HomeMy WebLinkAboutMinutes-06-10-784-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
NNE 10, 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.
Presentation to winners in poster contest
re Clean Up Week 1
Appeal, ZE Case #1168, 9516 Downey
Withdrawn 1
Assessment District #117, Adoree Ave.
& Other Streets & Alleys - City to contri-
bute alley costs for reconstruction,
approaches, excavations, engineering &
incidentals
Approved 3
Assessment District #117, continue with
Resolution on curbs, paveouts & streets
& eliminates alleys
Failed 4
Resolution #2951, Finding Public Conv.
& Necessity Req. Imprvmt. of Adoree Ave.
& Other Streets & Alleys (AD 117)
Adopted 4
Resolution #2952, Overruling Protests
(AD 117)
Adopted 4
Resolution #2953, Ordering Work to be
Done (AD 117) Adopted 4
Budget, Fiscal Year 1974-75 Hearing continued to 6/12/74 5
Ordinance, Amending Sec. 9114.3 DMC re
Zoning Introduced 6
Ordinance, Amending Zoning Map Adopted
by Sec. 9107 DMC (Plan. Res. #141,
Zone Change Case #122) Introduced 7
Resolution #2954, Ordering Annexation
to City Ltg. Dist. (Annex. 74/13-Rupp Rd.) Adopted 8
Resolution #2955, Confirming Assessment
for Chapter 27 for DIP #647, N/s DePalma
bet Paramount & Gurley Adopted 8
Resolution #2956, Confirming Assessment
for Chapter 27 for DIP #648, S/s DePalma
bet. Paramount & Downey Adopted 9
Resolution #2957, Confirming Assessment
for Chapter 27 for DIP #649, E/s Paramount
bet. DePalma & Stewart & Gray Adopted 10
Resolution #2958, Confirming Assessment
for Chapter 27 for DIP #646, Sites 1
thru 7, S/s Stewart & Gray bet. Old River
School & Susan Adopted 11
Minutes, May 13, 1974 Approved 11
Legal Claims(for information only)
#177, J. A. Hanna #181, V. Funk
#178, L. F. Spencer #182, V. L. Parkerson
#179, G. Reusch #183, State Farm Ins. No action 11
,'k180, L. Niemi
Page 1 of 2
COUNCIL MINUTES 6/10/74
TABLE OF MINUTE ACTIONS
SUBJECT: ACTION: PAGE NO.
Legal Claims (for Council action)
#168, Auto Club.
#169, Allstate Ins. Accepted 12
Ordinance, Amending DMC re One-half
Fee Dog Licenses Introduced 12
Resolution #2960, Requesting Bd. Sprvsrs
of L.A. County Flood Control Dist. of State
to accept transfer & conveyance of Storm
Drain Imprvmts. (SS #286, Misc. Transfer
Drain #526 Adopted 12
Resolution #2960, Req. Allocation of
County Aid to Cities Funds for Maint.
of Select System Streets Adopted 12
Resolution #2961, Amending Leave Policy Adopted 12
General Warrants #31420-31588
#31589-31693 Approved 13
CC #SS-268, Florence Ave., Fairford &
Dollison - Award of contract
Approved
13
CC #SS-257, Unit II - CC #SS-287,
Stewart & Gray from Paramount to Salford -
Acceptance of improvements
Approved
13
CC #349, Adoree Ave. - Storm Drain -
Plans, specs, & auth. to advertise subj.
to plans, specs from County Flood Control
Approved
13
Report on Comparison of Water Rates
Presented for information only
13
CC #SS-287/257, Stewart & Gray - Sewer
Main - Confirm assessment of sewer
connection fees
Approved
13
Seismic Safety Element of the General Plan -
Rentention of Envicom to prepare element
Approved
13
Noise Element of General Plan - Retention
of Olson Laboratiries to prepare element
Approved
14
Workmen's Compensation Insurance Report
Taken under subm. to 6/12/74
14
Project Contract 187, Fencing & Gates,
Wilderness Park
Approved
15
Bid #7051, Library Books, 1974-75
Approved
15
Req. for Building Permit for const. of
apartments, SE Corner Telegraph & Serapis
Approved
15
Sales Tax Analysis
Filed
16
Base Liability Insurance Coverage for
Fiscal Year 1974-75 Approved 16
Summer Registration of Recreation Programs Suggestion re evenings 16
Appointment of Betty Rupp to Health &
Sanitation Committee Approved 16
Second Century Foundation - Appropriation
for Bi-Centennial Approved 17
Meeting adjourned to 6/12/74, 5:30 p.m. 17
Page 2 of 2
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 10, 1974
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
June 10, 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, Hazel N. Scotto, Richard M. Jennings
ABSENT: Councilmen: None
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and so ordered to adjourn the meeting to the Downey Theatre. The
meeting reconvened at 7:43 p.m. in the Downey Theatre with all Councilmen present.
