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HomeMy WebLinkAboutMinutes-09-09-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Annexation of Entire City Area into a Citywide Lighting District Continued to 10/14/74 Dissolution of County Lighting District & Concurrent Annexation of Areas to Approp. Zones of Citywide Lighting District Continued to 10/14/74 Resolution #3016, Ordering Vacation of Portion of Quinn St., V-116 Resolution #3017, Confirming Assmt. for Chapter 27 for DIP #653, Sites A & B, Dolan Ave. bet. DIP #654, S/s Suva St. bet. Bluff Rd. & West City Limits - Auth. Dept. of Community Development to proceed w/const. under #SS-282 Appeal, ZE Case #1174, 10829-35 New St., 8215 Fourth St. Minutes: Reg. Mtg. 8/27/74; Reg. Adj. Mtg. 9/6/74 Legal Claims (for information & action) Ref. #191, Billy C. Bandy Ordinance #468, Amending Sec. 3179 DMC re Truck Routes & Amending Sec. 3185(b) DMC re Truck Parking Regulations Ordinance Amending DMC re Dance Floors Resolution #3018, Apprvg. Request for Time Ext. from Calif. Council of Intergovermmntl Relations in Prep. of General Plan Elements Resolution re Santa Ana Freeway Mass Rapid Transit Corridor Adopted Adopted Approved Denied; Planning Comm. decision upheld Approved Denied Adopted To be presented 9/24/74 Adopted Taken under submission Resolution #3019, Apprvg. Apptmt. of Cn. Donald H. Winton as Delegate and Cn. Joseph E. DiLoreto as Alternate Delegate to City Selectn Comm. of So. Cal. RTD Adopted Resolution #3020, Decl. Int. to become Mmbr of SE Mayor's & Councilmen's Group Adopted General Warrants #133438-133697, #201021-201050 Approved CC #363, Lakewood Blvd. Island Mod. - Plans, specs & auth. to advertise Approved CC #3021, Apprvg. Final Subdiv. Map of Tr #32384, Apprvg. Agmt. w/Subdividers & Accptnc of Letter of Credit for Cash on Deposit in lieu of Surety bonds (10345 Downey Ave.) Adopted Tr #32384, 10345 Downey Ave. - Park Fee @175 per unit Approved Page 1 of 2 PAGE NO. 4 4 5 6 6 8 8 8 8 8 8 9 9 9 9 9 10 10 COUNCIL MINUTES, SEPTEMBER 9, 1974 TABLE OF MINUTE ACTIONS SUBJECT: Request of Downey Christmas Parade Comm. for increase in budget request Notice of Improvement postings - Review by Council prior to posting w/layman's explanation incl. Water Feasibility Study - Req. from Water Board for joint mtg. w/Council & consultant Page 2 of 2 ACTION: Taken under submission to 9/24/74 Approved Req. for report & recommendation from Staff PAGE NO. 110 11 11 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 9, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 9, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Joseph E. DiLoreto, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: Donald H. Winton ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant 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 Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Rabbi Martin Rybach, Temple Ner Tamid, followed by the Flag Salute led by Finance Director Patton. Mayor Jennings declared that this is the time and place for the public hearing on Annexation of the Entire City Area into a Citywide Lighting District. He in- quired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to receive and file the Affidavits. Mayor Jennings inquired if the City Clerk had received any written protests or objections. City Clerk Shand replied yes, a petition containing 31 signatures, a letter from Mr. Jay Rogers of Premier Florist, and a notation from Gloria Rose. Mayor Jennings stated prior to asking if anyone wishes to speak on behalf of the written protests he will call for a report from the Director of Community Development. Community Development Director Spindel reported at the present time, all inter- sections within the City have a safety light. Referring to a Master Plan of Street Lighting chart displayed for the benefit of the audience, he explained inequities exist in the charges for street lighting throughout the City. Mr. Spindel mentioned although the notices of the street lighting annexation were posted in the manner required by the Streets and Highways Code, no additional lights are being contemplated under this program; and the policy is, has been, and is under the law, that a street lighting district cannot be formed or put in without a majority petition of the property owners. He discussed the rising cost of electricity and said the costs as shown on the posted Notices, of. Improvement were calculated prior to receipt of the assessed valuations from the County Assessor; that since that time, the new assessed valuations have been received, the rates were recalculated, and they are considerably lower than what was shown on the notice. Mr. Spindel commented on the proposed Lighting District Reorganization and rates for existing lighting districts, County vs. City, Zones I through V. He said the proposal is to put the zones into one zone for payment of the energey and maintenance costs and to make a Citywide zone of all areas in the City, whether lighted or unlighted, to pay for the safety lighting costs. Mr. Spindel referred to a Lighting District Reorganization Alternative re- quested by the City Council at its recent study session and stated the alternative would place the residential zone by itself and combine all of the other commercial Council Minutes 