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HomeMy WebLinkAboutMinutes-04-23-74-Regular MeetingT A B L E MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 23, 1974 O F M I N U T E SUBJECT: Library Family of the Year Award Five Year Service Pin to Warren Heer Advanced Cert. POST to Detective Hugo Zero Defects Quarterly Award Proclamations: Annual Clean Up, Fix Up, Paint Up Week (5/18-25); Downey Community Flag Week (6/10-16) T I 0 N S ACTION: PAGE NO. 1 1 1 1 1 Ordinance #456 (Emergency), Extending Prohibition against Issuance of Building Permits for Const. of Apartment Houses Adopted 2 Ordinance #457 (Emergency), Extending Prohibition against Conversion of Existing Apartment Bldgs. into Condominium Ownrshp. Adopted 2 Minutes, April 8, 1974; Adjourned (Reorganization) April 16, 1974 Approved 2 Legal Claims (for Council action) Ref. #161, David Lee Tomblin Ref. #162, Burt & Merna Lenell Denied 3 Ref, #163, Virgil Hoemann, M.D. Approved 3 Ordinance #458, Amending Sec. 3307 DMC (Fire Code) Adopted 3 Ordinance, Amending Sec. 7175 DMC re Driveway Approaches Introduced 3 Resolution #2935, Establishing 2-Hr. Prkg. Limitation B/Sides 4th St. from LaReina to New St. & B/Sides LaReina from 4th N1y distance 150' Adopted 3 Resolution #2936, Restricting Stopping Anytime W/s Studebaker Rd. from 605 Fwy. Off -Ramp to Approx. 120' S/o Benfield Ave. & Rescinding Res. #2883 Adopted 4 Resolution #2937, Establishing an Acceptable Procedure for Allocation of 1973 Highway Act Funds Adopted 4 Resolution #2938, Auth. Renewal of Contract w/County Concerning Performance of General Services Adopted 4 Resolution #2939, Apprvg. Apptmt. of Norman Horney to Board of Bldg. Appeals Adopted 4 Resolution #2940, Apprvg. Apptmt. of Mike Huggins as Member of Water Board Adopted 5 General Warrants #30538 - 30613 #30614 - 30759 Approved 5 CC #326, New Fire Station Headquarters - Award of Contract for lump -sum bid Approved 5 CC ,$SS-268, Florence Ave. & CC #SS-279, Dollison Dr. & Fairford Ave. - Plans, specs. & auth. to advertise for bids Approved 5 Page 1 of 2 COUNCIL MEETING APRIL 23, 1974 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: CC #345, Miscellaneous Repairs - Specs & authority to advertise Approved CC #346, Slurry Seal Fiscal Year 1973-74 - Specs & authority to advertise Approved CC #SS-255, Dolan Ave., Davis St. to SPRR - Award of contract; transfer of funds; sidewalk & paving matching funds Approved CC #351, Downey Sanitary Sewer Reconstruction N1y of Alameda St. - Award of contract; transfer of funds Approved CC #SS-286, Storm Drain, Fairford Ave. - Acceptance of improvements; extra work Approved CC #325, Wilderness Park Nature Museum - Accept building; grant time extension to 10/12/73; auth. assessment of liquidated damages; changes w/net credit to City Deferred to next meeting CC #338, Benares St., Mitla Ave. to Old River School Rd. - Acceptance of improvements Approved Sidewalk Matching Funds, various locations Approved Paving Matching Funds, one location Approved Traffic Report - Vicinity of Paramount Blvd. & Brookmill Road Presented for information D.I.P. #654, S/Side Suva St. bet. Bluff Rd. & West City Limits - Auth. Chapter 27 proceedings Approved Downey Theatre Casting Policy Report by City Manager Council Policy that citizens be notified on any assessment district or improvement district of estimated or actual cost & financing methods available Approved Comments by Councilman Winton re 105 Freeway Change in scheduled times of Council To be proposed by Councilman Meetings to night meetings only Winton at next meeting Discussion re Lakes, Wilderness Park 105 Freeway Status report by City Attorney Page 2 of 2 PAGE NO 5 5 6 6 6 7 7 7 7 8 8 8 8 9 9 9 9 MINUTES OF THE CITY COUNCIL "GG OF THE CITY OF DOWNEY APRIL 23, 1974 The City Council of the City of Downey held a regular meeting at 8:00 a.m., April 23, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Hazel N. Scotto, Richard M. Jennings ABSENT: Councilmen: Joseph E. DiLoreto (arrived at 8:05 a.m.), Donald H. Winton (arrived at 8:29 a.m.) 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 William A. Goggin, City Planner Ray Lake, Building Official Edwin H. Wood, Fire Chief Joseph R. Guthrie, Captain, Police Department Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Alvin P. Young, Messiah Lutheran Church, followed by the Flag Salute led by Fire Chief Edwin Wood. Councilman Joseph DiLoreto arrived at the meeting at 8:05 a.m. With the assistance of City Librarian Ruth Miller, Mayor Richard Jennings presented a plaque to Mr. and Mrs. Orville Miller as the Library Family of the Year. With the assistance of Councilman Walter Temple, Mayor Jennings presented a Five Year Service Pin to Mr. Warren Heer, who has served on the Parks & Recreation Commission and now serves on the Water Board. With the assistance of Captain Joseph Guthrie, Mayor Jennings presented an Advanced Certificate from P. 0. S. T. to Detective Daniel Hueo. With the assistance of Community Development Director Ervin Spindel, Mayor Jennings presented a Zero Defects Quarterly Award to Miss Mary Sullivan of the Community