HomeMy WebLinkAboutMinutes-05-13-74-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
- MAY 13, 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.
Resolution #2941, Confirming Assessment
for Chptr. 27 Proceedings for DIP #644,
Sites 1,2,3,4,5,6,7 & 8, S/s Benares St.,
Mitla to Ryerson
Adopted
Resolution #2942, Confirming Assessment
for Chptr. 27 Proceedings for DIP #645,
Sites 3,4,5,6,7,8,9 & 10, S/s Benares St.,
Ryerson to Old River School Rd.
Adopted
DIP VP651, S/s Stewart & Gray Rd. bet.
Rives & Paramount - Auth. Dept. Community
Development to proceed w/construction
Approved
Ordinance, Amending Sec. 9200.05, Adding
Sec. 9248-9248.8 DMC re Subdivision &
Condominium Projects & Amend Sec. 9127
re Parking Requirements
Introduced
Assessment District 117, Adoree Avenue
& other streets & alleys
Hearing continued to 6/10/74
Minutes, April 23, 1974 Approved as corrected
Comm. from Congregational Church of
Downey re Appeal to Decision of Planning
Commission (ZEC #1168, 9516 Downey Ave.) Hearing set for 6/10/74
Distribution of City maps for citizens
to suggest bike routes Approved
Request for Leave of Absence for Mrs.
Muriel Raymond, without pay Approved
Legal Claims (information only)
#166, State Farm Insurance
#168, Automobile Club
#169, Allstate Insurance
#170, Thomas Salmons
#171, Patricia E. Train
#172, Farmers Ins. Group Leasing No action
Legal Claims (for Council action)
#144, James & Marilyn Coleman
#164, Janet Marie Stone
#165, State Farm Insurance
#167, Rene Armenta Denied
Ordinance #459, Amending Sec. 7175 DMC
re Driveway Approaches Adopted
Ordinance, Amending DMC re Bldg. Code
to Define "Condominium" & to Assign
it an Occupancy Classification Introduced
Resolution #2943, Ordering Dir. Comm.
Dev. Make Report (Annex. 74/13) Adopted
Report of Dir. Comm. Dev. Received & filed
Resolution #2944, Declaring Intention to
Annex to City Lighting District
(Annex. 74/13) Adopted
Hearing on Annex. 74/13 Set for 6/10/74
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Page 1 of 2
TABLE OF MINUTE ACTIONS
COUNCIL MINUTES MAY 13, 1974
SUBJECT: ACTION:
Resolution #2945, Supporting Bid of
City of Los Angeles to Stage Summer Games
of XXII Olympiad in 1980 Adopted
Resolution #2946, Apprvg. Contract w/Dept.
Calif. Highway Patrol for Participation in
Abandon Vehicle Abatement (AVA) Program Adopted
Resolution #2947, Providing Cost of
Living Increase for Misc. Employees Adopted
Resolution #2948, Apprvg. Appointment
of John D. Lemons to Board of Building
Appeals Adopted
Resolution #2949, Apprvg. Appointment
of Mrs. Sara M. McCart to Planning
Commission Adopted
General Warrants #30760-30862,
#30863-31075, #31076-31195
Approved
CC #346, Slurry Seal Fiscal Year
1973-74 - Award of contract
Approved
CC #349, Adoree Ave. - Storm Drain
Taken under submission
CC #325, Wilderness Park Nature Museum -
Acceptance of Building; time ext. to
10/12/73; assmt. of liquidated damages;
changes w/net credit to City
Approved
CC #336, Wilderness Park Security
Lighting - Acceptance of Ltg. completed;
extra work; & time ext. of 30 days
Approved
CC #350, Tennis Courts, Bellflower B1. -
P1ans, specs, auth. Dept. Comm. Dev.
to advertise, & transfer of funds
Approved
Report on Tree Removal, 12166 Julius Ave. -
Removal of trees; inst. of curbs & gutter Approved
DPC #77, N/s Florence E/o Downey Ave. -
Accept dedication; auth. reimbursement
to developer
Req. for Bldg. Permit for Conversion of
Existing Motel to Apartment -Hotel at
12431 Woodruff Ave.
Req. for Bldg. Permit for Apartments to
be constructed at 10341 Western Ave.
PC #186, Painting Interior of Library -
Award to Richard Cramer, Inc.
PC #187, Fencing & Gates, Wilderness
Park - Approve contract
Downey Community Hospital Budget,
1974-75
Downey City Budget, Fiscal Year 1974-75
Insurance Bid Procedure for City -
City Manager to provide info to any
insurance agent or broker re proposal
for insurance coverage
Approved
Approved
Approved
Approved
Motion failed -
Taken under submission
Taken under submission
Hearing set for 5/28/74
Approved
PAGE NO.
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Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
MAY 13, 1974
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
May 13, 1974, in the Downey Theatre, 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
Mark Allen, Jr., Acting City Attorney
Ervin Spindel, Director of Community Development
Richard D. Patton, Director of Finance
James D. Ruth, Director of Parks & Recreation
Edwin H. Wood, Fire Chief
Ray Lake, Building Official
Frances Carter, Assistant City Planner
Joseph Guthrie, Captain, Police Department
Robert R. DeSio, Superintendent, Physical Services
Harald J. Henriksen, City Engineer
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Harold L. Adams, First Baptist
Church, followed by the Flag Salute led by City Manager Charles Thompson.
With the assistance of Fire Chief Edwin Wood, Mayor Richard Jennings pre-
sented Commendations to Mr. Charles Funkhouser and Mr. Don Bradley for rescuing a
young child from a swimming pool on March 20, 1974.
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 644, Sites 1, 2, 3, 4, 5, 6 7
and 8, South Side Benares Street between Mitla Avenue and Ryerson Avenue. 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 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, and the City Clerk replied he had not.
Community Development Director Ervin Spindel reported the construction has
been completed under provisions of Chapter 27 of the 1911 Act, and this is a
hearing on the confirmation of assessments. He stated the total cash assessment
for each site is $45.00; the total interest for each one-year assessment commenc-
ing June 13, 1974 is $1.22; and the total amount to be collected over a one-year
period for each site is $46.22.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to accept the report of the City Engineer.