9/9/74 -1- zones into a separate zone. He commented on the costs for residential lighting, commercial and industrial lighting, safety lighting, and holding zone. Mr. Spindel explained the Council has the option in the Citywide zone to set the rates and make up the difference from the General Fund; that there might have to be a general tax increase to provide money for that fund. He further reported on the costs for the different areas throughout the City. Mayor Jennings stopped the hearing for a special presentation. Mrs. Donna Provence presented a recognition award to Police Chief Morgan for his support of the Motorcycle Training Course in the City of Downey. Chief Morgan said he will share the award with the Downey Unified School District and Suzuki motorcycle representative. Mayor Jennings inquired if there was anyone present who wished to speak on behalf of the written protests. There was no response. In explanation to those present, Councilman DiLoreto stated the purpose of the Notice of Improvement is not for additional lights for the City but is to bring about a certain equity with respect to the allocation of costs for lighting in the City. He commented on a situation created before the City was incorporated, whereby many people within the County Lighting District are paying an annual assessment for lighting they do not receive. Also, he said, there are an additional six -to -eight lighting districts throughout the City, and there is no uniformity within the districts as far as the rates are concerned. Councilman DiLoreto stated the purpose of this lighting district consolidation is to bring about equality in the amount people are paying for lighting, and he noted the City receives no revenue from this. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Annexation. Mr. Carl E. Rommel, 12714 LaReina Avenue, raised questions regarding the rates for lighting zones. Responding to an inquiry from Mr. George Varela, 9134 Lemoran Avenue, regarding - -- the amount of revenue generated annually, Mr. Spindel stated the tax rates are set each year based on assessed valuations and the cost of running a district to give the City exactly what it needs to pay for cost of maintenance. Mr. John Barr, 10408 Samoline Avenue, questioned the commercial rate for light- ing. He commented on the Notice of Improvement posted throughout the City. Mr. Spindel explained the notices contained language required by the Streets & Highways Code, and in the future, the notices will contain footnotes explaining the legal language. Shirley Andre, 10424 Manzanar Avenue, asked what the City does with its share of Gas Tax Funds. Mr. Spindel replied the Gas Tax Funds are based on population and used for all types of street maintenance. Mr. William H. Loffer, 12709 Dolan Avenue, discussed his increased property taxes and spoke in opposition to a raise in taxes to cover lighting. Mr. Peter DenHamer, 9229 Muller Street, discussed the location of safety lights and increase in taxes. Mr. Bernard Johnson, 11431 Pruess Avenue, commented on increases in taxes, ambiguity in the Notice of Improvement, and urged the Council to publish its find- ings so that the people will be aware of what the Council is voting on. Mr. Steve Samplee, 11629 Mitla Avenue, concurred with the last speaker and commented on the conduct of the hearing. Mayor Jennings excused himself and departed from the Council Chambers at 8:50 p.m. He returned to the Council Chambers at 8:51 p.m. City Attorney Sorensen pointed out as a matter of record that the Mayor was able to listen to a loudspeaker in the adjoining conference room during his absence Council Minutes 9/9/74 -2- and was not out of touch with any Council action. Therefore, he is not precluded from passing on any matters that come before the City Council. Mr. Jack Robinson, 8555 Gainford Avenue, stated people are thoroughly confused by the proposal and alternate proposal for reorganization of the lighting district. He discussed the tax rate and said it appears this proposal will be an attempt to increase taxation. Mr. Robinson urged the Council to table this matter until such time as it can present information that can be explained to the citizens in a simplified manner. Mr. Rommel, 12714 LaReina Avenue, concurred with Mr. Robinson. Mr. Donald Traverse, 10421 Samoline Avenue, questioned the costs as outlined for safety lights. In explanation, Mr. Spindel said the costs are based on actual costs of operating lights in the district as against the assessed valuation of the districts themselves. Mr. John Barr, 10408 Samoline Avenue, commented on the safety light program as approved by a previous City Council. Councilwoman Scotto pointed out the Council has never discussed raising the tax rate. Toni Johnson, 10506 Western Avenue, made inquiries regarding the Utility Users Tax. City Manager Thompson explained that although cities depend a great deal on property tax as a very substantial part of their municipal revenue, the fastest rising income that a City has is Sales Tax, which moves more in line with the economy and inflation. He stated that due to the flexibility of property values, each year the Council must adopt a new tax rate as the bills are received from the utility company to pay for lighting, and the money received from