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HomeMy WebLinkAboutMinutes-03-11-74-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 11, 1974 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Downey Rose Float Association - Presentation of color portrait of Downey's entry in 1974 Parade 1 Commendation to citizens I Lot Cleaning Program - 1974 Season - Deny protests; order work to be performed; auth. Dept. Pub. Wks. to engage contractor Approved 2 D.I.P. #650, N/s Stewart & Gray Rd. bet. Old River & Pomering Rd. - Auth. Dept. Comm. Dev. to proceed Approved 2 Minutes, February 26, 1974 Approved 2 Legal Claims (information only) #152, H.S. Cave/M. Cave #153, J. Steward #154, D.A. Kelland #155, D.K. Kelland #156, S.E. Kelland #157, B.L. Yarborough #158, M.T. Pestello #159, M.G. Meador No action 2 Legal Claims (for Council action) #148, Violet M. Lee Held to next meeting 3 #150, Allstate Insurance Co. Denied 3 #151, David A. Dresman Denied 3 Comm. from 1st Baptist Church of Downey re Permission to Block off Dolan bet. Approved pending approval of 2nd & 3rd on 3/22, 7-9pm City Manager & Staff 3 Ordinance, Amending Sec. 3178 & Repealing Sec. 3153(b) DMC re Illegal Parking Introduced 3 Ordinance #450, Amending Sec. 7508 DMC re Payment of Underground Utility Assmts. Adopted 3 Ordinance #451, Amending Sec. 2505.1 Chapter 5, Art. II, DMC re Special Deposit Fund Adopted 3 Ordinance #452, Amending DMC re Inst. & Maint. of Publication Vending Machines Adopted 4 Resolution #2908, Ordering Dir. Comm. Dev. Make Report (Annex. 74/1) Adopted 4 Resolution #2909, Declaring Intention to Annex to City Lighting District (Annex. 74/1) Adopted 5 Resolution #2910, Ordering City Engineer Furnish Plans & Specs for imprvmt. of Adoree Ave. & other streets & alleys (AD 117) Adopted 5 Resolution #2911, Adopting Profile & Improvement Plan & Spec. for imprvmt. of Adores Ave. & other sts. & alleys (AD 117) Adopted 5 Resolution 02912, Apprvg. Map of Assmt. Dist. for imprvmt. of Adores Ave. & other streets & alleys (AD 117) Adopted 6 Page 1 of 2 Council Minutes March 11, 1974 Table of Minute Actions SUBJECT: ACTION: Resolution #2913, Setting Hearing for Purpose of Determining Whether Public Conv. & Nec. Require imprvmt of Adoree Ave. & other sts & alleys (AD 117) Adopted - Hearing, 4/8/74 Resolution 42914, Decl. Intention to improve Adoree Ave. & other sts & alleys; Determining bonds issued; decl. work to be of benefit; & expense assessed (AD 117) Adopted Resolution #2915, Determining Liquid Damages shall be paid (AD 117) Adopted Resolution Confirming Assmt. for Chptr. 27 for D.I.P. #636, Pivot St. Taken under submission & Koopman Ave. until next meeting Resolution #2916, Apprvg. Apptmt, of Sal Eppolito to Board of Bldg. Appeals Adopted Resolution Proving Proposed Downey City Charter Amendment No. 1 be Subm. to vote of qual. electors At Spec. Mun. Election on 4th day of June, 1974 Failed Resolution #2917, Implementing Sec. 21023.6 of Government Code Adopted General Warrants #29886 - 29977 & #29978 - 30053 Approved CC #351, Downey Ave. Sewer Main - Auth. Dept. Comm. Dev. prepare plans, specs, & advertise for bids Approved CC #344, Wilderness Park Lake Sealing - Change in original contract re Petromat; ext. of 60 working days; appropriation & transfer of funds Approved CC #326, Headquarters Fire Station - P1ans, specs. & auth. to advertise Approved D.I.P. #651, S/s Stewart & Gray Rd. bet Rives & Paramount - Auth. initiation of Chapter 27 for sidewalk const. & matching funds for Sites 4, 5 & 6 Approved D.I.P. #652, S/s Brookmill Rd. bet Rives & Morning - Auth. initiation of Chapter 27 for sidewalk const. & matching funds Approved General Plan Seismic & Noise Elements - Auth. solicitation of proposals Failed Purchase Contract #184, Three Year Contract for new Police Patrol & Detective Vehicles & Maint. thereof - Award to Downey Dodge Approved Request for Building Permit for Stage Construction of Apartments at 11718 Coldbrook Ave. Request for approval of Building Permit for Apartments at 10633 Western Avenue Bicycle Path Entrance to Wilderness Park Continuing surveillance on inoperative service stations Plans denied; not approved Approved with additional off-street parking Req. by Councilman Temple Req. by Councilman Temple PAGE NO. 6 6 7 7 7 8 9 9 9 9 10 10 10 10 11 13 13 14 14 Page 2 of 2 MINUTES OF THE CITY COUNCIL 'k 3Z30 OF THE CITY OF DOWNEY MARCH 11, 1974 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 11, 1974, in the Council Chambers of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Councilmen: Walter S. Temple, Joseph E. DiLoreto, Donald H. Winton, Thomas H. Morton, Richard J. Jennings ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation William A. Goggin, City Planner Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief Harald J. Henriksen, City Engineer Russ K. Reynolds, Purchasing Agent Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Robert W. Gerhart, Immianuel Mennonite Church, followed by the Flag Salute Led by Campfire -Bluebirds Cassie Angeline, Holly Anne Shane, and Cindy Hageman. Mayor Richard Jennings accepted the Campfire -Bluebirds 64th Birthday Anni- versary Cake to be shared by members of the City Council. Mr. John Vincent, President of the Downey Rose Float Association, presented to the City Council a color portrait of Downey's entry in the 1974 Tournament of Roses Parade. He announced Downey's entry won the Founder's Trophy, which