Mayor Jennings inquired if there was anyone present who wished to speak in
protest to the improvements.
Mr. Virgil Beach, 7168 Benares Street (Site 6), said the City put in the
approach and paveout which appears to be part of the street. He asked why the
property owners would have to pay for part of the street when it belongs to the
City.
Mr. Spindel explained in Downey, the property owners pay a small portion of
the assessment for one-half of the cost of paveout, which is a maximum six feet
from the gutter line. He said after the street is paved to City standards and
accepted, the City takes over the maintenance for any repaving or repatching at
no expense to the property owner.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to close the hearing.
Council Minutes 5/13/74 -1-
RESOLUTION NO. 2941 /'
'�CLK' l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 644, SITES 1, 2, 3,
4, 5, 6, 7 AND 8, SOUTH SIDE BENARES STREET, MITLA
AVENUE TO RYERSON AVENUE
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilwoman Hazel Scotto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to adopt Resolution No. 2941.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 645, Sites 3, 4, 5 6 7 8
9, and 10, South Side Benares Street between Ryerson Avenue and Old River
School 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 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, and the City Clerk replied he had not.
Community Development Director Ervin Spindel reported construction has been
completed under provisions of Chapter 27 of the 1911 Act. He further reported
on the costs as follows:
Site 3, 7234 Benares St. - Total Cash Assessment,$39.00; interest for
one-year assessment, $1.05; total to be collected over one-year period,
$40.05.
Site 4, 7240 Benares St. - Total Cash Assessment, $39.00; interest for
one year assessment, $1.05; total to be collected over one-year period,
$40.05.
Site 5, 7252 Benares St. - Total Cash Assessment, $31.00; interest for
one-year assessment, $.84; total to be collected over one-year period,
$31.84.
Site 6, 7260 Benares St. - Total Cash Assessment, $618.50; total interest
for ten-year assessment, $226.75; total to be collected over ten-year
period, $845.25.
Site 7, 7302 Benares St. - Total Cash Assessment, $57.00; total interest
for one-year period, $1.54; total to be collected over one-year period,
$58.54.
Site 8, 7308 Benares St. - Total Cash Assessment, $692.25; total interest
for ten-year assessment, $253.79; total to be collected over ten-year
period, $946.04.
Site 9, 7314 Benares St. - Total Cash Assessment, $516.00; total interest
for ten-year assessment, $189.16; total to be collected over ten-year
period, $705.16.
Site 10, 7322 Benares St. - Total Cash Assessment, $16.00; total interest
for one-year assessment, $.43; total to be collected over one-year period,
$16.43.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and so ordered to accept the report of the City Engineer.
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 Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to close the hearing.
Council Minutes 5/13/74 -2-
RESOLUTION NO. 2942 ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 645, SITES 3, 4, 5,
6, 7, 8, 9 AND 10, SOUTH SIDE BENARES STREET, RYERSON
TO OLD RIVER SCHOOL ROAD
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further
reading.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote to adopt Resolution No. 2942.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 651, South side of Stewart and
Gray Road between Rives Avenue and Paramount Boulevard. 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 Joseph DiLoreto, 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 this is a hearing
under provisions of Chapter 27 of the 1911 Act for the construction of sidewalks
on the south side of Stewart and Gray Road between Rives and Paramount. He said
since the Council authorized the institution of these proceedings, Parcels 1, 2,
and 3 were constructed with sidewalks; Parcels 4 and 5 have deposited funds with
the City to ensure construction; and Parcels 6 and 7 have not responded. He
requested authority to proceed with construction on these parcels.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to accept the report of the City Engineer.
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 Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to close the hearing.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to grant authority to the Department
of Community Development to proceed with construction on Downey Improvement
Project No. 651, South side of Stewart and Gray Road between Rives Avenue and
Paramount Boulevard.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Mayor Richard Jennings declared
public hearing on Proposed Amendments
Zoning Ordinance and Subdivision Regu
the Affidavit of Publication. to whit
that this is the time and place for the
to the Downev Municipal Code (Comorehensi
lations). He inquired if the City Clerk had
h the City Clerk responded in the affirmative.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and so ordered to receive and file the Affidavit.
Assistant City Planner Frances Carter reported on the addition of new sec-
tions to the subdivision regulations and zoning ordinance in the City which will
establish controls over the development of condominium buildings. He said an
interim ordinance is now in effect to control such proposals, and if the proposed
code sections are adopted, they will replace the interim ordinance and become a
permanent part of the Downey Municipal Code. Mr. Carter mentioned the Planning
Division has researched many ordinances of cities within the State and finds
these amendments will provide the controls needed. He commented more fully on
the sections contained in the proposed ordinance.
Council Minutes 5/13/74 -3-
Mayor Jennings inquired if the City Clerk had received any written corres-
pondence on this matter, and the City Clerk replied he had not.
Mayor Jennings inquired if there was anyone present who wished to speak in
opposition or in favor to the proposed code amendments, and there was no response.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and so ordered to close the hearing.
Councilman DiLoreto inquired about a section giving persons the right to
appeal or redress denial of their request.
Mr. Carter said such a section is already contained in the subdivision
regulations, and anyone has the right on a subdivision to appeal any of the re-
quirements that might be made by the Commission to the City Council.
For the record, Councilman DiLoreto stated the Council in effect is not
passing an ordinance which would give persons who are denied relief requested
the right to redress or appeal to the City Council because this ordinance makes
no provision, although it attempts to set forth the new heretofore unknown section.
