORAL COMMUNICATIONS Speaking to the matter of the Downey Centennial to be held in October, Mayor Thomas Morton stated he and Councilman Richard Jennings attended a meeting with approximately 60 people representing different organizations throughout the City. He said a steering committee was established, and Councilman Jennings will be representing the City Council and Mayor's office in working actively with the committee in preparing for the Centennial. Mayor Morton commented one of the things the committee will have to do is to incorporate as a non-profit organization for reasons such as execution of agreements and liability problems. He said there is the necessity for use of funds for starting -up purposes, and he concurred with a suggestion that the City Council advance $5,000 for starting the program on the basis that funds be reimbursed to the City after the fund raising program and Centennial program is complete. Councilman Richard Jennings commented that a committee meeting was held prior to the Council meeting tonight, and a motion was made to incorporate and officers were selected. He referred to the fact that the City Council of Riverside provided money in increments for its Centennial. Councilman Jennings informed the Council that the sum of $5,000 may not be the total sum of the advancement, and it may require more start-up money before any reimbursement occurs. He said it is hoped the Centennial will be a -break-even proposition, and the City of Downey will be completely reimbursed. Mayor Morton explained the attendance at the committee meeting represented a cross- section of the City. He commented that every organization was invited, and he mentioned some of the organizations attending. Mayor Morton said one of the objectives set out by the group is that the Centennial be a City-wide participation. City Attorney Royal Sorensen stated if funds are appropriated by the City Council, provision should be made for an agreement between the organization and the City, setting forth things to be done by the organization on behalf of the City and what the funds can be used for. He said the agreement should also provide that in the event the organiza- tion does obtain funds from other sources, it will reimburse the City. Councilman Donald Winton inquired if this matter can be taken under consideration by the Budget Committee. Councilman Jennings replied the start-up money would be needed prior to adoption of the budget. Councilman Jennings asked that the Council vote on setting up funds at such time as the Centennial committee presents a complete program to the Council and the appropriate contracts be entered into. Councilman Joseph DiLoreto requested deferring the allocation of funds to the next City Council meeting, at which time the committee can make a formal presentation. Discussion followed. City Manager Charles Thompson stated the allocation of funds for this purpose should be from the Fund Balance of the General Fund. Councilman Walter Temple indicated he would not be present at the next day City Council meeting. He said, however, he is in favor of observing Downey's 100th year and allocating at least $5,000 start-up money. The matter was held for the next City Council meeting. Mrs. Betty Kenley, 9028 Manzanar, Downey, addressed the City Council regarding re- tiring Acting Fire Chief Donald Warren and expressed her views. She urged the Council to ask Chief Warren to stay on as permanent Fire Chief, and she spoke of Chief Warren's loyalty to the City. Mrs. Ken Ley asked how many and who would be serving on the inter- view board for a new Chief. City Manager Charles Thompson indicated that the interview board would be as follows: (a)A.practicing Fire Chief; (b) an academician and life-long person in the field; and (c) the City Manager of Downey. Council Minutes 4/9/73 -7- Commenting on Mrs. Kenley's remarks, Councilman Joseph DiLoreto said the Council would be derelict in its duties if it gave carte blanche approval to the appointment of department heads simply because of tenure. He stated he was surprised, however, at the announcement of Chief Warren's retirement. Councilman DiLoreto mentioned that the Apartment House Survey Committee is close to submitting a final draft to the City Council. He stated from his observation it appears that the Committee will be asking the Council to provide enabling legislation to amend building codes and zoning codes in an effort to upgrade apartments. He said this will undoubtedly raise the cost of construction on an apartment house, and he spoke of his concern that there may be a rash of applications for apartment house development under the old law, assuming the Council revises its position. Councilman DiLoreto requested the Planning Director and Building Director to keep the Council advised on the status of applications and building permits in the City of Downey. Councilman Richard Jennings reported he attended the Seventh Annual Labor Relations Institute of the League of California Cities in San Francisco March 28 to 30th. He commented on the sessions held and some of the actions