is the winning entry in the division of self -decorated floats. The City Council expressed its appreciation to the Downey Rose Float Association for its accomplishments. With the assistance of Police Chief Loren Morgan, Mayor Richard Jennings presented a Commendation to William Scott Blakeslee and Mark Edward Rilev in recognition of services rendered to the City of Downey, when on December 19, 1973, they observed a felony crime in progress, and keeping the suspects under surveillance, notified police headquarters which resulted in the apprehension of burglary suspects and the recovery of stolen property. Chief Morgan commended them highly and introduced their fathers. With the assistance of Chief Morgan, Mayor Jennings presented a Commendation to Delores Hancock in recognition of services rendered to the City of Downey, when on December 1, 1973, she observed conduct of a criminal conspiracy and noti- fied the Police Department, providing information which lead to the identification of criminal suspects and the recovery of stolen property. Chief Morgan noted that Miss Hancock is an employee of the Southeast News and the boys, William and Mark, are carriers for the Southeast News. Mayor Richard Jennings declared that this is the time and place for the public hearing on Lot Cleaning Program - 1974 Season. He inquired if the City Clerk had the Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Affidavit. Mayor Jennings inquired if the City Clerk had received any written protests, and the City Clerk replied he had not. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the Lot Cleaning Program, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing. Council Minutes 3/11/74 -1- It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, and passed by the following vote to deny any protests, order the work to be performed in accordance with the City Ordinance and State law, and to authorize the Department of Public Works to engage a contractor on a hourly basis to perform such work as needed. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Mayor Richard Jennings declared that this is the time and place for the public hearing on Downey Improvement Project No. 650, North side of Stewart and Gray Road between Old River School Road and Pomering Road. 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 Donald Winton, seconded by Councilman Walter 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 Ervin Spindel reported on the estimated costs for sidewalk construction at 7435 and 7441 Stewart and Gray Road. He said the costs include sidewalk matching funds. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Engineer's Report. Mayor Jennings inquired if there was anyone present who wished to speak in protest to the improvements, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to close the hearing. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to grant authority to the Department of Community Development to proceed with construction on Downey Improvement Project No. 650, North side of Stewart and Gray Road between Old River School Road and Pomering Road. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the Minutes of the City Council Meeting of February 26, 1974. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Communication from Lewis C. Mills regarding Appreciation to the Department of Public Works/Water Division. Ordered filed. Communication from Cub Scout Pack 1088c regarding Appreciation to the Downey Fire Department. Ordered filed. Communication from Franklin Asa Koontz regarding Appreciation to the Downey Fire Department. Ordered filed. LEGAL CLAIMS (for information only) Ref. #152, Homer Sam Cave/Marion Cave Ref. #153, Joan Steward Ref. #154, Dellane Ann Kelland Ref. #155, David K. Kelland LEGAL CLAIMS (for Council action) Ref. #148, Violet M. Lee Ref. #156, Susan E. Kelland Ref. #157, Bruce L. Yarborough Ref. #158, Mabel T. Pestello Ref. #159, Malcolm G. Meador It was moved by Councilman Donald Winton to accept the Legal Claim of Violet M. Lee. Councilman Joseph DiLoreto asked if the Council would also be approving punitive damages as set forth in the claim. Council Minutes 3/11/74 -2- Ewa City Attorney Royal Sorensen replied the Council cannot approve punitive damages. He said since there is not a specified amount set forth in the claim, he would suggest the Council wait until an amount is specified by the carrier. On the advice of the City Attorney, Councilman Winton withdrew his motion. The matter was held to the next Council meeting. Ref. #150, Allstate Insurance Co. Ref. #151, David A. Dresman It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to deny the legal claims of Allstate Insurance Co. and David A. Dresmaa, as recommended by the insurance carrier. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Communication from First Baptist Church of Downey requesting Permission to Block off Dolan Street between Second and Third Streets on Friday, March 22nd, between 7:00 p.m. and 9:00 p.m. for a junior high church sponsored activity. It was moved by Councilman Donald Winton to approve the request of the First Baptist Church of Downey, pending approval of the City Manager and Staff. Fire Chief Edwin Wood indicated he does not see any problems for the Fire Department. The motion was seconded by Councilman Walter Temple and passed by the following vote. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3178 AND REPEALING SECTION 3153(b) OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO ILLEGAL PARKING 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, Morton, Jennings ORDINANCE NO. 450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 7508 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO THE PAYMENT OF UNDERGROUND UTILITY ASSESSMENTS 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. 450. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings ORDINANCE NO. 451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2505.1 OF CHAPTER 5, ARTICLE II, OF THE DOWNEY MUNICIPAL CODE RELATING TO THE SPECIAL DEPOSIT FUND The Ordinance was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. Council Minutes 3/11/74 -3- It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Ordinance No. 451. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings ORDINANCE NO. 452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING PART 11 TO CHAPTER 5 OF ARTICLE VI, CONSISTING OF SECTIONS 6598 THROUGH 6599.10 RELATING TO THE INSTALLATION AND MAINTENANCE OF PUBLICATION VENDING MACHINES The Ordinance was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple and seconded by Councilman Joseph DiLoreto to adopt Ordinance No. 452. Mayor Richard Jennings asked if all of the statements of the Chief of Police have been complied with in the Ordinance. City Manager Charles Thompson replied yes. He stated further there was a general provision which the City Attorney inserted giving the Director of Community Development the possibility of arranging the Location of the vending machines to best suit the situation and circumstances that might be involved. City Attorney Royal Sorensen said if the Director of Community Development makes the finding that it is not advisable to follow strict requirements of the Code, he can then authorize their location in different places. Mayor Jennings questioned Paragraph D, page 3, and said if there are 20 machines three feet apart, the machines could stretch out for an entire City block. Mr. Sorensen mentioned Paragraph j., page 4, authorizes further provisions if they are necessary to protect the public peace, health, and safety and it gives some standards or guidelines. He said it is necessary to have some standards and then offering deviations where necessary. Roll call vote: AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Councilman Thomas Morton concurred with Mayor Jennings and said an ambiguity does exist. He commented that if the current vending machines in front of the post office were stretched out they would encompass half a block. Councilman Morton said if the purpose of this Ordinance is to control the situation so that there would not be any pornographic views on public sidewalks, will this Ordinance provide that control or will it merely string the vending machines out further apart. He indicated this matter should be reviewed. Mayor Richard Jennings declared a recess at 8:02 p.m. The meeting resumed at 8:12 p.m. with all Councilmen present. RESOLUTION NO. 2908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATION 74/1) The Resolution was read by title only. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, 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. 2908. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Council Minutes 3/11/74 -4- �� „ ms:;>��,z Community Development Director Ervin Spindel reported on the Street Lighting System on Buell Street between Fairford Avenue and Dollison Drive and said the properties will be annexed into the City Lighting District for the Levy of an ad valorem assessment. He indicated the total installation cost will be $1,024; the total operating cost will be $542.28; the payment schedule for the first two years will be $0.4512 per $100 assessed valuation; and the third year and con- tinuing cost will be $0.21 per $100 assessed valuation. Mr. Spindel mentioned these costs are based on the 1973-74 lighting district budget cost and are subject to change. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive and file the Engineer's Report. RESOLUTION NO. 2909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX A CERTAIN AREA TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 74/1) 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. 2909. It was noted this Resolution sets the public hearing for April 8, 1974. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE CITY ENGINEER TO FURNISH PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF ADOREE AVENUE AND OTHER STREETS AND ALLEYS (A.D. 117) 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. 2910. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFI- CATION FOR THE IMPROVEMENT OF ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY OF DOWNEY (A.D. 117) The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt Resolution No. 2911. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVE- MENT OF ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY OF DOWNEY (A.D. 117) Council Minutes 3/11/74 -5- The Resolution was read by title only. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald Winton, 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. 