Discussion followed.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9200.05 AND ADDING SECTIONS 9248
THROUGH 9248.8 TO THE DOWNEY MUNICIPAL CODE RELATING
TO SUBDIVISION AND CONDOMINIUM PROJECTS AND TO AMEND
SECTION 9127 RELATING TO PARKING REQUIREMENTS
The Ordinance was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilwoman Hazel Scotto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to introduce the Ordinance.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
The combined hearing on the Resolution of Convenience and Necessity and the
Resolution of Intention for Assessment District 117 heretofore having been
opened on April 8, 1974, and continued to this date, Mayor Richard Jennings
declared that this is the time and place for hearing further evidence to
determine whether the public convenience and necessity require the improvement
of Adoree Avenue and other Streets and Alleys within the City of Downey in
accordance with the provisions set forth in Resolution of Intention No. 2914.
Mayor Jennings inquired if Councilwoman Hazel Scotto had read the trans -
script or listened to the tape of the hearing on the assessment district, and
she said yes.
Mayor Jennings further declared the hearing open.
Community Development Director Ervin Spindel reported on the location and
the proposed construction involved. He said the estimated costs are considerably
higher now than they were when the original assessment district was first con-
ceived and is due to the severe increase in costs of materials resulting from the
rising price of petroleum products. Reporting on the protests received, Mr.
Spindel stated nine written protests were received prior to the April 8th hearing,
which represented 2.2 percent of the total area; three written protests were
received between April 8th and May 13th, representing about one percent of the
area; and a petition has been received containing 171 signatures, containing
eleven signatures of protestors who had street agreements with the City, which
the right to protest the assessment district for the construction of alleys was
waived. Mr. Spindel indicated four of the 171 signatures on the petition have
not been verified as being property owners in that area, however, they may have
been recent acquisitions and are still being checked out. Therefore, he said,
the total amount of verified owners in protest is 152, or 47.7 percent of the
total area. He pointed out that the petition received was in protest to the
construction of alleys only.
Council Minutes 5/13/74 -4-
A presentation of slides was narrated by City Engineer Harald Henriksen.
The slides consisted of streets and alleys previously improved; streets and
alleys in the proposed assessment district showing the lack of improvements;
alley configurations; assessment district costs to the City; and assessment
costs to the property owners.
Mayor Jennings asked for citizen cooperation during the hearing. He stated
any person wishing to address the Council and holding the same viewpoint of
another person should state his name and address and the fact that he is in
agreement with another speaker.
Mayor Jennings inquired if there was anyone present who wished to speak for
the making of the improvements under Assessment District 117.
Mrs. Leslie Moore, owner of one-half interest in 8120 and 8122 Priscilla
Avenue, stated she is in favor of the curbs, gutters, street paveouts, and
street resurfacing and reconstruction as needed, but is very much opposed to the
alley construction at this time.
Mayor Jennings inquired that if the City considers Mrs. Moore's recommenda-
tions, would alley intersections have to be included for proper drainage. Mr.
Spindel said yes.
Mr. Thomas Howe, owner of property at 12846 Gneiss Avenue, and one-half
owner of 8229 and 8230 Cheyenne Avenue, concurred with Mrs. Moore.
Mr. Jack H. Mitchum, 8120 Comolette Avenue, spoke in favor of the alleys
but not the streets and said he does not want to be assessed for a corner lot.
He asked about the use of Federal Funds for this project.
City Manager Charles Thompson informed Mr. Mitchum that there are no
Federal moneys involved in this project --the City funds used will be out of
General Funds or Gas Tax moneys.
Josephine Howe, 8020 Priscilla Avenue, agreed with Mrs. Moore.
Mrs. Rasmussen, owner of property at 8200 Puritan Avenue, agreed with Mrs.
Moore.
Mr. Kenneth Johnson, 8227 Comolette Avenue, agreed with Mrs. Moore and
raised questions regarding the alley assessments.
Mr. Clyde McAdams, 8116 Adoree Street, stated he feels the paved alleys
would improve the properties.
Mr. William Holtz, 8224 Devenir Street, discussed the street and alley
assessments. He indicated he is in agreement with the improvements.
Mayor Jennings informed the audience that the hearing is being taped on a
recorder, is being taken in shorthand, and will be studied by the Community
Development Department.
Rosalie Schneider, 12942 Brock Avenue and 8103 Cheyenne Avenue, called for a
more equitable treatment of citizens by the City regarding payment of costs for
alley improvements.
Community Development Director Ervin Spindel explained it is recommended
the cost of alley reconstruction be paid for by the City. He said this is in
areas where the alley had been improved and paid for by the property owners pre-
viously and accepted by the County before the City's incorporation. Mr. Spindel
commented it is felt it is not right to have a property owner pay for construction
twice and that is why he is recommending the reconstruction of alleys which have
been previously constructed and accepted, amounting to $9300 throughout the total
district, be made a part of the City's contribution. He mentioned the construc-
tion will be done by private contractor under competitive sealed bids, and it is
hoped the bids will be lower than estimated.
Mr. Charles Lemke, 8224 Adores Avenue, inquired if the assessment district
will come about by vote of the people or decided wholly by the City Council.
Acting City Attorney Mark Allen advised the City Council is required to hold
the hearing and to consider protests. He indicated the law provides that the
City Council must act on those protests, and if it overrules the protests, it may
proceed with the district.
Council Minutes 5/13/74 -5-
Mr. Raoul Chavez, owner of property at 13005 and 13013 South Downey Avenue,
indicated the estimated assessments for the alley behind his properties show one
parcel higher than the other, yet both parcels are identically the same in size
and width. When asked to state his position on this matter, he said he agrees
with Mrs. Moore. Mr. Chavez mentioned the parcel numbers on his properties are
Assessment District Parcel No. 278 and 310.
Mayor Jennings pointed out that if the assessment district is voted to pro-
ceed, there will be another hearing after construction to fix those definite
costs on each parcel, which will be the definite contractor's costs.
Florence Mitchum, 8120 Comolette Avenue, stated she wants her alley paved
because of the dust and dirt. She indicated she has bought and paid for her
curb, gutter, and paveout.
