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HomeMy WebLinkAboutMinutes-08-13-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 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. Resolution #2837, Ordering Assessment as Lien against Property 10200 Paramount Blvd., Underground Utility Dist, #4 Adopted 1 D.I.P. #636, Koopman Ave. & Pivot St. - Auth. Dept. Community Development to proceed with construction Approved 3 D.I.P. #636, Koopman Ave. & Pivot St. - No allocation of cost at this time; review of prior pavement; schedule later meeting re cost Approved 3 Minutes, July 24, 1973 Approved 3 Application of General Telephone Co. for Ref. to Asst. City Manager for rate increase letter in protest 3 Comm. from John Closs re Resignation from Civil Defense Advisory Comm. Ordered filed 4 Comm. from Downey Comm. Hosp. re Apptmt. of Mrs. Jordan Phillips as Hosp. Foundation Rep. to Second Century Foundation Ordered filed 4 Legal Claims (information only) Ref. #120, Beverly Boand Jones No action 4 Legal Claims (for Council action) Ref. #118, Auto Club for Karl B. Radde Rejected 4 Ref. #119, Osby Ray Conner Rejected 4 Comm. from Edith Chambers re Traffic Accident Ref. to Traffic Committee Problems on corner of Cecilia and Casanes for Study 4 Comm, from Robert Vollmer re Noise Problem on Phlox St. Taken under submission 4 Ordinance #439 (Emergency), Amending Ord. #435 Adopted; City Manager's office re Prohibition of Const, of Apartment B1dgs. directed to report on status 4 of work by V.T.N. next meeting Resolution #2838, Prohibiting Parking Cart. Times Once Week B/sides Cole bet. Downey & Gurley for Street Cleaning Adopted 5 Resolution Establishing 2-hr. Parking Restr. Failed for motion to adopt; bet. 7am & 6pm Excptg. Sat, Sun, & Holidays, Cn. Temple suggested review of B/sides Woodruff from Stewart & Gray to Washburn painting curbs 6 Resolution #2839, Restricting Parking Cert. Places, Cert. Times on Imperial Hwy. Adopted 6 Resolution #2840, Adopting 1973 Issue of Standard Specs for Public Works Const. Adopted 6 Resolution #2841, Approving Appointment of Thomas H. Morton as member of Downey 2nd Century Foundation, Inc. Adopted 6 Resolution #2842, Approving Appointment of Richard M. Jennings as Member of Downey 2nd Century Foundation, Inc. Adopted 6 Page 1 of 2 COUNCIL MINUTES AUGUST 13, 1973 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Resolution #2843, Approving Appointment of Charles W. Thompson as Member of Downey 2nd Century Foundation, Inc. Adopted Resolution #2844, Reappointing Marzella C. Brumley to Parking Place Commission Adopted General Warrants #26214 - 26455 Approved CC #336, Wilderness Park Security Lighting - Award of contract Approved CC #329, Via Amorita, Old River School Rd. to Sherry Ave. - Award of contract Approved CC #332, Wilderness Park Fine Grading - Acceptance of improvements Approved CC #SS-258, Paramount Blvd., Gardendale St. to Imperial Hwy., Seventh St, to Florence Ave., Storm Drain Extension - Const. of extension in Paramount Blvd. from Seventh to Harper (Addendum) Approved CC #SS-278, Alameda St. - Plans, specs, d authority to advertise Approved Residential Rubbish Rates, Zones I and II; revised specifications; authorize Mayor to sign Agreement Approved Public Hearing on Interim Ordinances re Const. of Apartment Houses and Conversion of Apartments to Condominiums Set for 8/28/73 Page 2 of 2 PAGE NO. 7 7 7 7 7 7 8 8 8 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 1973 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 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, Thomas H. Morton Absent: Donald H. Winton ALSO PRESENT: Donald B. Robison, Assistant City Manager Mark C. Allen, Jr., Acting 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 Invocation was delivered by Councilman Walter Temple, followed by the Flag Salute led by Assistant City Manager Donald. Robison. Mr. Carl Hoelscher, Vice president of the Tournament of Roses Association, pre- sented to Mayor Thomas Morton, on behalf of the City Council, a color photograph of Downey"s entry in the 1973 Tournament of Roses Parade. With the assistance of Mayor Morton, Police Chief Loren Morgan presented awards to Roy Walters and Gary Rasmussen for their heroic action on July 6th in notifying the Police Department that a burglary bad taken place and identifying the suspects. On 'behalf of the City Council, Mayor Morton commended Roy Walters and Gary Rasmussen. Mayor Morton advised that Mrs. Eileen Schilling will be observing the City Council meetings as the new representative of the League of Women Voters. Mayor Thomas Morton declared that this is the time and place for the public hearing on Assessment of Lien against Property Located at 10200 Paramount Boulevard, known as earcel No. iy of Underground Utility District