2912 AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENT OF ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY OF DOWNEY (A.D. 117) The Resolution was read by title only. It was moved by Councilman Donald Winton to waive further reading. It was noted this Resolution sets the public hearing for April 8, 1974. Community Development Director Ervin Spindel said under the Streets and Highways Code the hearing must be held within 60 days of adoption of this Resolution. He pointed out that there will only be four Councilmen present on April 8th, and, therefore, the hearing can be opened at that time and then con- tinued to May 13th. City Attorney Royal Sorensen indicated the notice that is mailed to the property owners could contain a flier notifying them that open discussion will be held on May 13th. The motion was 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. 2913. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2914 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE'ADOREE AVENUE AND OTHER STREETS AND ALLEYS IN THE CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (A.D. 117) 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. 2914. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DETERMINING THAT LIQUIDATED DAMAGES SHALL BE PAID (A.D. 117) 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 3/11/74 -6- ^y R It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to adopt Resolution No. 2915. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 636, PIVOT STREET AND KOOPMAN AVENUE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and so ordered to waive further reading. Community Development Director Ervin Spindel distributed a revised copy of the Engineer's Report. He said there is a difference in the date of confirma- tion of the assessment and the interest was recalculated. Mr. Spindel pointed out that two Deeds for Dedication of Access Rights have been received for Site 2, 8107 Phlox Street, and for Site 5, 8121 Phlox Street. He mentioned all pro- perties with the double frontage between Phlox and Pivot were notified by letter as well as a follow-up telephone call to make sure they received the letter and understood what it contained. Mr. Spindel stated it is his recommendation that those who had dedicated access rights not be assessed at all, and if Council desires, the other assessments be confirmed. He read the letter dated February 22, 1974, which was sent to the property owners. Mayor Richard Jennings asked if a person relinquishes his ingress and egress rights and they stay relinquished for 20 years, would any interest accrue. Mr. Spindel replied it would depend on how the Council wanted to set the fee for requiring the vacation of dedication of access rights. He said the Council could set a maximum of ten years; that all the interest rates contained in his report are based on ten years; and the Council could set any amount it wishes as either a service fee or engineering fee, or to have no interest. Mr. Spindel indicated he believes there should be some extra charge because in eight to ten years, if someone wishes access rights and pays the construction costs, the City would have financed the improvement for that owner and would have received no interest. City Attorney Royal Sorensen suggested an agreement between the City and the property owner, whereby the property owner in consideration of the City not collecting the assessment at this time would accept in lieu thereof the convey- ance of the access rights and then the agreement would provide that the access rights could be reconveyed to the property owner or his successor upon demand of payment of the sum and interest rate specified by Council. He said the agreement could be recorded and give notice to subsequent property owners to protect both the property owner and the City. Mayor Jennings suggested the Resolution be taken under submission until the next meeting so that anyone who might have been confused prior to this meeting will have ample time to bring in their deed and apply for waiver. It was moved by Councilman Walter Temple, seconded by Councilman Joseph DiLoreto, and passed by the following vote to take the Resolution under submission until the next Council meeting. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings RESOLUTION NO. 2916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF SAL EPPOLITO TO THE BOARD OF BUILDING APPEALS The Resolution was read by title only. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to waive further reading. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to adopt Resolution No. 2916. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings Council Minutes 3/11/74 -7- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING THAT PROPOSED DOWNEY CITY CHARTER AMENDMENT NO. 1 BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS OF SAID CITY AT A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY OF DOWNEY ON THE FOURTH DAY OF NNE, 1974 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 and seconded by Councilman Walter Temple to adopt. Councilman DiLoreto pointed out his only request is that this matter be placed on the ballot for the people to determine. The Council would be making no determination. Councilman Morton indicated he will be voting "no" on the Resolution. He said any action like this would be unconstitutional and, in his opinion, would be divesting voters of their right to vote for whom they decide in future elec- tions. Councilman Morton mentioned he would be in favor of this going on the ballot, providing citizens sign petitions asking that it be placed on the ballot rather than the City Council putting it on. Councilman