taken. Councilman Jennings re- ferred to discussion held regarding adjournment of Council meetings to executive session. which, he said, was contrary to his belief on the procedure involved. He asked the City Attorney for his opinion as to the procedure for adjourning Council meetings to executive session. City Attorney Royal Sorensen responded that other City Attorneys are probably evenly split in their opinion regarding adjourned meetings. He stated his recollection of the Statute on this matter and said because of the uncertainty in some of the Language, his office has taken the position that the safer procedure to follow would be to recess at either an adjourned meeting or a special meeting duly called. Mr. Sorensen commented that to do otherwise would not necessarily be wrong, but the approach mentioned is more cautious, inasmuch as it is not difficult to call a special meeting. Councilman Jennings remarked on the improvements at the Rio Hondo Golf Course. He said the driving range is open and receiving considerable play, and there is improvement work being done that was never attempted before. Councilman Jennings stated in the next six months Downey should have the finest golf course in the area. Discussion ensued regarding last month's income of the driving range and the anticipated future income. Councilman Donald Winton commented on the Paint Up, Clean Up, Fix Up Campaign commencing April 14th. He asked that Staff members in charge is inspection pay particular attention to those homes which do not comply or which do not voluntarily join in the campaign. He indicated he would be making a motion in the future for research to determine the homes that are being rented for profit and which are sub -standard to the City's codes. Councilman Winton urged the commencement of a program of an involuntary clean-up campaign beginning with homes that are commercial ventures and ending up with those of private residential. He indicated further that Downey's codes should be utilized to see that the Division of Highways maintains its homes along the proposed 105 Freeway route. Councilman Winton discussed his attendance at the League of California Cities meeting on April 5th and said the guest speaker was Joseph Busch, County Prosecutor. He stated Mr. Busch indicated'a study is in the process of being completed regarding a crackdown on the deviation and variances in law enforcement among all of the Courts and Police Departments throughout the County and detailed some of the changes expected to occur in District Attorneys' offices throughout the County. Councilman Winton said Mr. Busch also indicated in the future Superior Court cases will not be submitted on tran- script but will require additional police officers for testimony; that Cities should prepare themselves for sharing the expense for overtime and comp time of the police officers; that a pilot program will be initiated in the Cities of Pomona, San Fernando, and downtown Los Angeles; and the intent of the program is to make the District Attorneys office a more severe place to deal with for criminal law. Councilman Winton stated there was additional legislation passed on by the League and if no objections, he will submit a report to the Mayor relative to the method by which he voted; that some items will require a letter of endorsement or opposition to the bodies involved. Councilman Winton commented on the pending bills in the Legislature. Councilman Winton noted that radio station KLAC in Los Angeles will be taking the day of April 16th to salute Downey as one of the progressive Cities in the Southeast area. Council Minutes 4/9/73 -8- Councilman Winton reported on the 105 Freeway situation and the position of the Division of Highways. He said July 1980 is the anticipated completion date of the Freeway, based on current information from the Division of Highways. Public Works Director Ervin Spindel commented on the demise of former employee, Mr. Juan Hernandez, who retired two years ago. He said Mr. Hernandez has two sons who still work for the Water Division. Mr. Spindel asked the City Council to adjourn the meeting in memory of Mr. Hernandez. Acting Fire Chief Donald Warren made the following comments: "Mr. Mayor and Members of the Council, I think I should make a statement. I don't want to sound un- grateful for the expressions of Mrs. Kenley for my loyalty or my abilities, however, I want to make it very clear that I was not asked to resign. I have not been encouraged to resign. This was a personal decision, in fact, I was encouraged to be an applicant for the job. This was a personal decision between my wife and myself. We have been maintaining two homes. We have decided to move to Saugus. I think the record should be clear that this was my decision without encouragement." There being no further business to come before the City Council, the meeting was adjourned at 9:30 p.m. in memory of Juan Hernandez and adjourned to 7:00 p.m., April 17, 1973, in the Council Chambers of the Downey City Hall. ROBERT L. SHAND, CITY CLERK THOMAS H. MORTON, MAYOR Council Minutes 4/9/73 -9-