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HomeMy WebLinkAboutMinutes-06-09-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 9, 1973- T A B L E O F M I N U T E A C T I O N S SUBJECT: Presentations to Eugene Philpot, George Glenn, Cecil Parish Resolution #2821, Ordering Annexation to Downey City Lighting Dist. (Annex. 73/19) DIP #638A, Brookshire Ave., W/s S/o Otto St. - Auth. Dept. Comm. Dev. to proceed Minutes: June 26, 1973 and Correction of June 11, 1973 Comm. re Bicentennial Communities Program Comm. from Downey Chamber of Comm. re Quarterly Report d Request for Quarterly Fund Payment Legal Claims (information only) Ref. #114, Donna Ruth Roberts Ref. #115, Mary Mottola Ordinance #437, Amending Sections of DMC d Adding Section re Removal of Abandoned Vehicles Ordinance #438, Amending Sections DMC re Special Equipment Fund Resolution #2822, Supporting Concept of Regional Transportation Study within Cities Cerritos Comm. College Dist. Resolution #2823, Approving Appointment of John Kitley to Parking Place Comm. Resolution #2824, Approving Appointment of Mrs. Leona Aldridge to Parks & Rec. Comm. Resolution #2825, Approving Appointment of Irving E. Rosen to Water Board Resolution #2826, Approving Appointment of William L. Greene to Planning Comm. Resolution #2827, to Adopt Joint Powers Agmt. bet. Montebello and Downey Payroll Warrants #06478 - #07015 General Warrants #25792 - #26049 CC #329, Via Amorita, Old River School Rd. to Sherry Ave. - Plans, specs, authority to advertise CC #SS-258, Paramount Blvd; Gardendale St. to Imperial Hwy, Seventh St. to Florence Ave. - Award of contract ACTION: Adopted Approved Approved Referred to City Manager Approved No action Adopted Adopted Adopted Adopted Adopted Adopted Adopted Adopted Approved Approved Approved CC #319, Unit 1 d 2, Irwingrove Dr. $ Quill Dr. - Acceptance of improvementsApproved Miscellaneous Special Lot Cleaning Approved Page 1 of 2 PAGE NO. 1 1 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 COUNCIL MINUTES JULY 91 1973 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Resolution #2828, Approving Final Subdivision Map, Tr #31365, Apprvg. Agmt. with Subdividers & Accptnc of Letter of Credit for Cash on Deposit (Stewart & Gray Rd. W/o 0ld River School Rd.) Adopted Subdivision, Tr #31365 - Park Fees Pedestrian Safety Study Apartment House, 9367 Washburn Crossing Road CC #336, Wilderness Park, Security Lighting System - Authority to advertise City -Wide Commercial/Cultural Promotional Support for Fiscal Year 1973-74 Christmas Parade - $2,500 Chamber of Commerce - Allocation of $9,000 Sidewalk Matching Fund Policy - Amend policy to exclude R-2 properties Santa Ana Freeway at Paramount Blvd. - Petition of property owners requesting block wall be constructed by State Div. Hwys. Approved Taken under submission for add►1 studies requested Approved as recommended Approved Approved with exception of Chamber of Comm. & Christmas Parade Approved Approved Motion failed Received & filed -, Route 42-Century Interstate 105-Norwalk Freeway - Instruct City Attorney to proceed to initiate study & legal proceedings necessary to carry out gen. inport of Councilman Winton's recommendations Approved Page 2 of 2 PAGE NO. 6 6 6 7 7 7 8 8 9 9 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 99 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., July 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation William A. Coggin, City Planner Ray Lake, Building Official Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Police Chief Loren Morgan, followed by the Invocation delivered by Councilman Walter Temple. On 'behalf of the City Council, Mayor Thomas Morton presented plaques to the following citizens and expressed appreciation to each for their services to the City of Downey: Mr. Eugene Philpot, Water Board, serving from June 9, 1969 to June 30, 1973. Mr. George Glenn, Planning Commission, serving from July 14, 1969 to June 30, 1973. Mr. Cecil Parish, Parking Place Commission, serving from May 26, 1970 to June 30, 1973. Mayor Morton introduced former Mayor, Mr. Scott Temple and Mrs. Temple. Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 73/19. He inquired if City Clerk Robert Shand had the Affidavit of Posting of Notice and Affidavit of Publication, to which Mr. SfIand responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in protest to the Annexation, 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 Downey City Lighting District Annexation 73/19. RESOLUTION NO. 2821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 73/19) The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, 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. 