Mr. George Johnson, 8029, 8033, and 8037 Cheyenne Avenue, protested the
high cost for alley improvements and stated although he does have curbs, gutter,
and paveout in front of the property, he cannot understand why the cost for the
alley should be so much higher than the street improvements. He inquired if the
electric company and water company could share the cost of the alley improvements
since they have right-of-way through the alleys. Mr. Johnson asked if the alley
improvements are voted down by the Council, and the assessment district still
goes through for resurfacing, curbs and gutters, will the parcels that are
already improved have to share the costs with those that are not.
Mr. Spindel replied this will have to be reviewed. He said if the assessment
district is for curbs, gutters, and street improvements only, there would have to
be a new Resolution of Intention and probably a new hearing, and he does not think
alleys could be deleted under the present Resolution of Intention while still
going ahead with the street work. Mr. Spindel indicated the assessment would
have to be reviewed prior to answering Mr. Johnson's questions.
Mr. Allen stated the legal rule is that the assessment is supposed to be
distributed to property owners based upon the benefit they receive, and the
Engineer will develop and spread an assessment based upon his view of the benefit.
He said the Engineer will notify the property owners that he is reporting that
assessment to the City Council, and if it is the property owner's view that the
assessment has not been spread in accordance with benefits, a protest can be made
at the second hearing before the Council.
Mr. Johnson discussed the drainage on Cheyenne and stated he is against the
alley improvements inasmuch as he considers the assessment excessive.
Reporting on the two assessments of Mr. Raoul Chavez, Mr. Spindel stated the
assessment on Parcel No. 278 was for alley only at $655; Parcel No. 310 is $745
for alley and paveout on the street, the difference being for the paveout.
Mrs. VanHolzbeck, owner of 8127 Cheyenne Avenue, agreed with Mrs. Moore.
Mr. Dan Hartman, 8024 Adoree Avenue, spoke in favor of the assessment district.
Mr. Clyde Cooley, 8020 Adoree Avenue, spoke in favor of the assessment
district.
Mr. Eugene Hawk, 8211-8215 Gardendale Street, agreed with Mrs. Moore.
Johanna Widman, 8125 Devenir Avenue, objected to the costs but spoke in
favor of the improvements.
Dorothy Cosgrove, 12807 Gneiss Avenue, stated she shares her alley with her
neighbor, yet his costs are lower and she has curb and gutter, After Mr. Spindel
- pointed out that her improvements include a new driveway, she said her neighbor
is getting one too, and he does not have curb and gutter. Mrs. Cosgrove asked if
she and her neighbor could get together and have it done privately as long as it
was according to code, inasmuch as she feels they can have it done for less than
estimated.
Emma Costa, owner of property 12941-43 South Downey Avenue, stated her
opposition to the alley improvements.
Mr. Richard L. Hughes, 8041 Cheyenne Avenue, stated his opposition to the
alley improvements.
Council Minutes 5/13/74 -6-
'4886
Mr. Jack Mitchum, 8120 Comolette Avenue, addressed the City Council regard-
ing the $31,000 for storm drain, which he said he pays for out of property taxes.
Mr. Bob Jordan, 8032-8036 Comolette Avenue, stated his opposition to the
alley improvements.
Mr. Cesar Lee, 8102 and 8224 Comolette Avenue, agreed with Mrs. Moore.
Joan Whitman, spoke in disagreement with sharing the cost for corner
properties. She asked about a Federal grant being used.
Mr. Jennings stated there is no Federal grant --there is a Residential
Rehabilitation Program under Federal Revenue Sharing money, but it has nothing to
do with the assessment district.
Helen Jackson, 8238 Comolette Avenue, agreed with Mrs. Moore.
Mr. James Wilson, 8040 Puritan Avenue, agreed with Mrs. Moore.
Mrs. Henry Martin, 8231 Comolette Avenue, agreed with Mrs. Moore. She re-
ferred to a previous discussion at a citizen meeting regarding trash pickup in
the alley, and she pointed out that there is no way a City truck can make a
right or left turn in the "T" alley on Comolette.
Mr. Walter Larsen, 8119 Devenir Avenue, said he is dismayed over the costs
for the alleys but will go along with it because he thinks it will help property
values, particularly in the case of resale.
Mr. Richard Rubio, 8027 Comolette Avenue, stated his opposition to the
alleys.
Rosalie Schneider indicated she is not in favor of the alleys because they
are used as thoroughfares.
Mr. Dave Huff, 12848 Brock Avenue, agreed with Mrs. Moore.
Phyllis Howe, owner of 12839 Gneiss Avenue and 8150 Comolette Avenue,
Parcel 81, and one-half owner of 8229-8231 Cheyenne Avenue, Parcel 241, spoke
in agreement with the curb and gutter but against the alley.
Mr. Clyde McAdams, 8116 Adores Avenue, raised questions regarding the
specifications for alley construction.
Mr. Spindel explained the procedure for paving streets and alleys and the
materials used.
Mrs. Earl Arnold, 8115 Comolette Avenue, indicated there is no benefit for
having the alleys paved, inasmuch as they cannot have their trash picked up and
they do not have a garage to the alley. She asked the Council to take this into
consideration.
Mr. Norman Nash, 8151 Comolette Avenue, stated he is in agreement with Mrs.
Moore. He expressed his concern that the City will spray the weeds in the alley
if the alley is not paved, and the spray will destroy his flowers.
Mr. Spindel explained the cleaning of unimproved alleys is the responsibility
of the property owner, and if the property owner does not clean the alley after
notices are sent out, the City will have it cleaned. He said Mr:. Nash's flowers
have not been sprayed in the past.
Mr. Bob Farrington, owner of 8046 Devenir Avenue, stated his opposition to
the assessment district.
Mayor Jennings asked Mr. Farrington to wait and speak after he calls for
speakers in opposition.
Mr. C. T. Smith, 8205 Devenir Avenue, spoke in favor of the assessment
district.
Minerva Jackson, 8051 Cheyenne Avenue, agreed with Mrs. Moore.
Mr. Donnie Whittenberg, 8105 Puritan Avenue, spoke in favor of the paving
and in opposition to the division of costs.
Mr. Norman Nash made inquiries regarding a fire plug and the water system.