all of the light- ing zones is turned over to pay for that lighting. Mr. Thompson pointed out a proposal has been made by the City Administration to the City Council in the hopes it would establish more equity in the overall system. He indicated studies have shown that safety lighting has paid dividends in terms of fewer accidents and lower crime rates. Commenting on the Notice of Improvement, Mr. Thompson stated this was done according to State Statute. Mr. Bruce Watson, 7326 Neo Street, commented on the lack of communication involved. Mr. Ken Miller, 7336 Cleargrove Drive, endorsed the remarks made by Mr. Robinson. He spoke in favor of the safety lights but in opposition to annexation of the lighting district, stating a property tax increase would produce more revenue for the City at less cost because there would be subventions that would come from the State on the homeowners exemptions. Mr. Miller commented on the costs. Discussion followed. Mr. Varella, 9134 Lemoran Avenue, inquired how much the General Fund Property Tax Rate would have to be raised in order to realize the same revenue from the lighting district annexation. Mr. Thompson replied the total for safety lights would be about 4iC. Donna Ryan, 8702 Mory Street, speaking on behalf of the petition presented on this matter, stated her opposition to a tax increase. Mrs. Fields, 12323 Blodgett Avenue, spoke in opposition to the annexation. Mr. Ernest Jennings, 7523 East Corey, spoke in opposition to the annexation. Mr. M. C. Donaldson, 8327 Gallatin Road, commented on the use of Gas Tax Funds to widen Gallatin Road. It was moved by Councilman DiLoreto to close the hearing. (See substituted motion.) Council Minutes 9/9/74 -3- Mr. Ken Miller stated because of the confusion that exists, he would request the Council to enter into its discussions prior to closing the hearing. City Attorney Sorensen advised the hearing could be continued to a later time, however, if the Council proposes to take definitive action of any sort, the hearing should be closed first. Councilwoman Scotto asked if she could substitute the motion. Councilman DiLoreto replied yes. It was moved by Councilwoman Scotto and seconded by Councilman Temple to continue the hearing for the purpose to better inform the public. (See motion as restated.) Councilman Temple mentioned the Council should strive to clarify the situation, particularly indicating which alternate plan it would prefer. The City Council was again advised by the City Attorney that it could give tentative indication but cannot take final action until after the hearing is closed. Discussion followed. Mr. Ken Miller discussed the hearing and the information presented and suggested the Council accept more input from the appropriate City Department and not close the hearing at this time. He said he is in favor of solving the inequities but questions the manner in which it is attempted. Mr. Miller raised questions re- garding the procedure for future street lights in the City. Shirley Andre urged the Council to publish in layman terms exactly what the City is proposing in order to eliminate the confusion that now exists. Mr. Steve Samplee, 11629 Mitla Avenue, spoke in favor of Mr. Miller's remarks. Councilman DiLoreto commented on the need for safety lights and stated increased crime would result if the lights were not present throughout the City. He proposed that this hearing be continued until the next evening meeting; that the Council pre- sent the second alternative for consideration, which sets up residential -commercial safety lighting and holding zones; and that at the next Council meeting anyone present wishing to provide additional input regarding that proposal be allowed to speak. Mr. Bruce Watson discussed Councilman DiLoreto's remarks on safety lighting. Mr. George Varella, 9134 Lemoran Avenue, concurred with comments to continue the hearing and accept further input. It was moved by Councilwoman Scotto, seconded by Councilman Temple, and passed by the following vote to continue the hearing on Annexation of the Entire City Area into a Citywide Lighting District for 7:30 p.m., October 14, 1974, in the Council Chambers of the Downey City Hall. Councilman Temple suggested placing color -coded maps in the Library and City Clerk's office with explanations and detailed charts showing the City before and after the annexation prior to the continued hearing. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings declared a recess at 10:00 p.m. The meeting resumed at 10:12 p.m. with Councilmen Temple, DiLoreto, Scotto, Jennings present; Councilman Winton absent. Mayor Jennings declared that this is the time and place for the public hearing on Dissolution of the County Lighting District and the Concurrent Annexation of Areas to Appropriate Zones of the Citywide Lighting District. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to continue the hearing on Dissolution of the County Lighting District and Concurrent Annexation to 7:30 p.m., October 14, 1974, in the Council Chambers of the Downey City Hall. Council Minutes 9/9/74 -4- AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings declared that this is the time and place for the public hearing on Vacation of a Portion of Quinn Street. He inquired if the City Clerk had the Affidavit of Publication and Affidavit of Posting of Notice, to which the City Clerk responded in the affirmative. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to receive and file the Affidavits. Community Development Director Spindel reported this vacation has been re- quested by the property owner in order to make setbacks of various properties more equitable. He said this has been reviewed, passed, and recommended by the Planning Commission. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the Vacation, and there was no response. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to close the hearing. RESOLUTION NO. 3016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A PORTION OF QUINN STREET, V-116 The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3016. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 653, Sites A and B, Dolan Avenue, between Iowa Street and Southern Pacific Railroad. He inquired if the City Clerk had the Affi- davit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the costs as follows: Site A - 11445 Dolan Avenue Total Cash Assessment $62445.35 Interest, 10-yr. Assmt. 2,768.45 Total to be collected $9,213.80 Site B - 11420 Dolan Avenue Total Cash Assessment $1,430.25 Interest, 10-yr. Assmt. 614.35 Total to be collected $2,044.60 It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to accept the Engineer's Report as written. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the improvements, and there was no response. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to close the hearing. Council Minutes 9/9/74 -5- RESOLUTION NO. 3017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 653, SITES A & B, DOLAN AVENUE BETWEEN DAVIS STREET AND SOUTHERN PACIFIC RAILROAD The Resolution was read by title only. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 3017. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 654, South side Suva Street between Bluff Road and West City Limits. He inquired if the City Clerk had the Affidavit of Posting of Notice and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported this project consists of con- struction of curb and gutter on the south side of Suva Street between Bluff Road and the West City Limits. He said the estimated construction cost is $1,335. Mayor Jennings inquired if there was anyone present who wished to speak in opposition to the improvements, and there was no response. It was moved by Councilman DiLoreto, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. On the advice of the City Attorney, it was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to accept the oral Engineer's Report. Roll call vote to close the hearing: AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered that authority be granted to the Department of Community Development to proceed with construction of Downey Improvement Project No. 654, South side Suva Street between Bluff Road and West City Limits, under S. S. Project #282, if not completed by the owner within the 60-day period. Mayor Jennings declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1174, 10829-35 New Street, 8215 Fourth Street. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. City Planner Coggin reported the request was for a 78-room building for aged and retired persons with double occupancy and underground parking. He commented on the hearings before the Planning Commission and said the Commission approved the zone exception for a 63-room building, subject to conditions. He responded to questions regarding zoning and parking. Mayor Jennings pointed out this is an appeal against a decision of the Planning Commission, and if anyone speaks in favor of the appeal, they would be speaking against the decision of the Planning Commission. Council Minutes 9/9/74 -6- Mayor Jennings inquired if the City Clerk had received any written correspondence, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Michael Donner, 15910 Ventura Boulevard, Encino, member of Country Villa - Downey, Inc., and representing Naftali Deutsch, one of the appellants, commented on the application for zone exception and questioned the need for another board and care facility at this time. He said Country Villa has 78 people occupying the 160-bed facility, and this has resulted in a monitary loss to the company in excess of $50,000. Mr. Donner commented that added competition and further financial losses could effect the level of care and services provided for the residents of Country Villa and the proposed new facility. He requested the appeal be sustained and answered questions of the Council. Mayor Jennings inquired if there was anyone else present who wished to speak in favor of the appeal, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Ruth Rabenberg, 8113 Fourth Street, stated she is not sure of her position in this matter. She inquired if the proposed facility is not an economic success, could it be turned into a rooming house with insufficient parking. Following discussion, she was informed that in order for such a conversion to take place, it would have to meet the code requirements. Mrs. Rabenberg stated her concern for the need for a park or someplace where the senior citizens might go. Mr. Steve Reissman, 10353 Mississippi, Los Angeles, one of the officers of Country