2821. Council Minutes 7/9/73 -1- 1 18 �-- 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 Downey Improvement Project No. 638A, Brookshire Avenue, West side, South of Otto Street. He inquired if City Clerk Robert Shand had the Affidavit of Posting of Notice and Affidavit of Mailing, to which Mr. 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 if the City Clerk had received any written protests or objections against the improvements, and the City Clerk replied he had not. Mr. Ervin Spindel Director of Community Development, reported the improvements in- clude construction of curbs, gutters, sidewalks, and driveway apron at an estimated cost of $1400. He said the improvements are necessary to correct a serious drainage condition on the west side of Brookshire south of Otto Street. 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 in protest to the improvements, and there was no response. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, and so ordered to close the hearing on Downey Improvement Project No. 638A, Brookshire Avenue, West side, South of Otto Street. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Community Development to proceed with the construction of improvements on Downey Improvement Project No. 638A, Brookshire Avenue, West side, South of Otto Street. 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 so ordered to approve the Minutes of the City Council Meeting of June 26, 1973 and the Correction to Minutes of the City Council Meeting of June 11, 1973. Communication from American Revolution Bicentennial Commission, Washington, D. C., regarding Bicentennial Communities Program. It was noted the Downey Jaycees had con- tacted the Mayor's office regarding the Bicentennial. After discussion and there being no objections, the matter was referred to the City Manager for contacting the Downey Junior Chamber of Commerce. Communication from Downey Chamber of Commerce regarding Quarterly Report of Activities and Request for Quarterly Fund Payment. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the Quarterly Report and Request of the Downey Chamber of Commerce. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from Downey Rose Float Association regarding Cash Analysis. Ordered filed. The City Manager indicated a final check in the amount appropriated has been disbursed to the Rose Float Association. Communication from Councilman Walter Temple regarding Resignation of Mr. Gerald Osborn from the Health and Sanitation Committee. Ordered filed. A letter of apprecia- tion will be sent by Councilman Temple. Council Minutes 7/9/73 -z- LEGAL CLAIMS (for information only) Ref. #114, Donna Ruth Roberts Ref. #115, Mary Mottola ORDINANCE NO. 437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 5401, 5407, 5408, 5409, 5410, 5411, 5412, 5413 AND 5414 OF THE DOWNEY MUNICIPAL CODE AND ADDING A NEW SECTION TO BE DESIGNATED SECTION 5415, ALL OF WHICH SECTIONS RELATE TO THE REMOVAL OF ABANDONED VEHICLES The Ordinance 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 Ordinance No, 437. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 25039 2503.1 AND 2503.2 OF THE DOWNEY MUNICIPAL CODE RELATING TO A SPECIAL EQUIPMENT FUND The Ordinance 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 Ordinance No. 438. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE CONCEPT OF A REGIONAL TRANSPORTATION STUDY WITHIN THOSE CITIES REPRESENTED BY THE CERRITOS COMMUNITY COLLEGE DISTRICT 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. 2822. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOHN KITLEY TO THE PARKING PLACE COMMISSION 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. 2823. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/9/73 -3- RESOLUTION NO. 2824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. LEONA ALDRIDGE AS A MEMBER OF THE PARKS AND RECREATION COMMISSION The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, 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. 2824. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF IRVING E. ROSEN AS A MEMBER OF THE WATER BOARD 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 Joseph DiLoreto, and passed by the following vote to adopt Resolution No. 2825. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF WILLIAM L. GREENE TO THE PLANNING COMMISSION 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. 2826. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO ADOPT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND THE CITY OF DOWNEY 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. 2827. 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 #06478 through #07015, $233,999.36, and General Warrants #25792 through #26049, $3972721.42. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/9/73 -4- �g aEa-4 It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #329, Via Amorita, Old River School Road to Sherry Avenue. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to award Cash Contract #SS-258, Paramount Boulevard; Gardendale Street to Imperial Highway, Seventh Street to Florence Avenue, in the amount of the unit prices bid, to Copp Paving Co., Inc., of Artesia, the Lowest and best bidder, for construction of street improvements as provided for in the subject contract, and increase the scope to include the portion from Irwingrove Drive to Florence Avenue. 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 Donald Winton, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #319, Unit 1 and 2, Irwingrove Drive and Quill Drive, and the responsibility of maintenance thereof; and approve extra work in the amount of $1,955.77. 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 authorize the Department of Public Works to proceed with Miscellaneous Special Lot Cleaning at an estimated cost of $1,756.00 at designated locations. Mr. Ervin Spindel, Director of Community Development, indicated the property owners will be given ten days in which to perform the work themselves; that if a property owner does not comply, the City will do the work and the assessment will be placed on the pro- perty owners tax roll for one year. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 31365 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT FOR CASH ON DEPOSIT IN LIEU OF SURETY BONDS (STEWART AND GRAY ROAD WEST OF OLD RIVER SCHOOL ROAD) The Resolution was read by title only. City Planner William Coggin explained the Subdivision Ordinance would have to be applied to this Planned Unit Development (P.U.D.) inasmuch as it is a tentative tract, and he pointed out that in a P.U.D. a developer provides recreational areas with swimming pools, jacuzzi pools, and recreation center. He said it is recommended the developer be given credit for supplying physical exercise areas which would supplement park areas, and it is further recommended the developer be given credit for 6186 square feet which will supply recreation facilities for the 74 residences. Mr. Coggin stated when the Code was written, condominiums and P.U.D.'s did not exist and, therefore, the present Code has to be modified to apply. Discussion followed. Mr. Coggin answered questions of the City Council, Councilman Joseph DiLoreto asked if this matter could be taken under submission. Mr. Coggin explained the developer is requesting approval of the tract so that building permits can be issued; that until a tract is recorded, building permits for construction cannot be signed off. Council Minutes 7/9/73 -5- 0 :�.3a 2, Councilman DiLoreto asked if it is possible to approve the permit contingent upon the Council approving the fee. City Attorney Royal Sorensen replied the Ordinance pro- vides where fees are required the same shall be deposited with the City prior to approval of the final tract map. Mr. Goggin stated the developer is present and willing to set a fee of $175. per unit for a total of $12,950. Further discussion ensued. Mayor Thomas Morton asked the developer if he would be agreeable to the figure set at $175. per unit. The developer, Mr. Jim D'Alessandro, 11607 Paramount Boulevard, Downey, indicated he is in complete accord. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote that the Council finds the private open space for park and recreational purposes within the proposed Subdivision Tract No. 31365, should be credited and that the provisions of the Code will be met by allowing such credit and the payment of the fee in the amount of $175. per unit. Councilman Richard Jennings stated due to his connection with the subdivider he will abstain from voting on this matter. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Jennings It was indicated by Councilman Jennings that he has been doing consulting work for the subdivider on a contractual basis and is not interested in this subdivision as such. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading of Resolution No. 2828. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2828. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Jennings Councilman Donald Winton requested the Pedestrian Safety Study be held inasmuch as he has not completed his studies as yet, and he has seen areas in which he may wish to add more sidewalks. Councilman Richard Jennings requested when this matter is presented again to the Council that the Council receive a study of pedestrian accidents due to lack of side- walks, their Location, number, and date, as well as the cost to the City of Downey for Phase 1, Phase 2, and Phase 3 of this report. Councilman Walter Temple suggested it might be advantageous if the schools and parks were shown on the map. There being no objections, the matter was taken under submission for the additional studies requested. With the assistance of former Mayor and Councilman Scott Temple, Mayor Thomas Morton