Council Minutes 5/13/74 -7-
Mayor Jennings inquired if there was anyone else wishing to speak in favor
of the assessment district, or portions thereof, and there was no response. He
inquired if there was anyone present who wished to speak in protest.
Mr. Jerome Rossiter, 8202 Adoree Avenue, spoke on behalf of the people who
circulated the petion and said the signatures, representing 47 percent in pro-
test, were obtained in a period from the time the last assessment notice was sent
out. He suggested cancelling the assessment district and starting over with
street assessments. Mr. Rossiter discussed the increase in estimated costs and
said the City should participate and get the streets put in and forget about the
alleys.
Mrs. Rasmussen, 8200 Puritan Avenue, agreed with Mr. Rossiter.
Mr. Thomas Howe, 12846 Gneiss Avenue, Assessment District Parcel No. 113,
mentioned the petition is available for those wishing to sign, and he asked if it
is too late for the people to sign the petition to increase the 47 percent.
Mayor Jennings indicated the Council would like to have the petition because
it is interested in the general feeling of the area.
Acting City Attorney Mark Allen stated the law provides that the Council is
bound by the protests filed before the start of the hearing and is not bound by
the protests filed subsequent. However, he indicated, there is no reason the
Council cannot, if it wishes, consider those protests.
Mr. Howe then inquired if those people here tonight that have not signed
the petition may do so and present it to the Council.
Mayor Jennings stated the Council would like to have it, whether it was
signed prior or signed tonight.
Mr. Charles Lemke, 8224 Adoree Avenue, supported Mr. Rossiter.
Betty Goble, 8214 Adoree Avenue, agreed with Mr. Rossiter.
Carol McCracken, 8208 Adoree Avenue, supported Mr. Rossiter.
Mr. Bob Farrington, 8046 Devenir Avenue, said he is against all of it until
he is told exactly what it is going to cost.
Mayor Jennings informed Mr. Ferrington that the next public hearing will be
after the construction is completed, and that is when the exact costs will be
known.
Mr. Clyde McAdams, 8116 Adoree Avenue, indicated he would like to join in
the motion to delete the whole procedure.
Mrs. Nash, 8151 Comolette Avenue, agreed with Mr. Rossiter.
Mr. Earl Arnold, 8115 Comolette Avenue and 8115 Devenir Avenue, agreed with
Mr. Rossiter.
Mrs. Russell Porter, 8237 Comolette Avenue, agreed with Mrs. Moore.
Mrs. Sam Gorman, 8241 Comolette Avenue, spoke in favor of the street improve-
ments but not the alleys.
Mrs. Larry Davis said she is for the street improvements but not the alleys.
Mrs. Margaret Bruemmer, 8133 Priscilla Avenue, commented on the petition and
thanked the Council for its action on this matter.
Mr. R. K. Lewis, 8128 Adoree Avenue, said he owns three other pieces of pro-
perty in the assessment district, but since the costs have increased about double,
he is against the assessment district at this time.
Mr. Albert Yungen, 8236 Adoree Avenue, agreed with Mrs. Moore. He asked
about Federal Matching funds for this project.
Mayor Jennings and City Manager Charles Thompson explained the priorities
for the City's Revenue Sharing Funds.
Council Minutes 5/13/74 -8-
88
Mr. Don Schaerrer, 8124 Adoree Avenue, spoke against paving of the alleys
and said the streets should be resurfaced as needed.
Mr. Glen Davis, 8140 Adoree Avenue, spoke in opposition to the paving of the
alleys because of the high cost.
Arlene Wood, 8134 Adoree Avenue, agreed with Mr. Rossiter.
Mr. Jerry Rossiter suggested cutting the City costs on the project.
Annetta Kennin, 12944 Gneiss Street, said she put in curbs, gutters, and pave -
out for her corner lot, and it is her understanding that she will be required to
help pay for the other corner lots.
Mr. Spindel indicated Mrs. Kennin is right; that when one individual property
is putting in curbs and gutters, there is no way the costs can be spread; but in
an assessment district, the corner lots pay 10 percent of the side yard and the
remaining 90 percent is spread over the whole district. Following discussion,
Mr. Spindel commented that Mrs. Kennin may have a small assessment based on the
spreading of some other corner lots --about $10 to $15.
Mr. Carl Dunn, 8231 Puritan Avenue, commented on the increase in estimated
costs and spoke favorably on the paving of the alleys.
Mr. Thomas Howe, 8150 Comolette Avenue and 12839 Gneiss Avenue, Assessment
District Parcel 81, said he has curb, gutter, paveout, and cement in the alley
all the way around this corner. He referred to the exhorbitant cost and asked
Mr. Spindel to check the figures on this.
An unknown speaker agreed with Mr. Rossiter.
Mr. Thomas Howe, Assessment District Parcel 81, again addressed the Council
for the record, and pointed out that he has sidewalks, curb, gutter, paveout.
The only thing that is not completed is the alley portion.
Mayor Jennings inquired if there was anyone else who is a resident or pro-
perty owner in Assessment District 117 that wishes to speak, and there was no
response.
Acting City Attorney Mark Allen declared there are two reasons why the Council
will not close the hearing this evening: One, the first action the Council must
take has to be taken by four votes, and it is appropriate that all members of the
City Council be present; secondly, there is a provision for 15 of the property
owners that it will put them in a very difficult position if the Council should
sustain the protests, inasmuch as they have signed agreements in which they waive
the rights to protest. He said based on the fact that 15 of the property owners
are in that kind of a position if the Council should sustain the protests this
evening, he would suggest the Council continue the hearing and give the property
owners an opportunity to consider whether they wish to continue to protest in
light of the position that it puts them in.
Mayor Richard Jennings declared a recess at 10:00 p.m. The meeting resumed
at 10:15 p.m. with Councilmen Temple, DiLoreto, Scotto, Jennings present;
Councilman Winton absent.