Development Department. Mayor Jennings reported on two proclamations: Annual Clean Up, Fix Up, Paint Up Week (May 18-25, 1974); and Downey Community Flag Week (June 10-16 1974) Mr. Henry Oberndorf, 7810 Stewart & Gray Road, reviewed the Elks' involvement with Flag Day observances since 1907 and the circumstances surrounding the establishment of June 14th as the national day of observance. He said this year, through a proclamation of Governor Reagan in Sacramento, the Benevolent Protective Order of Elks will be the main organization in conducting flag services throughout the entire State of California, and other organizations involved are being urged to use the Elks' flag observance ceremony. Mr. Oberndorf mentioned the Flag Day ceremonies begin the night of June 13th at the Stonewood Shopping Center and end Saturday, June 15th. He stated various paternal organizations and the Chamber of Commerce have made donations toward the cost of bonds to be awarded essay winners during the celebration, and he urged the Council's donation of $125, which is needed to meet the budget for the Flag Week ceremonies. Mayor Jennings said the City Manager will look into the possibility of the donation, and Mr. Oberndorf will be notified. Mayor Richard Jennings declared that this is the time and place for the public hearing on Extension of Ordinance No. 440, Declaring a Moratorium on the Issuance of Building Permits for Construction of Apartment Houses Except on Authorization of the City Council, and Extension of Ordinance No. 441, Declaring a Moratorium on the �ouversion or txisting Apartment Buildings into Condominium Ownership Except Up Authorization of the Planning Commission. He inquired if the City Clerk had th Affidavit of Publication, to which the City Clerk responded in the affirmative. Council Minutes 4/23/74 -1- It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests or objections against extension of the Ordinances, and the City ,Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to extension of the Ordinances, and there was no response. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing. ORDINANCE NO. 456 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE PROHIBITION AGAINST THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF APARTMENT HOUSES, EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL, DURING A PERIOD OF STUDY OF APARTMENT HOUSE ZONING The Ordinance was read in its entirety by the City Clerk. Councilman Donald Winton arrived at the meeting at 8:29 a.m. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt emergency Ordinance No. 456. AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings ABSTAIN: 1 Councilmen: Winton ORDINANCE NO. 457 (EMERGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING THE PROHIBITION AGAINST THE CONVERSION OF EXISTING APARTMENT BUILDINGS INTO CONDOMINIUM OWNERSHIP, EXCEPT UPON AUTHORIZATION OF THE PLANNING COMMISSION, DURING A PERIOD OF STUDY OF CONDOMINIUM DEVELOPMENT The Ordinance was read in its entirety by the City Clerk. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt emergency Ordinance No. 457. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings For information purposes, Mayor Richard Jennings asked if these Ordinances will be rescinded when the Comprehensive Zoning Ordinance is passed through public hearings and adopted. The City Manager said yes. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of April 8, 1974, and the Minutes of the Adjourned Citv Council Meeting AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Communication from Robert and Iva Johnson regarding Appreciation to the Downey Fire Department. Ordered filed. Communication from Mayor Pro-Tem Joe DiLoreto regarding Appointment of Mr. Brownie Brown to the Rose Float Association. Ordered filed. Communication from the Office of the Secretary of Transportation acknowledg- ing Receipt of Downey City Federal Aid Highway Act Resolution No. 2921. Ordered filed. Communication from Valerie and Richard VanUnen regarding Appreciation to the Downey Fire Department. Ordered filed. Communication from Bill Schonsted regarding Appreciation to the Downey Fire Department. Ordered filed. Council Minutes 4/23/74 -2- LEGAL CLAIMS (for Council action) Ref. #161, David Lee Tomblin Ref. #162, Burt and Merna Lenell It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to deny the legal claims of David Lee Tomblin and Burt and Merna Lenell as recommended. Ref. #163, Virgil Hoemann, M.D. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to accept the legal claim of Virgil Hoemann, M.D. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings ORDINANCE NO. 458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3307 OF THE DOWNEY MUNICIPAL CODE 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. 458. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7175 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO DRIVEWAY APPROACHES 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 introduce the Ordinance. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 2935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING LIMITATION ON BOTH SIDES OF FOURTH STREET FROM LA REINA AVENUE TO NEW STREET AND BOTH SIDES OF LA REINA AVENUE FROM FOURTH STREET NORTHERLY A DISTANCE OF 150 FEET 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. 2935. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION M. 2936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESTRICTING STOPPING AT ANYTIME ALONG THE WEST SIDE OF STUDEBAKER ROAD FROM THE 605 FREEWAY OFF -RAMP TO APPROXIMATELY 120 FEET SOUTH OF BENFIELD AVENUE AND RESCINDING RESOLUTION NO. 2883 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. Council Minutes 4/23/74 -3- It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2936. Councilman Temple questioned why the no parking restriction was placed and is now being removed. Community Development Director Ervin Spindel stated the City Council instructed the Traffic Committee to study the development on Studebaker Road and to place restrictions. He said the residents in the neighborhood requested parking be re- stricted. Mr. Spindel explained parking restrictions were placed throughout the entire development of apartments to the south and commercial to the north; that this restriction keeps the no parking in front of the commercial and lifts the restriction in front of the apartments. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 2937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ESTABLISHING AN ACCEPTABLE PROCEDURE FOR ALLOCATION OF 1973 HIGHWAY ACT FUNDS 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. 2937. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 2938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING THE PERFORMANCE OF GENERAL SERVICES 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. 2938. Mayor Richard Jennings asked if these are fixed fee services for the next five years, if there is an escalation clause, and whether the City will pay just for what it is billed. City Manager Charles Thompson said there is a unit price billing for the street lights and the traffic signals, and there is no escalation clause on the unit prices. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings RESOLUTION NO. 2939 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF NORMAN HORNEY TO THE BOARD OF BUILDING APPEALS 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. 2939. Councilman Winton said Mr. Horney has association with a company that provides him with a competent engineering staff for all types of research. He mentioned Mr. Horney will serve as the layman. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Council Minutes 4/23/74 -4- RESOLUTION NO. 2940 14872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MIKE HUGGINS AS A MEMBER OF THE WATER BOARD 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. 2940. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve General Warrants #30538 - 30613, $259,173.49, and #30614 - 30759, $76,240.82. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Following a summation of bids, it was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to award Cash Contract #326, New Fire Station, Headquarters, to Leonard V. Bouas Construction of Anaheim, the lowest and best bidder, for the lump -sum bid of $331,111, and to reject all other bids. Fire Chief Edwin Wood said as soon as the contract and the bonds have been negotiated, the contractor will be ready to start. He indicated it is hoped completion will be within 180 days. Chief Wood explained some of the items that are not in the bid are the fuel system, some of the concrete flat work to be accomplished by the Fire Department, fencing, the communication system, which will be a separate item, some furniture, the streets, sidewalks, and curb work. He said these are major items that are not in the lump sum bid, and it is believed these additional costs will be approxi- mately $25,000. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings 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 #SS-268 Florence Avenue, and Cash Contract #SS-279, Dollison Drive and Fairford Avenue. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Community Development Director Ervin Spindel commented that one copy of project maps will be dispatched to the Council office, and all other copies will be retained by the Community Development Department for their use. Councilman Winton said that relative to thoughts about a new civic center complex, consideration should perhaps be given to the audio visual concept for presenting charts and maps so that all persons present could share in the available information. It was moved by Councilman Donald Winton and seconded by Councilman Walter Temple to approve specifications and grant authority to advertise for bids on Cash Contract #345, Miscellaneous Repairs. Councilman Temple inquired about the removal of five trees on Julius Avenue and the necessity for removing all of them. Community Development Director Ervin Spindel replied it is a corner lot and the drainage is obstructed each way. He said the trees are large and in order to accomplish the work, they should be removed. Mr. Spindel