Villa, commented on the ramifications of overbedding an area and said over - bedding is conducive to poor care. He discussed residential care facilities in surrounding areas. Leona Downey, 10624 Downey Avenue, raised questions regarding the parking requirements. Susan Wilson, 7629 Third Street, speaking in favor of the appeal, stated her concern regarding the medical background of future residents of a residential care facility. Speaking in opposition to the appeal, Mr. Bruce Yarborough, 11530 Paramount Boulevard, a broker involved in the acquisition of the subject property, said the Planning Commission imposed certain restraints on the development eliminating any possibility of outpatients from a mental care facility. He commented briefly on the parking district, the zoning appeal, and requested the appeal be ruled against by the Council. Carol Williams, owner of the day care center at 10819 South New Street, next door to the proposed development, spoke in opposition to the appeal. She commented on the close proximity of parking facilities, the requirements imposed by the Planning Commission, and urged the Council to allow the project to be constructed. Mayor Jennings offered rebuttal time to the appellant. Mr. Donner again stressed concern for the current economic climate and whether another residential care facility would be constructive or destructive to members of the community. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to close the hearing. City Planner Goggin discussed the Planning Commission's approval of the zone exception and the requirements thereon. Discussion followed. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote that the Appeal to Zone Exception Case #1174, 10929-35 New Council Minutes 9/9/74 -7- sow Street, 8215 Fourth Street, as filed and the facts presented be denied and that the decision of the Planning Commission be upheld, together with the conditions imposed by the Planning Commission concerning use of the property. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to approve the Minutes of the Regular City Council Meeting of August 27, 1974 and the Adiourned Regular Citv Ccmnril MPetinn rf aP rPT}PY H iov, AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton LEGAL CLAIMS (for information and Council action) Ref. #191, Billy C. Bandy It was, moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to deny Legal Claim Ref. #191, Billy C. Bandy. Councilwoman Scotto questioned the procedure for denying all claims. Discussion followed. It was noted the City Manager's office is presently work- ing on this procedure for the City Council. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton ORDINANCE NO. 468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3179 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO TRUCK ROUTES: AND, AMENDING SECTION 3185(b) OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO TRUCK PARKING REGULATIONS The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Ordinance No. 468. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Ordinance Amending the Downey Municipal Code relating to Dance Floors Councilman DiLoreto indicated after discussing this matter with a Mr. Giannikas, he has requested the Ordinance be withdrawn at this time until he has had an oppor- tunity to discuss it further with the City Manager and Police Chief. Mayor Jennings informed Mr. Giannikas the Ordinance will be presented again for introduction at the Council Meeting of September 24, 1974. RESOLUTION NO. 3018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REQUEST FOR A TIME EXTENSION FROM THE CALIFORNIA COUNCIL OF INTERGOVERNMENTAL RELATIONS IN THE PREPARATION OF THE SEISMIC SAFETY, NOISE AND SAFETY ELEMENTS TO THE GENERAL PLAN The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 3018. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Council Minutes 9/9/74 -8- ,f5Q0 /- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATIVE TO THE SANTA ANA FREEWAY MASS RAPID TRANSIT CORRIDOR The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple and seconded by Councilman DiLoreto to adopt the Resolution. Councilwoman Scotto requested that Section 2 be changed to read: "That this City Council opposes the use of elevated or fail transit systems at this time believing that efficient and effective bus transportation would be fully adequate and would make the best use of connecting surface streets." Following discussion, the Resolution was taken under submission for further information as to its origin. RESOLUTION NO. 3019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF COUNCILMAN DONALD H. WINTON AS DELEGATE AND COUNCILMAN JOSEPH E. DiLORETO AS ALTERNATE DELEGATE TO THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 3019. Section 2 was amended to read: '= "Councilman Donald H. Winton hereby is appointed as continuing delegate........" AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton RESOLUTION NO. 3020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO BECOME A MEMBER OF THE SOUTHEAST MAYORS' AND COUNCILMEN'S GROUP The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 3020. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Mayor Jennings commented on a communication from the City of Bell Gardens in connection with a Southeast Mayors' and Councilmen's meeting scheduled for the evening of September llth at the Regency. It was moved by Councilman Temple, seconded by Councilwoman Scotto, and passed by the following vote to approve General Warrants #133438 - 133697 and #201021 - 201050, $421,254.12. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to approve plans, specifications, and grant authority to advertise for bids on Cash Contract #363 Lakewood Boulevard Island Modification. Council Minutes 9/9/74 -9- AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton RESOLUTION NO. 3021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 32384, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF A LETTER OF CREDIT FOR CASH ON DEPOSIT IN LIEU OF SURETY BONDS (10345 DOWNEY AVENUE) The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to set the park fee at $175. per unit for Tract No. 32384, 10345 Downey Avenue. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 3021. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton ORAL COMMUNICATIONS Dr. Jim Cox, 8207 Third Street, Chairman of the Downey Christmas Parade, re- quested an increase of $500 in the budgeted amount for the Downey Christmas Parade. He commented on the increased costs that have prompted this request. The Council raised questions and expressed a desire to hold this matter under submission pending a review of the Parade Committee's budget. Parks & Recreation Director Ruth commented on meetings between the Parks & Recreation Commission and the Parade Committee and of the Commission's suggestion that there are other means by which the Parade Committee could raise the increase over the budget. Also, he said, he does have a copy of the budget and detailed analysis on this matter - Dr. Cox further requested an ordinance be adopted requiring that parade vendors be limited to Downey citizens. Discussion followed. The City Attorney said if the Council desires to have such an ordinance pre- pared, he will review it. The request of the Downey Christmas Parade for additional funds was taken under submission to September 24th. Community Development Director Spindel noted there will be a public meeting held by the Sanitation Districts on September 17th concerning an Interceptor Sewer that will transmit sewage from the treatment facility in Carson, a portion of which will extend through Downey. He said a member of the Engineering staff will attend the meeting. Mr. Spindel commented the Street Flushing Equipment from the City of Santa Fe Springs will be ready for demonstrations on Wednesday morning, September 11th, and the Council will be notified of the time and place. Assistant City Manager Robison reported the Police Chief has received two letters from the Los Angeles Regional Criminal Justice Planning Board on two pro- jects recommended for funding: $240,000 for the Southeast Los Angeles Diversion Project; and, $44,898 for the Planning and Research Unit. It was noted the funding was approved. Council Minutes 9/9/74 -10- Mayor Jennings asked if the Parks & Recreation Department will bring back information on the Christmas Parade, and Mr. Ruth replied yes. Councilman DiLoreto commented on the lack of understanding in the Notice of Improvement postings, such as those used for the Lighting District hearing. He re- quested as a matter of policy that in the future, prior to the posting of any such notices, that the notice be submitted to the City Council for review, and that as an addendum to the notice, a paragraph of layman's explanation be included so that any person reading the notice will know what it is about. Mayor Jennings said the City Attorney approves the addition of such an explana- tion to the legal language on the Notices of Improvement. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote that as a matter of policy in the future, prior to the posting of any Notices of Improvement that the notice be submitted to the City Council for review, and that as an addendum to the notice, a paragraph of layman's explanation be included. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSENT: 1 Councilmen: Winton Councilman DiLoreto questioned the effectiveness of gravel used to resurface Cecilia Street. Mr. Spindel explained due to a malfunction of the equipment, the gravel did not adhere properly. He indicated a coat of asphalt will be used to correct the situation. Councilwoman Scotto inquired regarding the notification to SCAG of her appoint- ment to the Comprehensive Transportation Committee. Mayor Jennings reported on a letter from the Water Board requesting a joint meeting between the City Council and Water Board on the Water Feasibility Study, and that the consultant be in attendance to review the report. He mentioned before setting a joint meeting, he would request that staff (City Manager, Public Works, Finance, Legal) present to the Council a report and recommendation on this matter. Discussion followed. Councilman DiLoreto requested information on the cost to the City in acquiring water companies through condemnation, as well as costs of appraisal and possible litigation. There being no further business to come before the City Council, the meeting was adjourned at 12:10 a.m. Robert L. Shand, City Clerk -Treasurer Ri Ich / d M. Jenni g , Mayor Council Minutes 9/9/74 -11-