Mayor Jennings inquired if there was anyone else who is a resident or property
owner that wishes to speak for or against the Assessment District, and there was no
response. He inquired if there was anyone present other than a resident or
property owner that wishes to speak to the Assessment District, and there was no
response.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and so ordered to continue both public hearings on the 1931 Act and the
1911 Act on Assessment District 117, to 7:30 p.m., June 10, 1974.
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 23, 1974, with corrections provided; also, on Page 9,
second to last paragraph, second to last line, the word "now" should be changed
to "not".
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Council Minutes 5/13/74 -9-
89
Communication from The Congregational Church of Downey regarding Appeal to
Decision of Planning Commission (Zone Exception Case #1168 9516 Downey Avenue).
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to set a hearing on Appeal to Decision of Planning
Commission (Zone Exception Case #1168) for 7:30 p.m., June 10, 1974, in the
Council Chambers of the Downey City Hall.
Communication from Southeast District Ten Woman's Auxiliary, Los Angeles
County Medical Association regarding Appreciation to Downey Fire Department.
Ordered filed.
Communication from Senator John V. Tunney regarding Acknowledgement of
Downey's Resolution No. 2921, Unified Transportation Assistance Act. Ordered
filed.
Communication from Public Utilities Commission regarding Review of Southern
California Gas Company's Application for Rate Increase (Application #53797).
Ordered filed.
Communication from City of Lynwood urging Opposition to Proposition 5 on
the June 4, 1974 Ballot. Ordered filed.
Communication from Senator Alan Cranston regarding Acknowledgement of
Downey's Resolution No. 2921, Unified Transportation Assistance Act. Orde
7;ioa
Communication from Charles V. Jones, Chairman, Library Advisory Board,
regarding Expansion of Library Facilities. Ordered filed.
City Clerk Robert Shand said Mr. Jones will be present at the next morning
meeting.
Communication from Public Utilities Commission regarding Application #54780
of Southern California Gas Company for Rate Increase. Ordered filed.
Communication from Councilwoman Hazel Scotto regarding City Map Distribution
for Citizen Input to Bike Route Planning.
It was moved by Councilwoman Hazel Scotto, seconded by Councilman Walter
Temple, and passed by the following vote to distribute maps of the City of Downey
for the citizens to suggest bike routes.
Councilwoman Scotto stated the established bike route has been taken into
consideration, but she is looking for new ideas and would like to see community
input. She explained the City of Pasadena undertook a similar program.
Councilman Joseph DiLoreto said he has no objection to the motion, however,
he does not think the Council should adopt a route or propose a route which bears
the endorsement of the City for a proposed bike route unless it has been passed
on or analyzed by the Traffic Committee and the City Traffic Engineer.
Discussion followed.
Community Development Director Ervin Spindel reported on the current status
of bike studies now under way by the Staff Bike Route Committee. He commented
that Councilwoman Scotto's plan might be useful and after input from the citizens
would have to be analyzed and collated. Mr. Spindel pointed out that quite a few
of Downey's streets are not wide enough for an adequate bike route, and part of
the Committee's study will be a recommendation to possibly use sidewalks for
bicycles in certain locations.
Roll call vote:
AYES: 3 Councilmen: Temple, DiLoreto, Scotto
NOES: 1 Councilmen: Jennings
ABSENT: 1 Councilmen: Winton
Communication from City Manager Charles Thompson regarding Request for Leave
of Absence for Mrs. Muriel Raymond, Communications Operator, without pay.
Mayor Richard Jennings suggested the City Manager be given the authority to
revise Article 9, Section 6 of the Personnel Manual. He pointed out that the
Personnel Manual permits the City Manager to grant only 30 days leave, and if a
two -to -three months maternity leave is requested, the City Manager cannot grant it.
Council Minutes 5/13/74 -10-
9Q
Mr. Thompson mentioned perhaps he could come back with a study after it goes
through the Personnel Advisory Committee.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to approve the Granting of Request for
Leave of Absence.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
LEGAL CLAIMS (for information only)
Ref. #166, State Farm Insurance
Ref. #168, Automobile Club
Ref. #169, Allstate Insurance
LEGAL CLAIMS (for Council action)
Ref. #144, James & Marilyn Coleman
Ref. #164, Janet Marie Stone
Ref. #165, State Farm Insurance
Ref. #167, Rene Armenta
Ref. #170, Thomas Salmons
Ref. #171, Patricia E. Train
Ref. #172, Farmers Ins. Group Leasing
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to deny the legal claims of James and
Marilyn Coleman, Janet Marie Stone, State Farm Insurance, and Rene Armenta.
Mayor Richard Jennings commented in legibility of traffic reports attached
to City claims and requested summary reports be made in lieu of illegible copies.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
ORDINANCE NO. 459
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 Walter
Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to adopt Ordinance No. 459.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE RELATING TO THE
BUILDING CODE TO DEFINE THE TERM "CONDOMINIUM" AND
TO ASSIGN IT AN OCCUPANCY CLASSIFICATION
The Ordinance was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to introduce the Ordinance.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2943
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 74/13)
Council Minutes 5/13/74 -11-
The Resolution was read by title only. It was moved by Councilman Joseph
DiLoreto, seconded by Councilman Walter Temple, and so ordered to waive further
reading.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote to adopt Resolution No. 2943.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Community Development Director Ervin Spindel reported a petition has been
signed by 100 percent of the property owners along Rupp Road east of Barlin
Avenue. He said the annual operating costs will be $168.84, and the payment
schedule for the first year and continuing cost is 21c per $100 assessed valua-
tion for maintenance only.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and so ordered to receive and file the report of the Director of
Community Development.
RESOLUTION NO. 2944
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 74/13)
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to adopt Resolution No. 2944.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote to set a hearing on Annexation 74/13
for 7:30 p.m., June 10, 1974, in the Council Chambers of the Downey City Hall.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
SUPPORTING THE BID OF THE CITY OF LOS ANGELES TO STAGE
THE SUMMER GAMES OF THE XXII OLYMPIAD IN 1980
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 Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to adopt Resolution No. 2945.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA
HIGHWAY PATROL FOR PARTICIPATION IN THE ABANDON VEHICLE
ABATEMENT (AVA) PROGRAM)
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilwoman Hazel Scotto, and so ordered to waive further
reading.