pointed out that these are carob trees which are shallow and heavily rooted. Mr. Booker Everett, 12166 South Julius Avenue, Downey, stated he has lived at this address for approximately 25 years, and the carob trees under discussion are approximately 30 years old. He said the trees were pruned approximately 15 years ago and the curb and gutter replaced at his expense. Mr. Everett spoke of the drainage problems existing on Julius from Yankey Circle to Hondo Street and indicated removing the trees is not going to solve the problem since the street is flat. Council Minutes 4/23/74 -5- X13 Mr. Spindel drew an illustration on the board to explain the improvements involved. Mr. Everett reiterated his previous comments and added that only two of the trees are raising the curbs. Questions were raised regarding the cost of the project. Discussion followed. Councilwoman Hazel Scotto asked if approval of the specifications could be postponed for further review in the interest of possibly preserving the carob trees. Further discussion ensued wherein it was suggested by Mr. Spindel that the cash contract go out to bid at this time. He said a later report could be issued to the Council because the bid would be on a unit price basis and certain parts could be deleted at time of awarding the bid. Mayor Jennings called for a roll call vote. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve specifications and grant authority to advertise for bids on Cash Contract #346, Slurry Seal Fiscal Year 1973-74. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings 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-255, Dolan Avenue, Davis Street to SPRR, in the amount of the unit prices bid, to Artomco Construction of Downey, the lowest and best bidder, reject all other bids, authorize the following transfer of funds, and approve sidewalk and paving matching funds in the amount of $693.61. Amount From To $11,000 Gas Tax Fund 26 Balance ($2,000) A/C #2616114 Paramount Construction Budget (Completed Project) Fund 2616117 ($1,500) Fund 2616130 ($7,500) Discussion followed regarding the proposed commercial zoning of residences now zoned R-1 and receiving matching funds. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings 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 #351, Downey Sanitary Sewer Reconstruction Northerlv of Alameda Street, in the amount of the unit prices bid, to City Construction Company, the lowest and best bidder, reject all other bids, and authorize the following trans- fer of funds. Amount From To $15,500 General Fund Balance A/C #72-13909 AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements completed under Cash Contract HISS-286 Storm Drain Fairford Avenue, and authorize extra work in the amount of $5,067.10. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Donald Winton and seconded by Councilman Walter Temple to accept the building completed under Cash Contract #325, Wilderness Park Nature Museum, and maintenance thereof; grant a time extension to October 12, 1973; authorize assessment of liquidated damages in the amount of $2A0; and approve changes with a net credit to the City of $1,242.80. Council Minutes 4/23/74 -6- Mayor Richard Jennings inquired how long the City can retain the cons actor' bond. Community Development Director Ervin Spindel replied the Faithful Performance Bond is for one year from the time the City occupies the building. City Manager Charles Thompson explained the sag in the roof was corrected, and there is still a small sag which was felt would not be detrimental with regard to functional aspects of the roof. He said the brace that was put into the roof meets all of the requirements for the facility. Mayor Jennings asked if the roof repair was done without cost to the City. Mr. Thompson said the overall cost was about $900. Mr. Spindel pointed out that the $900 was the City's cost for materials. Councilman Winton mentioned there are certain adjustments for which the City should be reimbursed. Discussion followed. Councilman Joseph DiLoreto questioned the stability of the roof. Mr. Spindel explained the roof was analyzed by structural and architectural engineers and found to meet the code. He said the roof is structurally adequate, however, additional bracing was put in to eliminate portions of the sag. Further discussion ensued. At the request of Councilwoman Hazel Scotto, this matter was deferred to the next meeting pending her review of the roof. Mayor Jennings said the City is going to end up spending money to fix a swale, and if either the architect or the contractor is responsible for designing or constructing a swale without a drain, then he wants to see them pay for it before they are released from the bond. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements completed under Cash Contract #338, Benares Street Mitla Avenue to 01d River School Road. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Mayor Richard Jennings declared a recess at 9:34 a.m. The meeting resumed at 9:46 a.m. with all Councilmen present. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 266 7822 Brookmill Road $ 78.00 267 13129 Verdura Avenue 99.00 268 13135 Verdura Avenue 99.00 269 8224 Duesler Lane 130.00 270 9502 Rives Avenue 83.00 271 10203 Julius Avenue 107.00 272 7542 Adwen Street 162.00 273 7742 Phlox Street 112.00 Total Estimated City Cost $ 870.00 AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to approve Paving Matching Funds at the following location: Estimated P.M.F. No. Address City Cost 181 7856 Blandwood Road $ 415.00 (Tweedy Lane Frontage) Total Estimated City Cost $ 415.00 Council Minutes 4/23/74 -7- AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Traffic Report - Vicinity of Paramount Boulevard and Brookmill Road, was presented for information. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to authorize initiation of Chapter 27 proceedings for the construction of curb and gutter on Downey Improvement Project No. 654, South Side Suva Street between Bluff Road and West City Limits. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings CITY MANAGER'S REPORT City Manager Charles Thompson spoke regarding a request of Miss Patricia Howe for a review of the Downey Theatre Casting Policy procedures. He said Miss Howe has met with the Parks & Recreation Commission and the Commission has studied and reviewed this matter and has made the following conclusions: 1. That the City's basic concern should be for the benefit of attendees and residents of the City and not necessarily for the performers. The best quality of performances possible should be offered for events requiring ticket fees for admission. 2. In a fundamental sense, casting procedures now followed are reasonable and do provide for an open competitive arrangement for the various parts at the Theatre. However, the Commission emphasizes preference should be given to Downey residents where talent is equal. 3. Additional effort should be made to develop programs or more effort put into developing programs to involve Local talent, but perhaps these should be some type of performance that is advertised strictly as a new talent or talent -type of production. ORAL COMMUNICATIONS Mr. Bruce Watson, 7326 Neo Street, Downey, addressed the City Council and read the First Amendment to the Constitution of the United States. He said the Council has no right under the law to refuse him the right to speak on any matter before the City Council. Mrs. Patricia Howe, 12016 Old River School Road, Downey, referred to item 3 in Mr. Thompson's report and said she feels this may bring some of the people back to the Theatre that have been discouraged with casting procedures. Mrs. Howe commented the City of Downey has a fine Theatre and Mr. Hume is a fine director. Fire Chief Edwin Wood thanked the Council for its favorable consideration on the contract of the New Fire Station. Councilman Joseph DiLoreto stated at the Council Meeting of April 8th, a hearing was held on Assessment District 117. He said most of the property owners present were not opposed to the Assessment District but were primarily concerned with the cost involved, the finances available to them, and the amount of money the City is going to have to place in order for this district to be started or completed. Councilman DiLoreto indicated this information should have been given to the property owners when the initial notice was given. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote that by way of Council policy, in all action taken in the future involving any department of the City of Downey in which the rights of citizens are effected and a financial cost or assessment is imposed pursuant to any zone change assessment, improvement, or any other special district or special assessment that a proposed estimate or the actual cost, if it is actually known, be provided together with the interest and methods of financing, if there are methods available, and that information be provided to the citizens upon the initial notification by the City of Downey. Discussion followed. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings Councilman Donald Winton referred to the 105 Freeway and the defacto contracts relative to completion date or commencement date. He stated he would like for the Council as a matter of minute action and a matter of policy to start instructing Council Minutes 4/23/74 -8- /!;- K,.g '_eo 06 the City Manager and staff to begin considering what alternatives the City is going to have. He said there are certain contingencies involved at the present time that leads him to believe there is the possibility the freeway may never come to fruition. Councilman Winton mentioned the number of homes boarded up and sitting vacant and of the amount of money spent for police enforcement and fire protection in this area. He commented there is going to be some regional planning taking place in the very near future in Southern California tied to both Federal and State funds, and he thinks staff should start advising the City Council relative to the potential or fruition of this freeway, and if so, when it may or may not occur and what the alternatives are. Councilman Winton discussed freeway