DiLoreto noted the Constitution of the State of California, which the Charter has adopted, provides that a resolution requiring a charter amendment can be proposed by the City Council. He said there is no diversion of anybody's rights by the City Council taking the initiative, and he cannot see any problem of placing this on the ballot so that the electorate would have the opportunity to decide. Mayor Richard Jennings suggested the Council conduct study sessions in the Council Chambers in the next two weeks to determine whether there are any portions of the Charter the Council wishes to revise. He said the Council should be sure there are no other Charter revisions because placing one small revision on the ballot could open the door for Charter revisions every election. He reiterated his request for study sessions on this matter so that the Council can go on record that it does or does not want any change Councilman Temple indicated a time factor is involved. He concurred with Mayor Jennings regarding the possibility of other Charter amendments that might warrant Council study. He said if it is wanted on the ballot the Council should perhaps vote on the proposed amendment resolution tonight. Councilman Donald Winton voiced his opinion to the proposed resolution and said such an amendment would effect him immediately and in the next four years. He went on record at this moment as not being interested in a third term. Councilman Winton remarked he has never observed any citizen saying the term of office for City Councilmen should be limited to two terms. He commented that the resolution should have contained information on the motive behind it and, if so, if provisions are to be made for the common person, per se, to serve on the City Council, the resolution should have contained very definite limitations on the spending of exhorbitant funds for seeking the office. Councilman Winton said perhaps persons limited to two terms as Councilmen should possess certain quali- fications to serve in office other than just a qualified elector. Councilman DiLoreto commented on Councilman Winton's remarks regarding the proposed resolution and referenced a recent County Grand Jury report regarding tenure in office of County Supervisors. Councilman Morton reviewed the high caliber of past Councilmen who have served on the Downey City Council and observed the careful wording of the resolution. He stated that such an amendment should be left up to the public through petitions. Roll call vote: AYES: 2 Councilmen: Temple, DiLoreto NOES: 3 Councilmen: Winton, Morton, Jennings Resolution failed. Council Minutes 3/11/74 -8- Councilman Walter Temple was excused from the meeting at 8:46 p.m. RESOLUTION NO. 2917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING SECTION 21023.6 OF THE GOVERNMENT CODE The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to adopt Resolution No. 2917. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple Mayor Richard Jennings declared a recess at 8:47 p.m. The meeting resumed at 9:00 p.m. with Councilmen DiLoreto, Winton, Morton, Jennings present; Councilman Temple absent. It was moved by Councilman Thomas Morton, seconded by Councilman Donald Winton, and passed by the following vote to approve General Warrants #29886 - 29977, $323,207.88, and #29978 - 30053, $44,115.45. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to authorize the Department of Community Development to prepare plans and specifications for Cash Contract #351, Downey Avenue Sewer Main, and grant authority to advertise for bids. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple Cash Contract #344, Wilderness Park Lake Sealing Councilman Joseph DiLoreto questioned the use of the sealant, Petromat, prior to testing its effectiveness. City Manager Charles Thompson said the City will get a guarantee on this, and the material used will be the same that is used on the upper portion of the lake. Councilman DiLoreto asked about water loss per day and whether it would be caused by evaporation, seepage, or drainage. Community Development Director Ervin Spindel replied it would be a combina- tion --it will be much less than half of the current water loss and would be more in the range of what the City could afford. Councilman Thomas Morton inquired if fish will be able to survive in this type of environment. Parks and Recreation Director James Ruth replied yes, and the Department of Fish and Game has assured there will be no problems providing top soil is placed in designated areas within the liner itself so that the fish can lay their eggs. Councilman Morton asked about the length of the guarantee on the liner. Mr. Ruth said 20 years are guaranteed under normal conditions. Discussion followed. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to approve a change.in the original con- tract, authorizing installation of additional Petromat, on Cash Contract #344, Wilderness Park Lake Sealing; authorize an extension in contract time of 60 working days; appropriate $6,000 to Account #4017004; and authorize the following transfer of funds: Amount From To $4,200 A/C #40661 A/C #4017004 Council Minutes 3/11/74 -9- AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple Mayor Richard Jennings stated his concern regarding the manufacturer's guarantee of 70 percent water retention on the first coating of the liner. He asked if any calculations were made to determine how much the annual cost would be for a 30 percent loss of water. Mr. Thompson replied it is his understanding the contractor set a minimum of 70 percent but anticipated 90 percent. He said the original estimate might run $30,000 to $35,000 on the plastic asphaltic liners as opposed to $3,000 to $4,000 for the sealant. Mr. Thompson stated there were a number of investigations made on the use of the sealant where it had been successful and, of course, soil con- ditions vary; that it was worth the calculated risk to try to get by with a $3,000 to $4,000 cost as opposed to the $30,000 - $35,000. Mayor Jennings inquired if soil tests have been made by a registered civil engineer to determine whether this soil is satisfactory for the sealant. Mr. Spindel said a soil report was made and one of the recommendations made was the sealant. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #326, Headquarters Fire Station. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple Mayor Richard Jennings asked when the groundbreaking will take 'place. Fire Chief Edwin Wood said the groundbreaking will be as soon as advertising for bids has been completed and this matter comes back to the Council. It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to authorize initiation of Chapter 27 proceedings for sidewalk construction on Downey Improvement Project No. 651, South side Stewart and Gray Road between Rives Avenue and Paramount Boulevard, and approve Matching Funds for sites 4, 5 and 6 in the amount of $315. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple It was moved by Councilman Donald Winton, seconded by Councilman Thomas Morton, and passed by the following vote to authorize initiation of Chapter 27 proceedings for sidewalk construction on Downey Improvement Project No, 652, South side of Brookmill Road between Rives Avenue and Morning Avenue, and approve Sidewalk Matching Funds in the amount of $92. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSENT: 1 Councilmen: Temple It was moved by Councilman Donald Winton to authorize solicitation of proposals for preparation of the General Plan Seismic and Noise Elements. Councilman Joseph DiLoreto asked if the noise element and seismic element would comprise the noise ordinance. Community Development Director Ervin Spindel replied this will provide the basis for a noise ordinance. Councilman Thomas Morton pointed out every major industrial plan in the State has conducted major studies on this and there are volumes written on noise elements and seismic safety. He indicated he will go along with it if it is necessary, but he questions the expenditures. City Manager Charles Thompson stated in regard to the noise element, some of the tasks that would have to be performed could not be performed in staff unless people were assigned strictly for this project. Councilman Morton mentioned the Motor Vehicle Code contains decibel call -outs, and studies have shown anything in excess of 85 decibels is detrimental to human health and emotions. He said this is just a matter of determining what areas of the City have a noise element of less than 85 decibels or have a greater count. Council Minutes 3/11/74 -10- Councilman DiLoreto asked if a decibel meter had been approved in the 1973-74 budget. Mr. Spindel explained that a decibel meter would be necessary for enforc- ing the ordinance and that such equipment should not be acquired prior to a more expertise study. Discussion followed. Councilman Winton indicated he is in favor of soliciting proposals if staff says it cannot do the study, and this would enable him to see what would be necessary in the study and he could equate what the City staff could or could not do. Mayor Jennings referred to the same question that arose when $15,000 was appropriated in November, 1972, at which time it was stated that a comprehensive zoning ordinance would be received. He said that now, in March 1974, the City still does not have a comprehensive zoning ordinance. Mayor Jennings asked that if and when the Council authorizes estimates or requests from consultants regard- ing these elements, that part of the project be to prepare a noise element ordinance that can be adopted. Mr. Thompson commented that the zoning ordinance referred to by the Mayor has been prepared and the draft ordinance is under final staff study and will be submitted to the Planning Commission. Mayor Jennings said his request is that the proposals from the various con- sultants contain a noise ordinance ready to adopt. Mr. Spindel stated this request might be classified as an alternate due to additional costs. He said the proposal elements should be prepared in such a way that it will give the City the basic date required for preparation of the noise ordinance. Mr. Spindel indicated possibly an alternate could be submitted for the consultants to prepare the noise ordinance and see how much it would cost. Discussion followed. The motion to authorize solicitation of proposals was seconded by Councilman Joseph DiLoreto. Roll call vote: AYES: 2 Councilmen: Winton, Jennings NOES: 2 Councilmen: DiLoreto, Morton .ABSENT: 1 Councilmen: Temple Failed. Purchase Contract #184, Three Year Contract for New Police Patrol and Detective Vehicles and Maintenance thereof Councilman Thomas Morton asked if Dodge has the facilities to maintain the equipment. City Manager Charles Thompson replied it is his understanding Dodge has the best facility