No. 4, Paramount Boulevard. He inquired if City Clerk Robert Shand had the Affidavit of Mailing of Notices, to which Mr. Shand responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Richard Jennings, and so ordered to receive and file the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or objections against the assessment, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in protest to the assessment, and there was no response. It was moved by Councilman Walter Temple, seconded by Councilman Richard Jennings, and so ordered to close the hearing. RESOLUTION NO. 2837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ASSESSMENT OF THE $1720.00 AS A LIEN AGAINST, THE PROPERTY LOCATED AT 10200 PARAMOUNT BOULEVARD KNOWN AS PARCEL NO. 19 OF UNDERGROUND UTILITY DISTRICT NO. 4 PARAMOUNT BOULEVARD 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. Council Minutes 8/13/73 -1- It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2837. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No. 636, Koopman Avenue and Pivot Street. He inquired if City Clerk Robert Shand had the Affidavit of Posting of Notice and Mailing, to which Mr. Shand responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to receive and file the Affidavit. Mayor Morton inquired if the City Clerk had received any written protests or ob- jections against the improvements, and the City Clerk replied he had not. Community Development Director Ervin Spindel reported on the work to be performed and advised that a new map with revised estimates based on current prices has been distributed to the Council. He said all of the property owners have been informed of the new estimates. It was moved by Councilman Joseph DiLoreto, 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. Mr. Dick Raabe, 10727 Downey Avenue, owner of property at 8117 Phlox St., repre- senting other property owners involved, indicated Pivot Street is an access road and that the paving of Pivot would be beneficial only to a select few. He mentioned when the City accepted the dedication of the street it was in a paved condition and that the street should have been maintained. Mr. Raabe said the property owners on Phlox Street, whose properties front onto Phlox but back up to Pivot, will not benefit in any way from the improvements and it will increase their taxes. He stated if the Council approves this matter he would request the Council grant to the property owners the privilege of splitting their lots, which would give them frontage on Phlox and Pivot. Mr. Raabe requested time for rebuttal. Mr. Raabe commented he represents property owners at 8107, 8121, and 8113 Phlox S tree t. Mr. George Cade, President of Downey Welding and Manufacturing, stated when Koopman Avenue was dedicated and accepted in 1940, it was brought up to County standards. He said the deterioration of the street is the result of a drainage problem, and he re- quested matching funds. Responding to a question by Mayor Morton, Mr. Spindel stated inasmuch as Koopman Avenue was a dedicated street and there was a center strip of paving on the street, matching funds have been recommended; that Pivot Street has never been paved and, therefore, based on previous policies, the entire cost of the improvement would be assessed to the property owners. He commented the City is paying for all engineering costs on this project. Mayor Morton asked about the City paying for the improvement on Pivot Street with the assessment to the property owners on Phlox Street coming into being when and if they take access onto Pivot. Mr. Spindel explained the property owners are allowed to take access onto Pivot Street because there is no prohibition for taking access. Also, he said, these costs are estimates and the final costs will be based on actual bids, with another hearing held on the assessment of costs after the work is done. Discussion followed. It was noted by Mr. Spindel that another portion of Pivot Street was paved and paid for by the property owners. He indicated Koopman Avenue will have to reconstructed, inasmuch as the original paving cannot be salvaged. In answer to questions regarding the recommendation of matching funds, Mr. Spindel stated at a meeting the property owners indicated their desire for Chapter 27 proceedings in order to spread the cost of the assessment over ten years. Council Minutes 8/13/73 -2- Mayor Morton asked about the City's responsibility for maintaining Koopman Street to standards since incorporation. Mr. Spindel explained at the time of incorporation the street was already in bad shape and because of the grade it collects water, which has to be pumped out in the winter time. Further discussion ensued. Mr. Raabe presented two photographs showing paving on Pivot Street and stated at one time Pivot was a residential street; that when the street turned to industrial it could not stand the impact of heavy trucks and equipment, thus causing deterioration. He commented that on the Cost Estimate of Materials pertaining to A.C. paving, 15 tons would be more than adequate, rather than the 29 tons as estimated. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing. Councilman Richard Jennings stated he attended the preliminary hearing, and it was his impression that the majority of the people were in favor of the project; now it appears there are four property owners against it. He recommended a review of the City's responsibility in this matter prior to assessing the property owners, and he urged continuance of the project. Mr. Spindel indicated a search of the County records has been made, and there are no records of any paving on Pivot Street installed by the County, nor is there any record of paving put in under permit or by the City. He said a consensus of the pro- perty owners indicated they were in favor. Councilman DiLoreto proposed a motion to instigate improvement proceedings. Upon advice of the Acting City Attorney, the motion was revised into two separate parts. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Community Development to proceed with construction of Downey Improvement Project No. 636, Koopman Avenue and Pivot Street. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Joseph DiLoreto, seconded by Councilman Richard Jennings, and passed by the following vote that no allocation of cost or contribution be made at this time on Downey Improvement Project No. 636, Koopman Avenue and Pivot Street, and that the Director of Community Development be instructed to review com- pletely what pavement did in fact exist prior to this improvement district, and if it means contacting the individual property owners to ascertain that fact if the records are unclear, then he do so, and that another meeting be scheduled at a later date to determine exactly how the cost will be borne based upon that information. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Joseph DiLoreto, seconded by Councilman Richard Jennings, and so ordered to approve the Minutes of the City Council Meeting of July 24, 1973. Communication from American Petrofina Exploration Company regarding Surrender of Gas Lease. So ordered to receive and file. Communication from Public Utilities Commission regarding Application of General Telephone Company for authority to increase rates and charges for telephone service. Referred to the Assistant City Manager for preparation of a letter in protest to the proposed rate increase. Communication from Public Utilities Commission regarding Application of California Water Comoanv for an order authorizine increase on Julv 1. 1973 o Communication from United Drill Bushing Corp. regarding Proposed Two -Hour Parking Restriction on Woodruff Avenue. It was moved by Councilman Richard Jennings and so ordered to hold the communication until item E-2 is presented under Resolutions. Council Minutes 8/13/73 -3- Communication from John Closs regarding Resignation from Civil Defense Advisory Committee. Ordered filed. Councilman Walter Temple to send letter of appreciation. Communication from Congressman Jerome Waldie regarding Visitation to Downey. Ordered filed. Communication from Downey Community Hospital regarding LEGAL CLAIMS (for information only) Ref. #120, Beverly Boand Jones LEGAL CLAIMS (for Council action) Ref. #118, Automobile Club of Southern California, Subrogee of Karl B. Radde Ref. #119, Osby Ray Conner It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to reject the legal claim of Automobile Club of Southern California Subrogee of Karl B. Radde (Ref. #118), and forward it to the insurance carrier. It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to reject the legal claim of Osby Ray Conner (Ref. #119), and refer it to the insurance carrier. Communication to Traffic Engineer from Edith Chambers regarding Traffic Accident problems on Corner of Cecilia and Casanes, with attached petition. Referred to the Traffic Committee for study. Communication from Robert Vollmer regarding Noise Problem on Phlox Street. City Planner William Goggin indicated the company involved was contacted and has agreed to cooperate. He said the business is a steel fabricating plant at the corner of Koopman and Phlox and is legal under the zoning ordinance in an M-2 zone. He stated Mr. Vollmer lives approximately one-half block east of Koopman Avenue on the south side of Phlox Street and lives in a residence on property zoned M-1 as a legal non -conforming occupancy. Mr. Goggin commented on the previous zoning of the property and indicated he has not had an opportunity to check the County zoning maps for reference as to exact