welcomed visiting students from Downey's Sister City of Guadalajara and presented cards to the students designating each as an Honorary Citizen of Downey. City Planner William Goggin described to the Council the ground elevation layout of a proposed Apartment House at 9367 Washburn Crossing Road, which consists of four townhouse units and two garage units. He stated the applicant has indicated he can meet all of the recommendations of the Apartment House Committee. Mr. Goggin said if Council approves the apartment house he would recommend the following conditions: That it be in conformance with the Downey Municipal Code and in compliance with applicable sections of the Apartment House Committee's - recommendations; and, if any of the open spaces are to be used for storing recreational vehicles, campers and trailers, they shall be screened -off to the satisfaction of the City Planner. Council Minutes 7/9/73 -6- It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the Apartment House at 9367 Washburn Crossing Road, as recommended. Councilman Richard Jennings asked about off-street guest parking. Mr. Goggin replied there are two off-street parking spaces for guests. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #336, Wilderness Park, Security Lighting System City Manager Charles Thompson presented plans for security lighting at Wilderness Park. He requested Council authorization to secure bids on the project and stated funds have been approved in the Budget. Mr. Thompson noted further that the engineer's estimate is below the budgeted amount. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to advertise for bids on Cash Contract #336, Wilderness Park, Security Lighting System. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None CITY MANAGER'S REPORT City Manager Charles Thompson reported on the City -Wide Commercial/Cultural Promotional Support for the fiscal year 1973-74, which he said includesthe same groups supported in the past, and the recommended amounts are in conformance with previous years. He noted there are a few exceptions with the changes being relatively small, and they have been recommended either by the Parks & Recreation Commission or have been previously reviewed. Mr. Thompson explained the $3,000.recommended by the Parks & Recreation Commission - for the Christmas Parade was due to increases in the size of the parade, the number of additional judges, increased cost for the band, and transportation for vehicles used in the parade. He said it has been brought to his attention by Councilman Temple that the Christmas Parade organization had shown a $511. balance as of January 31st of this year. Discussion followed. Councilman Walter Temple indicated the Christmas Parade program appropriation should be reduced to $2,500. in view of the $500. surplus from last year. Councilman Joseph DiLoreto pointed out the Chamber of Commerce has been actively engaged in increasing business and employment in the City, it has participated in almost every civic project, and it's membership has been actively involved in every aspect of community affairs. He spoke in favor of increasing the amount of the recommended alloca- tion from $6,000. to $8,000. or $9,000., based upon the quality of work demonstrated by the Chamber within the last year. Councilman Donald Winton concurred with Councilman DiLoreto and stated for the first time since he has been on the City Council an increase for the Chamber of Commerce would be justified. Responding to a question by Councilman Richard Jennings, Mr. Thompson indicated there has been no request received from the merchant groups regarding Christmas Lighting, however, the Special Projects activity could accommodate an appropriation for Christmas Lighting at a later time. He noted that the request is usually submitted around the 1st of November. It was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt the City -Wide Commercial/Cultural and Promotional Support Programs, with the exception of the Chamber of Commerce and Christmas Parade, as recommended for 1973-74. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 7/9/73 -7- 9 It was moved by Councilman Richard Jennings to adopt the Budget for the Commerce and Christmas Parade for City -Wide Commercial/Cultural and Promotio for 1973-74, as recommended. Motion died for lack of a second_: It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote that the Christmas Parade request should be $2,5000 rather than $3,000., as recommended. AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton NOES: 1 Councilmen: Jennings 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 allocation for the Chamber of Commerce in the amount of $9,000. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Winton NOES: 1 Councilmen: Morton ABSENT: 0 Councilmen: None ORAL COMMUNICATIONS Mr. Bruce Watson, 7326 Neo Street, Downey, suggested the City of Downey enter into discussions with its neighboring cities to create an Intercommunity Transit System, Mr. Watson further spoke regarding Consolidation of City Council and School Board Elections. Mr, Jim D'Alessandro, 11607 Paramount Boulevard, Downey, addressed the Council regarding Planned Unit Development #1 in the City of Downey and stated it is a walled city concept with an existing chain link fence between the development, a junior high school, and a golf course. He said he would prefer to let the chain link fence remain inasmuch as a masonry wall would block a beautiful view, and he asked the Council for its opinion. Mayor Thomas Morton asked Mr. D'Alessandro to submit any request for review to the Planning Department, which will then go before the Commission and then to the Council. Mr. Roy Harris, 12841 Adenmoor Avenue, Downey, asked whether the contract between the City and State Highway Department on the 105 Freeway is a legal binding contract. City Attorney Royal Sorensen explained the Court has not passed upon the legality or validity of the contract as such, however, the Court has issued an injunction direct- ing the State not to do certain things without Court permissiont one of which is to not remove structures. Mr. Harris described conditions that exist in the Freeway area. Mayor Morton advised Mr. Harris that the City Attorney has been instructed to stay on top of this matter. Discussion followed. Clarifying his request on the Pedestrian Safety Study, Councilman Richard Jennings said his request was for the cost of Phases 1 through 3 and that the map also show accidents to pedestrians directly responsible to the lack of sidewalks. City Manager Charles Thompson replied statistics can be given on pedestrian acci- dents occuring in areas where there are no sidewalks and where sidewalks could not be utilized, but it would be difficult to determine that an accident occurred simply because there was not a sidewalk. Councilman Walter Temple pointed out that on the Pedestrian Safety Study there is no indication of sidewalks and many of the areas have sidewalks. Speaking to the matter of the Council policy of allowing Sidewalk Matching Funds for R-1 and R-2 properties, Councilman Walter Temple indicated he would like tb,have the policy changed to exclude R-2, inasmuch as it is income property. It was moved by Councilman Walter Temple and seconded by Councilman Donald Winton that R-2 properties be excluded from the policy on Sidewalk Matching Funds and that the Sidewalk Matching Funds be provided for R-1 properties only. Council Minutes 7/9/73 -8- Discussion followed. AYES: 2 Councilmen: NOES: 3 Councilmen: ABSENT: 0 Councilmen: Motion failed. Temple, Winton DiLoreto, Jennings, Morton None Mayor Thomas Morton pointed out the original purpose of the Sidewalk Matching Funds was to provide access for children particularly to schools. He indicated there are many residential streets in the City where R-1 properties are intermingled with R-2. Councilman Walter Temple referred to the northbound acceleration lane on the Santa Ana Freeway at Paramount Boulevard and noted the Freeway was widened at this point by the State Division of Highways; that all the shrubbery was removed between the fence and the Freeway. He said the citizens in the area north of the Freeway circulated a petition and mailed it to the State Division of Highways. Copies of the petition were presented to the City Council and a copy is on file in the office of the City Clerk. Councilman Temple indicated the citizens are concerned for the health and safety of their children and are requesting the State Division of Highways to construct a block wall similar to the wall east of Paramount on the south side of the Freeway. He requested the City Council to receive the petition and have the State comply with the citizens' request. City Manager Charles Thompson said the State has acknowledged receipt of the petition and expects to reply by the end of this month. Discussion followed. Mayor Thomas Morton ordered the petition received and filed. Mayor Morton declared a recess at 9:22 p.m. The meeting resumed at 9:35 p.m. with all Councilmen present. Councilman Donald Winton presented to the Council a written report on the proposed Route 42-Century Interstate 105-Norwalk Freeway. For the benefit of Councilmen Temple and DiLoreto he reviewed the history of the proposed Freeway, which has been before the Council since April, 1958. Councilman Winton described the Freeway area and the unsani- tary conditions that now exist and stated the vacated homes are being rented without benefit of inspection. It was moved by Councilman Donald Winton that the Council act immediately on the following recommendations: (See motion as restated on Page 10) 1. Authorize the City Attorney to file an appeal to oppose the rental of State-owned units (if present appeal fails). 