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Community Development
Richard D. Patton, Director of Finance
James D. Ruth, Director of Parks & Recreation
Loren D. Morgan, Police Chief
Edwin H. Wood, Fire Chief
William A. Coggin, City Planner
Ray Lake, Building Official
Harald J. Henriksen, City Engineer
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Tom Jolly, Memorial Christian
Church, followed by the Flag Salute led by Councilman Walter Temple.
Mr. Milton Mackaig of the Health & Sanitation Committee introduced other
members, Mrs. Betty Rupp and Mr. John Reed.
Mayor Richard Jennings presented bonds to the following students who were
first place winners in the poster contest held in conjunction with Clean Up Week:
Stephanie Goto
Jackie Ford
Gary Slassak
Larry Shaw
Paula Saucedo
Tony Sinclair
Peggy Goeckner
Jane Leichsenring
Laura Berggiust
Donna Felch
Guenther Faulob
Marla Sheehan
Tim Trader
Fred Bode
Stephanie Goto presented a "thank you" poster to the Mayor and City Council.
Mayor Jennings announced the Appeal to Zone Exception Case #lL68, 9516
Downey Avenue, has been withdrawan by the appellant and there will be no hearing
on this matter.
Mayor Richard Jennings declared that this is the time and place for the
continuation of hearing on Assessment District No. 117, Adoree Avenue and Other
Streets and Alleys within the City. He inquired if Councilman Donald Winton ha
read the transcript or listened to the tapes of the hearings held on April 8th
and May 13th, and Mr. Winton replied yes.
Mayor Jennings commented the City Engineer now recommends the City contribu-
tion be increased, and he asked the City Engineer for a report.
Community Development Director Ervin Spindel reported at the last hearing,
City contribution was recommended for reconstruction of alleys, and now it is also
recommended for alley approaches, alley intersections, and the engineering and
incidentals on the alleys. He said this would make an additional City contribution
over the $195,000 of $66,500, which would reduce assessments to the property owners
an average of 25 percent.
Mayor Jennings acknowledged a group of senior citizens from the Country Villa
of Downey.
Council Minutes 6/10/74 -1-
Mayor Jennings inquired if there was anyone present who wished to speak in
favor of the Assessment District.
Mr. Gerald Schmidt, 8048 Cheyenne Avenue, said the alley behind his home is
presently paved, and he originally filed a written protest on the basis that he
shouldn't have to pay for the repaving of that alley. He asked if he is correct
in assuming that the City is going to pay for improvements to alleys that are
already paved.
Mr. Spindel replied yes, if an alley has already been paved and accepted by
the City or the County prior to incorporation, then there would be no charge for
reconstruction of that alley.
Mr. Schmidt withdrew his protest and with written consent withdrew the pro-
tests of two of his neighbors, Peggy S. Lane, 8042 Cheyenne Avenue, Downey, and
R. E. Widby, 13013 Brock Avenue.
Mayor Jennings asked if the alleys referred to are considered improved.
Mr. Spindel said he would check it out.
Mr. Schmidt indicated his protest withdrawal would be conditional on the
improvements, he is very much in favor of the Assessment District and would like
to see it go through other than he does not want to pay for paving the alleys
twice.
Mr. Clyde Cooley, 8020 Adoree Avenue, spoke in favor of the Assessment
District.
Mr. William Holtz, 8224 Devenir Avenue, agreed with Mr. Cooley.
Carol Blevins, 8239-41 Cheyenne Avenue, spoke in favor of the improvements.
Joan Whitman, 8125 Devenir Avenue, said she is in favor of having the work
done for a reasonable price, and they do not want to pay for the corners.
Mr. Robert Farrington, 8046 Devenir Avenue, spoke in favor of the project.