in the area. He said Dodge services Highway Patrol vehicles, and Highway Patrol is satisfied with its maintenance. Mayor Richard Jennings commented on the purchase price as compared to the trade-in price after one year and inquired about getting a maintenance contract for the second year. It was pointed out that after the first year the police vehicles have approxi- mately 40,000 to 50,000 miles on them. Discussion followed regarding the City conducting the sale of its used police vehicles. Purchasing Agent Russ Reynolds indicated to prepare a police vehicle for sale, the City would have to certify as to its condition on the resale market, and this would be an expensive item. Discussion ensued regarding the safety factors that would have to be certified on police vehicles and of the City's liability even after the vehicles are sold. Council Minutes 3/11/74 -11- 19. Councilman Morton questioned the necessity for large engines in the police vehicles. Mr. Thompson explained the specification bid was to reduce engine size from that currently being used, however, it is a small decrease in size. He said a study was made of the gasoline mileage attained by the various makes and models of cars and the EPA's report on gasoline mileage of all the different makes and models, and the conclusion was reached that any size car in the range of a Plymouth, Dodge or Ford had no significant change in mileage from one model to the other unless a compact car was considered. Mayor Jennings again inquired if the City could get a two-year service con- tract. Mr. Thompson stated he will explore this to see if it is possible to get a second year maintenance contract and then compare that additional cost with the differential here. Councilman Donald Winton asked about retiring the police vehicles for semi - placid use. Mr. Thompson mentioned smaller cars are being used in other areas and plans are to go to still smaller cars. He said if these larger engine vehicles are retained, it would defeat the purpose of lower gasoline mileage and maintenance costs. Discussion ensued. Mayor Jennings suggested taking this matter under submission pending informa- tion on a two-year maintenance contract. Mr. Thompson mentioned the City is without a contract at this point. He said that element can be investigated, but the City is at the end of its contract and has no maintenance. Councilman Walter Temple returned to the meeting at 9:50 p.m. City Attorney Royal Sorensen stated bids are called as a specific item, and a contract can be negotiated with any terms that are mutually acceptable. He said if the City were allowed to negotiate a 60-day cancellation clause on the maintenance contract, he suspects the other party will want a 60-day cancellation right also, which may or may not be to the City's advantage. Police Chief Loren Morgan reported the bid price is predicated upon the cars being traded at 40,000 miles or one year, whichever is first, and the 40,000 miles generally occur around eleven months. He said the bid also included a maintenance contract based upon cost per mile, and it has been the experience the cars begin to fall apart at 40,000 miles; that if the bid was predicated on a two-year maintenance contract, the bid would have been much higher. Chief Morgan commented on the bid analysis and said Dodge comes through as the low bidder with an A-1 rating from the California Highway Patrol. It was moved by Councilman Thomas Morton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Purchase Contract #184 - Three Year Contract for New Police Patrol and Detective Vehicles and Maintenance thereof, to Downey Dodge, Inc. for the amount bid, and reject all other bids. Councilman Walter Temple indicated inasmuch as he was not present through the total discussion he will abstain from voting on this matter. AYES: 4 Councilmen: DiLoreto, Winton, Morton, Jennings ABSTAIN: 1 Councilmen: Temple Request for Building Permit in conformance with Interim Ordinance #440, for Stage Construction of Apartments to be located at 11718 Coldbrook Avenue Councilman Thomas Morton inquired regarding the status of the Council action on the Apartment House Study Committee's Report. Community Development Director Ervin Spindel replied the recommendations of the Committee are being incorporated into the new zoning ordinance and building code which are in the process of being revised. City Planner William Goggin noted the recommendations of the Committee have been incorporated in the adopted interim ordinance of the Council. City Attorney Royal Sorensen commented that the adopted interim ordinance is an emergency ordinance. Mr. Goggin reported the new zoning ordinance is now in the hands of the Planning Commission. Council Minutes 3/11/74 -12- Mr. Coggin explained the request is for a 12-unit apartment with parking underneath the rear portion of seven units and also along the rear property line. He said the access driveway will be on the south side and the full width would be 20 feet. Relative to the Apartment House Survey, Mr. Goggin stated the applicant with some modifications can meet those requirements, however, he is deficient in the zoning that exists in the recreational area. He indicated he does not believe credit should be given for the courtyard in the entrance as recreational area be- cause it is not usable for that. Mr. Goggin stated further that there are two types of roofing on the same structure which