2. Immediately upon delivery of Staff estimates for repairs to all State- owned properties, establish a deadline for a court decision to remove the dwellings after which, failing a favorable decision for removal, authorize the Staff to prepare for bid contracts to repair to City Code, or to the condition they were in when purchased, all properties in violation of the Performance Agreement. 3. Prepare and bill the State for all City services rendered for the past 22 months and project future billings for services predicated on the effects of the adjoining contiguous area. 4. Establish a July date for a field trip, requesting the presence of all Council, appropriate Staff and every State Legislator elected to represent Downey. 5. Demand from the State payment for five fulltime security personnel at night and additional maintenance supervision for all State properties. 6. Demand payment from the State for all educational services rendered without compensation to the Downey Unified School system. Council Minutes 7/9/73 -9- 7. Establish direct communication in person, if necessary, with the Federal Secretary of Transportation to determine exactly what deadline exists as of this date relative to completionfor funding of the 105 Freeway. 8. If, in fact, it is determined completion of this project will be delayed until 1982 or 1983, and immediately after removal of all State-owned structures, if so ruled by the courts, cancel the Street Closing Agreement due to a thousand -fold violations of the Performance Agreement and peti- tion our State Representatives to sponsor a bill deleting that portion of the 105 Interstate Freeway through Downey from the State Plan of Highways and Freeways. Councilman Winton referred to the fact that when the Street Closing Agreement was signed in 1971 a representative of the State Division of Highways indicated 1977 would be the completion date for the Freeway and in 1972 indicated it would be completed in 1982. The motion was seconded by Councilman Walter Temple. It was noted the City joined in an appeal to the present Federal Court Injunction. The Council and City Attorney discussed filing an independent appeal. City Attorney Royal Sorensen explained the City could seek performance of portions of the agreement, however, provisions of the agreement requiring the State not to re -rent those structures acquired and to remove all structures within 120 days after date of acquisition, or as soon as they become vacant, whichever occurs first, are specifically enjoined in the Federal Court Injunction. He said other provisions pertaining to clean- ing the premises and bringing them up to Code could be enforced. Councilman Winton stated he is in line with the action to submit to the State in relation to Judge Pregerson's Order a list of homes which cannot be brought up to par for the amount established. Further discussion ensued. Councilman Joseph DiLoreto asked about presenting testimonial proof as opposed to affidavits so that the Court might have additional information. Mr. Sorensen said it would be his intention to have oral testimony available. Mayor Thomas Morton recommended submitting photographs of the interior of the homes. Councilman Winton asked about the method for finding out what allocations of Federal funding have been granted for the Freeway. Mayor Morton suggested the City Council autho- rize sending one Councilman to Washington, D.C. to obtain the information first-hand. Mr. Sorensen indicated the 20th of this month will be the last day the Court will sit until the Loth of September. He said it was his thought to have this matter pre- pared and presented for hearing by July 20th, however, it is unlikely this matter can be prepared in sufficient detail to be effective if it has to be prepared in a hurry. Mayor Morton asked if the import of Councilman Winton's motion was to instruct the City Attorney to proceed along the lines just discussed. Councilman Winton said yes, with the eight items in mind and any suggestions. The motion was discussed and restated by the City Attorney as follows: To instruct the City Attorney to proceed to initiate such study and legal proceedings as may be necessary to carry out the general import of Councilman Winton's recommendations. Roll call vote: AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman DiLoreto asked if one of the remedies to be considered is the specific performance in the agreement that relates directly to the maintenance of the property. Mr. Sorensen said Yes. There being no further business to come before the City Council, the meeting was adjourned at 10:`5500 p.m. & AI ROBERT L. SHAND,'CITY CLERK THOMAS H. MORTON, MAYOR Council Minutes 7/9/73 -10-