dates the property was zoned. Councilman Walter Temple mentioned the noise carries and complaints have been re- ceived from properties several blocks away. He spoke of the ever increasing need for a noise ordinance and method of measuring noises. At the request of Councilman Richard Jennings, it was so ordered to take the matter under submission. ORDINANCE NO. 439 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ORDINANCE NO. 435 WHICH SAID ORDINANCE RELATES TO THE PROHIBITION OF CONSTRUCTION OF APARTMENT BUILDINGS The Ordinance was read in its entirety by the City Clerk It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt emergency Ordinance No. 439. Discussion was held regarding the memorandum attached to the Ordinance. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Clarifying his "aye" vote, Councilman Jennings stated his vote is with the proviso that at the end of the effective term of this ordinance the Council have before it something of a permanent nature as a result of the Apartment House Study Committee and not continue the emergency ordinance on and on. Council Minutes 8/13/73 -4- Mr. Goggin explained the emergency ordinance is for temporary control; the next step would be the adoption of an interim ordinance effective for eight months. He in- dicated the City has contracted with V.T.N , who is preparing the zoning ordinance, which will adopt recommendations suggested by the Apartment House Committee. Discussion followed regarding the City's contract with V.T.N., and it was noted V.T.N. is to have the ordinance completed and in final form by October 1973. Councilman Richard Jennings suggested V.T.N. is in violation of the contract if the ordinance is not completed by October. The Council discussed V.T.N.'s responsibility under the contract. Answering questions of the City Council, Mr. Goggin said V.T.N. will be requested to include in the ordinance the recommendations of the Apartment House Committee. He explained at this stage, V.T.N. is preparing its concept and proposal for review with input provided by the City. Mr. Goggin stated the zoning ordinance will be conclusive of all zones and will involve, completely rewriting the Code. The City Manager's office was directed to provide the Council at its next morning meeting with a status report on the work being performed by V.T.N. under the contract and also a review of the contract with V.T.N. RESOLUTION NO. 2838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON BOTH SIDES OF COLE STREET BETWEEN DOWNEY AVENUE AND GURLEY AVENUE FOR STREET CLEANING 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. 2838. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO HOUR PARKING RESTRICTION BETWEEN 7 AM AND 6 PM EXCEPTING SATURDAY, SUNDAY AND HOLIDAYS ON BOTH SIDES OF WOODRUFF AVENUE FROM STEWART AND GRAY ROAD TO WASHBURN ROAD The Resolution was read by title only. Speaking to the matter of a communication from United Drill Bushing Corp., Community Development Director Ervin Spindel explained the corporation has 80 employees and only 17 parking spaces. He said one of the problems is the hazard of employees jaywalking across Woodruff Avenue; the other problem is impaired visibility for vehicles leaving the driveway, while at the same time other vehicles are pulling away from the curb. Discussion followed. Councilman Joseph DiLoreto commented the parking on Woodruff can be accommodated without creating any difficulty in the flow of traffic, and it is his opinion the passing of this resolution will not prevent jaywalking. He said there is an obvious need for parking on the street to accommodate employees and people coming in during business hours, and inasmuch as it is a wide street, the parking does not create a traffic problem. Further discussion ensued regarding where the employees would have to park. Councilman Walter Temple suggested painting the curb 151 each side of the driveway as a possible solution. Council Minutes 8/13/73 -5- v12 It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and so ordered to waive further reading. Resolution failed for want of a motion to adopt. Councilman Temple suggested the Traffic Engineer and Traffic Committee review the area and consider putting in red lines on curbs to eliminate part of the problem. RESOLUTION NO. 2839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING PARKING IN CERTAIN PLACES AT CERTAIN TIMES ON IMPERIAL HIGHWAY - The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, 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. 2839. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE 1973 ISSUE OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, PUBLISHED BY THE AMERI- CAN PUBLIC WORKS ASSOCIATION AND THE ASSOCIATED GENERAL CONTRACTORS, FOR PUBLIC WORKS CONSTRUCTION IN THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2840. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF THOMAS H. MORTON AS MEMBER OF THE DOWNEY SECOND CENTURY FOUNDATION, INC. 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 so ordered to adopt Resolution No. 2841. RESOLUTION NO. 2842 - - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF RICHARD M. JENNINGS AS MEMBER OF THE DOWNEY SECOND CENTURY FOUNDATION, INC. The Resolution was read by title only. It was moved by Councilman Joseph DiLoreto; seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to adopt Resolution No. 2842. Council Minutes 8/13/73 -6- RESOLUTION NO. 2843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF CHARLES W. THOMPSON AS MEMBER OF THE DOWNEY SECOND CENTURY FOUNDATION, INC. The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to adopt Resolution No. 2843. RESOLUTION NO. 2844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REAPPOINTING MARZELLA C. BRUMLEY TO THE PARKING PLACE COMMISSION The Resolution was read by title only. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2844. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mayor Thomas Morton declared a recess at 8:50 p.m. The meeting resumed at 9:10 p.m, with Councilmen DiLoreto, Jennings, Temple, Morton present; Councilman Winton absent; It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve General Warrants #26214 - #26455 $433 421.84. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Following a summation of bids, it was moved by Councilman Richard Jennings, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract #336, Wilderness Park Security Lighting in the amount of the unit prices bid, to Seco Electric Company of Azusa, the lowest and best bidder, and reject all other bids. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Following a summation of bids, it was moved by Councilman Joseph DiLoreto, seconded by Councilman Richard Jennings, and passed by the following vote to award Cash Contract 4k329, Via Amorita, 01d River School Road to Sherry Avenue, in the amount of the unit prices bid, to Su11y-Miller Contracting Company of Long Beach, the Lowest and best bidder, and reject all other bids. Councilman Walter Temple indicated inasmuch as Sully -Miller is a subsidiary of Union Oil Company, he will abstain from voting. AYES: 3 Councilmen: DiLoreto, Jennings, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ABSTAIN: 1 Councilmen: Temple It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #332, Wilderness Park Fine Grading and accept the responsibility for maintenance thereof. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Temple Council Minutes 8/13/73 -7- It was moved by Councilman Walter Temple, seconded by Councilman Richard Jennings, and passed by the following vote to approve an addendum to Cash Contract #SS-258, Paramount Blvd., Gardendale Street to Imperial Highway, Seventh Street to Florence Avenue Storm Drain Extension ,awarded to Copp Paving.;Co., Inc„, of Artesia, for the construction of a storm drain extension in Paramount Boulevard from Seventh Street to Harper Street in the amount of $13,641. Community Development Director Ervin Spindel explained the estimated cost was in- creased to $13,641 in the final contract, and it was felt this was a representative cost and better than could be done if this matter went out for separate bid. He said the primary reason for the increase was that the cost of materials have gone up and the cost for a barricade had to be added. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Temple It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-278 Alameda Street. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Temple It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to approve Residential Rubbish Rates Zones I and II; approve revised specifications, and authorize the Mayor to execute the agreement. Discussion was held regarding the need for a rubbish carrier certified audit at the end of one year. Councilman Jennings rioted the audit may not have to be certified, inasmuch as there are many things contained in a certified audit that the City may not need; items would be specified by the City and tailored to the City's needs. Mayor Thomas Morton asked if the matter could be held over to the next morning meeting because in the past when the City Council has considered rate increases for sanitation pickup, citizen concern has been expressed. He said if there is going to be citizen comment on this he would rather see the Council give the opportunity to those having been forewarned that this matter is before the City Council. Public Works Director Ervin Spindel indicated the contractor would have to start printing the bills very shortly for the next billing, and proposed rubbish collection rates have