Council Minutes 5/13/74 -12-
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to adopt Resolution No. 2946.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
PROVIDING FOR THE COST OF LIVING INCREASE FOR
MISCELLANEOUS EMPLOYEES
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilwoman Hazel Scotto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to adopt Resolution No. 2947.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF JOHN D. LEMONS TO THE
BOARD OF BUILDING APPEALS
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilman Joseph DiLoreto, and so ordered to waive further
reading.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to adopt Resolution No. 2948.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
RESOLUTION NO. 2949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MRS. SARA M. McCART AS A
MEMBER OF THE PLANNING COMMISSION
The Resolution was read by title only. It was moved by Councilman Walter
Temple, seconded by Councilwoman Hazel Scotto, and so ordered to waive further
reading.
It was moved by Councilwoman Hazel Scotto, seconded by Councilman Walter
Temple, and passed by the following vote to adopt Resolution No. 2949.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to approve General Warrants #30760-30862
$349,162.17; #30863-31075, $262,792.94; and #31076-31L95, $287,900.21.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
-- Following a summation of bids, it was moved by Councilman Walter Temple,
seconded by Councilwoman Hazel Scotto, and passed by the following vote to award
Cash Contract #346, Slurry Seal Fiscal Year 1973-74, in the amount of the unit
prices bid, to Chamber -Mix Concrete, Inc., of Stanton, the lowest and best bidder,
and to reject all other bids.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
Cash Contract 0349 Adoree Avenue - Storm Drain
Community Development Director Ervin Spindel explained originally the storm
drain was designed to go along with the Assessment District because there are
Council Minutes 5/13/74 -13-
some flooding problems on Adoree between Brock and Paramount, and if Adoree is
resurfaced, then the storm drain should go in prior to the resurfacing. He said
if it were not for the Assessment District, the storm drain would probably not
have been proposed at this time because it is not a high priority drain.
There being no objections, there matter was taken under submission until
June 10, 1974.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote 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 $2400;and approve changes with a net credit to the City
of $1,242.80.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to accept the security lighting system
completed in conjunction with Cash Contract #336, Wilderness Park Security
Lighting; accept responsibility for maintenance thereof; approve extra work in
the amount of $152.00; and approve a time extension of 30 days for completion
of this project.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Walter Temple, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to approve the plans and specifications
for Cash Contract #350, Tennis Courts, Bellflower Boulevard; authorize the
Department of Community Development to advertise for bids; and approve the follow-
ing transfer of funds:
Amount From To
$45,000 General Fund Balance A/C #40-17008
Councilwoman Scotto said she was under the impression it might be a good
idea to have an overall plot plan by a competent architect for the entire area.
Parks d Recreation Director James Ruth indicated it is the judgment of staff
that the location specified for the tennis courts must be the area where the
courts would be located. However, he said, an architectural or schematic drawing
could be very helpful in the overall development of the park and would not inhibit
the bidding of the tennis courts at this time. He said the estimated cost for a
study of this nature could run anywhere from $1500 to $3000 and would take
approximately 30 days. Mr. Ruth discussed the location selected for the tennis
courts.
During discussion, Mr. Ruth commented the plan submitted by staff is felt to
be a reasonable plot plan for the development of the ten -acre site. He stated it
is believed the location for the tennis courts is the best location, and he thinks
there should be some consulting services to take a look at the overall develop-
ment of the park.
Mayor Richard Jennings stated even if the Council approved the tennis courts,
by the time this went out to bid, the bids were returned and a contractor
appointed, there would still be plenty of time to do any studying about the
balance of the property.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote to approve the Report on Tree Removal,
12166 Julius Avenue, and authorize the removal of the trees and installation of
curbs and gutter.
City Forester Robert DeSio reported approximately 13 years ago, after
citizen complaints were received regarding a drainage problem, the property
owner at 12166 Julius Avenue was opposed to the removal of the trees and
volunteered to pay for the costs and engage a contractor to replace the curbs,
gutters, and portion of the cross gutter. He said at that time the trees were
Council Minutes 5/13/74 -14-
root pruned by both the City and the contractor, and in less than ten years, the
condition started to appear again, with drainage backing up. Mr. DeSio stated
the trees are of a nature that any pruning on the trunk in close proximity to
the curb will aggrevate or stimulate growth or may have an opposite effect and
induce rotting and cause potential hazard in the area. He said, therefore, it is
his opinion it would be better to remove the trees and replace them with a
variety that would not be a recurring cost to the City.
Mayor Richard Jennings asked if this will include removal and replacement
of cross -gutters to eliminate the standing water in the street.
Public Works Director Ervin Spindel said yes, and the trees will be replaced
with 15 gallon tree replacements.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by following vote to accept the dedication and improvements
completed under Downey Private Contract #77, North side of Florence Avenue,
east of Downey Avenue, and authorize reimbursement to the developer.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
est for approval of Building Permit under Interim Ordinance No
rsion of an Existing Motel to an Apartment -Hotel at 12431 Wood
Assistant City Planner Francis Carter reported the Planning Commission has
granted approval of the change of use of the building, and this matter is before
the Council because a building permit would be needed to convert the lobby into
an additional bedroom to be added to the bachelor units now in the building.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and passed by the following vote to approve the conditions as set forth
for approval of the issuance of the permit by the Planning Department.
Discussion followed.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
t for approval of Building Permit in conformance with Interim
D. 440 for Apartments to be Constructed at 10341 Western Aveni
Assistant City Planner Francis Carter reported this is identical to two
previous requests at 10633 Western Avenue --the buildings and Lots are identical
in size. He said this is a new project, and the applicant requests approval of
the building permit to construct two four -unit apartment buildings.
It was moved by Councilman Walter Temple and seconded by Councilwoman Hazel
Scotto to approve the Building Permit in conformance with Interim Ordinance No.
440 for Apartments to be Constructed at 10341 Western Avenue. (See amended
motion, Page 16).