is questioned as being proper design. He offered the following alternatives, should the Council approve the request: The design should be a double wall construction or staggered stud wall; there should be a landscaping plan prior to the building permit being issued; and, there should be modifications on the plan regarding future sliding doors on the south side which open onto a driveway and is a detriment. Mr. Goggin stated under the Code, the applicant is to take a building permit without fee and submit it to him for review of the plans; that under the interim ordinance he then makes his report to the Council and the Council takes action -- there is no appeal and it does not go before the Planning Commission. Councilman Joseph DiLoreto asked if this is denied, could the applicant file for a zone exception. City Attorney Royal Sorensen said the applicant could not because the interim ordinance prohibits apartment construction absent approval of the Council. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to deny the plans and not approve the Request for Building Permit for Stage Construction of Apartments to be located at 11718 Coldbrook Avenue. Referring to the roof design consisting of shake in the front and composi- tion on the back, Councilman Temple said this has been allowed to happen on Fifth Street. Mr. Goggin indicated there is nothing in the code to prevent it, however, he was raising the issue under the basis of the design and review section of the ordinance which the Apartment House Committee concerned itself with and made recommendation. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings t for approval of Building Permit in conformance with Intl artments to be constructed at 10633 Western Avenue City Planner William Goggin reported on the request to build two four -unit apartments, both to be placed on lots 52 feet in width, which meets all of the code requirements. He stated if these are construed as two individual four -unit apartments, then under the Apartment House Committee's report, and from the action the Council has taken, there is the option of requiring additional parking for guests. Mr. Goggin said there is space in the rear of the property which would permit one guest parking space for each four units. Following discussion, Mr. Coggin pointed out there is 750 square feet of open space in the rear of the property, which is almost double what is required by ordinance. He mentioned the additional parking would be between the two buildings and would still provide a walkway through the back and still provide a parking pad. Mr. Goggin drew an outline on the board showing exactly where the additional parking would be located. It was moved by Councilman Thomas Morton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the request for approval of building permit for apartments to be constructed at 10633 Western Avenue with the addition of off-street parking. AYES: 5 Councilmen: Temple, DiLoreto, Winton, Morton, Jennings ORAL COMMUNICATIONS Mr. David Almenza, owner of property at 11718 Coldbrook Avenue, requested a more explicit definition of what the Council requires for open space. He said he has not seen any definition as far as dimensions or square feet. Council Minutes 3/11/74 -13- Mayor Richard Jennings suggested to Mr. Almenza that he meet with Mr. Coggin to go over the plans to see what can be done to make them acceptable. Mr. Dick Raabe, 11627 Downey Avenue, commended the City Council for sitting up and watching where the tax dollars go. He further commented on the City's police and fire departments and said they should be given the best there is. Mr. Raabe expressed his concern regarding the wooden plaque located just inside the entrance to the Council Chambers. He suggested the plaque be placed under protection where the general public could see it but not touch. Mr. Raabe commended the City for winning a trophy for its entry in the Pasadena Tournament of Roses Parade. Mr. Ken Miller, 7336 Cleargrove Drive, commented on the Utility Users Tax study. Mayor Jennings said the study is being conducted by the City Manager. Discussion followed regarding equating Utility Users Tax to Property Tax. Councilman Walter Temple requested steps be taken to obtain a Bicycle Path Entrance to Wilderness Park. Community Development Director Ervin Spindel said talks are now under way with the Flood Control District to build ramps across the channel. Parks d Recreation Director James Ruth said approval has been received from the County to install an entrance to the Wilderness Park for the bicycle trail at no cost to the City. Councilman Temple discussed Gasoline Service Station Hours of being open for service in an effort to remedy long lines of vehicles awaiting gasoline. Police Chief Loren Morgan said the Police Department is now observing whether or not service stations in the City are contrary to the State laws regarding post- ing of service hours. Councilman Temple asked that City staff continue to maintain surveillance on inoperative gasoline stations. Fire Chief Edwin Wood said the Fire Department is keeping a close watch on such service stations in conformance with the City ordinance relating to abandoned underground storage tanks. There being no further business to come before the City Council, the meeting was adjourned at 10:50 p.m. Robert L. Shand, City Clerk -Treasurer Richard . Jennings 101yor Council Minutes 3/11/74 -14-