activi- ties dating back to 1958 and how it has effected the stability of his district. Councilman Winton stated his intention to propose a change in scheduled times of City Council Meetings to night meetings only to allow better citizen participa- tion. He said he feels it is an imposition on any person to have to take a day off from work in order to appear at a day Council meeting, and he will present at the next meeting an ordinance change to bring in night meetings only. Councilwoman Hazel Scotto concurred with Councilman Winton's views regarding Council Meetings and indicated it does effect citizen participation strongly. Councilwoman Scotto mentioned the Lakes at Wilderness Park and indicated the slope of the lakes appears to be quite dangerous. She said if there are certain regulations, requirements, or standards that the City does use, she would appre- ciate having a copy of them. Parks $ Recreation Director James Ruth explained the minimum 4-to-1 slope design of the lakes, as submitted by the architect, did conform to State requirements. He said fill dirt was put on top of the Liner about 3-to-4 inches around the lakes to eliminate any risk of slippage if anyone should fall into the lakes. Mr. Ruth pointed out that signs have been posted indicating no boating, swimming, or wading, and a recommendation will be submitted to the City Manager and City Council in the near future regarding having an on -site person living on the park facilities to add additional supervision during non -operative hours. Referring to the 105 Century Freeway, City Attorney Royal Sorensen mentioned a decision of the 9th Circuit Court that the Highway Department would not have to hold design hearings or location hearings again, and following that, a contrary decision came out of a different panel of the same court. He said the plaintiffs then petitioned the Circuit Court for an in -bank hearing so that there would not be two conflicting opinions in the same circuit --the in -bank hearing has been granted with both prior decisions having been vacated, and a new hearing will be held on June 12th. Mr. Sorensen indicated as a result of the City's application with the Federal Court for authority to compel the State to perform in accordance with the contract relative to the removal of houses, the City has now been instructed, via the Clerk of the District Court, to inspect certain houses deemed to be the most significant for the most dilapidated, and that inspection will take place Wednesday, April 24th. Councilman Donald Winton requested the City Manager to prepare a periodical press release in conjunction with the City Attorney's reports on current situations so that the citizens are made aware through the local press. Also referring to the 105 Freeway, Councilman Joseph DiLoreto said the situation should be realistically evaluated at the present time, especially with impounding freeway funds from a national level and looking at it objectively whether the freeway actually can be constructed. He mentioned if it is felt the freeway will not be constructed, then the City will have a problem situation --a situation as to what to do with the land now vacant. Councilman DiLoreto encouraged Downey to be the leader in the area and start developing some form of dialogue with the State with respect to that land so the City will be in a position to act almost as a purchasing agent, if necessary, to repurchase the land and then offer 4 for sale to the citizens for redevelopment as R-1 and n4 re -developed for commercial, etc. City Manager Charles Thompson mentioned the Performance Agreement did include a provision that should the freeway not be built, the State would be required to dispose of the property only for the uses as designated by the City's Master Plan. He said there is a provision to protect the City in the event the State disposed of the property even if the City does not. Council Minutes 4/23/74 -9- Mayor Richard Jennings requested Councilman Winton to take the time to listen to the tape of the Assessment District 117 hearing at the last night meeting because it will be coming up again at the next night meeting and a four -fifths vote is needed to set this up. There being no further business to come before the City Council, the meeting was adjourned at 10:17 a.m. Robert L. Shand, City Clerk -Treasurer Council Minutes 4/23/74 -10- CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 23, 1974 On Page 6, final paragraph, of the Council Minutes of April 23, 1974, the last three lines now read: ........Nature Museum, and maintenance thereof; grant a time extension to October 12, 1973; authorize assessment of Liquidated damages in the amount of $2500; and approve changes with a net credit to the City of $1,242.80. The last three lines of the paragraph should read: ...........Nature Museum, and maintenance thereof; grant a time extension to October 12, 1974; authorize assessment of liquidated damages in the amount of $2400; and approve changes with a net credit to the City of $1,242.80. . I r�_/ j / Robert L. Shand, City Clerk -Treasurer Correction to Minutes 4/23/74