Discussion followed wherein members of the Council indicated the require-
ments of the Apartment House Survey Committee with regard to off-street guest
parking have not been met.
Councilman Walter Temple made an amended motion to approve the Building
Permit in conformance with Interim Ordinance No. 440 for apartments to be con-
structed at 10341 Western Avenue with the provision that one additional parking
place be provided for guest parking.
The motion died for lack of a second.
Mayor Richard Jennings reminded the Council that the applicant has been
denied the right to build an apartment house in an R-3 zone.
Councilman Joseph DiLoreto reiterated that this does not meet the require-
ments of the Apartment House Survey Committee pertaining to off-street parking
for guests. He said he would be willing to take this matter under submission.
Mr. Richard C. Roehl, General Contractor, 7950 Springer Street, stated the
plans were submitted to the Council based on no set determination of how many
Council Minutes 5/13/74 -15-
guest parking spaces are required for this type lot. He said the parking
recommendation is one space for five dwelling units.
Discussion followed regarding the plan drawings and guest parking
requirements.
Mr. Roehl suggested the use of two guest parking spaces for eight dwelling
units.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to approve request for Building
Permit in conformance with Interim Ordinance No. 440 for Apartments to be
Constructed at 10341 Western Avenue, with the addition of one guest parking
space for each four -unit apartment.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and passed by the following vote to approve Purchase Contract #186,
Painting Interior of Library, to Richard Cramer, Inc., of South E1 Monte, the
lowest and best bidder, in the lump sum bid amount of $3,271, and to reject
all other bids.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
It was moved by Councilman Walter Temple and seconded by Councilwoman Hazel
Scotto to approve the low bid by Aeroline Fence Company, Alhambra, in the amount
of $5,570 on Purchase Contract #187 Fencing and Gates - Wilderness Park.
City Manager Charles Thompson explained originally there was consideration
of what would be done with regard to the back of the homes on Little Lake Road,
and after further study it was decided the City would put in a fence with each
property owner being given an opportunity to install a gate of his own, suitable
for his own purpose, for entrance to the back of his lot. He said this would
provide security between the back of their lots and the park.
Discussion followed regarding ingress and egress rights and use of an
existing access road. It was noted no prescriptive rights exist for access to
the park property.
The motion to approve was restated by Councilman Temple and seconded by
Councilwoman Scotto.
AYES: 2 Councilmen: Temple, Scotto
NOES: 2 Councilmen: DiLoreto, Jennings
ABSENT: 1 Councilmen: Winton
Motion loses.
Acting City Attorney Mark Allen suggested the Council should hold this
matter and reconsider when a five -member Council is present. Mayor Jennings
placed the matter under submission.
CITY MANAGER'S REPORT
City Manager Charles Thompson presented the Downey Community Hospital
1974-75 Budget under the terms of the lease agreement between the City of Downey
and the Hospital. He said the Council must act on the service charges proposed
within the new budget --the budget has gone through the Hospital Authority and
has been approved by the Hospital Foundation Board of Directors.
Councilman Walter Temple raised questions regarding the balance remaining
from prior year's Hospital budget.
Discussion followed.
It was moved by Mayor Richard Jennings to approve the Hospital Budget and
approve also the increase in rates and the increase in salaries.
The motion died for lack of a second.
Council Minutes 5/13/74 -16-
Following further discussion, Mayor Jennings altered the motion to approve
the Hospital rate increase.
Motion died for lack of a second.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter
Temple, and carried that the Downey Community Hospital 1974-75 Budget be taken
under submission and for a report back by the next Council meeting in time to
notify the Hospital of the Council's decision. It was further requested by
Councilman Temple that the Council receive more background on the surplus and
what use is.planned for the $470,000 for the coming year.
Mr. Thompson presented proposed Downey City Budget for Fiscal Year 1974-75,
a copy of which will be available in the office of the City Clerk and in the
Public Library for review. He requested the City Council set May 28, 1974 as
the public hearing for the Budget.
After questions were raised regarding the hearing being set for a morning
meeting, Mr. Thompson cited the requirements of the City Charter pertaining to
the Budget presentation to Council and the notice of the public hearing. He
commented the hearing could be continued to the first meeting in June and then
either adopted or carried over to the second meeting in June.
It was moved by Councilman Joseph DiLoreto, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to set a hearing on the Downey City
Budget for Fiscal Year 1974-75 for 8:00 a.m., May 28, 1974, in the Council
Chambers of the Downey City Hall.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSENT: 1 Councilmen: Winton
ORAL COMMUNICATIONS
Mr. Frank Perez, 9104 Gainford Street, office located at 8535 East Florence
Avenue, commented on the Insurance Bid Procedure for the City.
City Manager Charles Thompson explained that liability and fire insurance
coverage from the present carrier would cease after June 30th.
Finance Director Richard Patton said he authorized the present insurance
agency to obtain coverage from other carriers as quickly as possible to assure
insurance protection to be in effect after June 30th.
Discussion followed.
Mayor Richard Jennings asked that the City Manager report back to the
Council at its next meeting regarding procedures for obtaining City insurance
coverage.
It was moved by Councilman Joseph DiLoreto, seconded by Councilwoman Hazel
Scotto, and passed by the following vote that instead of reporting back to the
Council, the City Manager provide information to any insurance agent or insurance
broker regarding public liability insurance coverage that will assist in submit-
ting a proposal to the City for insurance coverage.
AYES: 3 Councilmen: Temple, DiLoreto, Scotto
NOES: 1 Councilmen: Jennings
ABSENT: 1 Councilmen: Winton
Mr. Thompson said he will keep the Council informed of developments in ob-
taining insurance proposals for the City and that criteria will be developed for
evaluating incoming proposals.
Public Works Director Ervin Spindel extended an invitation to the Council
to attend Open House at the Public Works Yard on Friday, May 24th, from 1:00 to
4:00 p.m., in celebration of National Public Works Week.
There being no further business to come before the City Council, the meeting
Council Minutes 5/13/74 -17-