been publicized in the newspapers. A representative of Calsan, Inc., concurred with Mr. Spindel. Councilman Joseph DiLoreto commented, as stated last year, his partner has repre- sented Calsan in matters not relating to the City, and on that basis he will abstain from voting on this matter. Roll call vote: AYES: 2 Councilmen: Jennings, Temple NOES: 1 Councilmen: Morton ABSENT: 1 Councilmen: Winton ABSTAIN: 1 Councilmen: DiLoreto Motion carried. Clarifying his "no" vote, Mayor Morton stated he feels this matter should be carried over to the next meeting. However, he said, he is in accord with the rate increase. ORAL COMMUNICATIONS Mr. Robert Vollmer commented on his letter presented earlier in the meeting regard- ing Noise Problem on Phlox Street. He referred to Section 9125.2 of the Code as contained in his letter and asked why there is nothing enforceable concerning noise as written in the City's ordinance. Mr. Vollmer requested paragraph three of the code section be pursued to find out what can be done in this respect. Council Minutes 8/13/73 -8- Acting City Attorney Mark Allen reviewed paragraph three of the section referred to by Mr. Vollmer and stated it is his understanding the City Planner has undertaken an investigation and will take it up in due course with the District Attorney. City Planner William Goggin explained a portion of the zoning ordinance will con- cern noise and,there are other ordinances .effected by noise as well. Mayor Thomas Morton stated he has suggested to Mr. Goggin that he check to see whether the new ordinance can include tolerances on decibel and distance readings. Councilman Walter Temple asked if a decibel meter has been purchased or is in the process of being purchased. Community Development Director Ervin Spindel said money has been appropriated in the new budget for the purchase of a decibel meter; that the Health & Sanitation Committee is interested in the noise problem and it will probably be their next project. Mr. Kenneth Miller, 7336 Cleargrove Drive, presented charts to the City Council containing data regarding State Subventions to Cities from homeowner exemptions; tax comparison, and effect on homeowners cost of a 48c City property tax rate. Mr. Miller then discussed each chart in detail, as well as commenting on Revenue Sharing and Sales Tax„Subvention. City Planner William Goggin referred to Emergency Ordinance No. 435 on Construction of Apartment Houses and Emergency Ordinance No. 436 regarding Conversion of Apartments to Condominiums and stated it will be necessary for the Council to adopt an interim ordinance on each, which would extend controls for a period of eight months. He said the interim ordinances would cover all of the requirements desired by the Council for the period between the expiration of the emergency ordinances and the adoption of the new zoning ordinance. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to set a public hearing on an Interim Ordinance regarding Construction of Apartment Houses and an Interim Ordinance regarding Conversion of Apartments to Condominiums, for 8:00 a.m., August 28, 1973, in the Council Chambers of the:Downey City Hall. Discussion followed. AYES: 4 Councilmen: DiLoreto, Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Councilman DiLoreto noted that the emergency Ordinance No. 435 basically takes into account the recommendations of the Apartment House Committee and adopts those recommendations by reference into the ordinance. He asked if the new ordinance will also adopt by reference the information contained in the Apartment House Committee's report. Mr. Goggin replied this matter will be referred to the City Attorney. Acting City Attorney Mark Allen said the State law under which Mr. Goggin is acting permits the Council to adopt an ordinance for a period of four months without a public hearing and to extend that ordinance for the first period of eight additional months after a public hearing. He said he doubts the City Attorney will have any views on the policy of what should be in the ordinance; that all the Council will be able to do, absent further direction from the City Attorney, is to extend whatever prohibition it has had for four months for an additional period of time while the study is going forward. There being no further business to come before the City Council, the meeting was adjourned at 9:53 p.m. JEAN K,,DEPUTY CITY CLERK Council Minutes 8/13/73 -9- ?16 CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 13, 1973 On the bottom of Page 7 of the Minutes of the City Council Meeting of August 13, 1973, under Cash Contract #332, Wilderness Park Fine Grading, the vote shows Councilman Temple absent. The vote should show Councilman Winton absent. Jeanne Co eputy City Clerk Council Minutes 8/13/73 (Correction)