Mayor Jennings inquired if there was anyone else present who wished to speak
in favor of the Assessment District, and there was no response. He inquired if
there was anyone present who wished to speak in opposition.
Mr. Jerome Rossiter, 8202 Adoree Avenue, commented the petition circulated in
behalf of the opposition was over 50 percent, and herequested an exact percentage
obtained on the petition. He pointed out the petitions were signed by those liv-
ing in the area, not outsiders or property owners not within that area.
Mr. Clyde McAdams, 8116 Adoree Street, asked for the results of people
signing the petition. He asked the City Council to consider what they are
assessing the people of this particular district.
Mr. Norman Nash, 8151 Comolette Avenue, concurred with the speakers in
opposition and also asked for the percentage of people signing the petition.
Mayor Jennings said after all the input from the audience is complete, he will
give the percentage.
Betty Goble, 8214 Adoree Avenue, stated her opposition to the Assessment
District.
Myrtle Rasmussen, 8200 Puritan Avenue, spoke against the Assessment District.
Glenda Werle, 8228 Adoree Avenue, stated her opposition.
Anna Ridings, 8033 Comolette Avenue, said she is opposed to the alley.
Mr. Ed McCracken said he is also opposed to the alley.
Mrs. Russell Porter, 8237 Comolette Avenue, stated her opposition.
Mrs. Sam Gorman, 8241 Comolette Avenue, suggested if the price were cut in
half, people might go along with it.
Council Minutes 6/10/74 -2-
Betty Poole said she is opposed to the alleys but would like to see the
streets improved.
Mr. Ken Miller of Cleargrove Drive in Downey questioned if a survey had been
made as to the percent of absentee owners that might be in the area.
Mr. Spindel replied there are approximately 33 percent absentee owners.
Mr. Miller indicated this might be more beneficial on the total community,
however, he suggested the Council consider the fact that the City adopted the
Utility Users Tax Ordinance which provides for reimbursement of taxes for people
unable to pay, and in this case, people on fixed incomes will be asked to incur
expenses they cannot afford.
Mrs. Larry Davis, 12817-19 Downey Avenue, said she thinks the streets and
- curbing should be put in. She mentioned years ago her family donated to the City
"Downey Avenue and the alleys", and they were supposed to be maintained as it was
in the agreement.
Mayor Jennings inquired if there was anyone else who wished to speak in pro-
test, and there was no response.
It was moved by Councilman Donald Winton, seconded by Councilman Joseph
DiLoreto, and so ordered to close the hearing.
Responding to questions regarding percentage of property owners in protest,
Mayor Jennings reported the percentages as compiled by date and total property
owners in the Assessment District total 53 percent. He reminded the audience that
any protests after April 8th are at the discretion of the Council as to whether or
not they will be considered.
Councilman Walter Temple inquired if all the protests were received prior to
the recommendation of the Community Development Director to increase the City's
contribution, and Mayor Jennings said yes.
Mr. Clyde McAdams, 8116 Adoree Avenue, further expressed his views on the
Assessment District protests and costs.
Commenting on the three parcels mentioned by Mr. Schmidt of 8048 Cheyenne
Avenue, Mr. Spindel said 51 percent of the alley improvements are complete and,
therefore, the property owners will be assessed 50 percent of the cost of alley
improvements.
Councilman DiLoreto asked what the City's contribution will be as compared to
the homeowners' contribution. Mr. Spindel replied the City contribution will be
$261,500 and the homeowners' contribution will be $148,500; that 62 percent of the
total will be the City contribution.
It was moved by Councilwoman Hazel Scotto, seconded by Councilman Walter
Temple, and passed by the following vote that the City of Downey contribute the
cost of the alley reconstruction, alley approaches, alley approach excavations,
engineering for alleys, and incidentals for alleys in addition to that provided in
the Resolution of Intention, should the Council decide to vote in favor of the
Assessment District.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Councilwoman Scotto commented on the lower cost to the property owners and
the R-2 zoning of the properties. She suggested a motion to take this matter
under submission to give those who have heard the new cost an opportunity to remove
their names from the protest list before the Council makes a final decision.
City Attorney Royal Sorensen said technically the removal of protests follow-
ing closing the public hearing would have no effect, and the protests that have
been filed, except the three percent, are not legally binding upon the Council in
any event.
Councilman DiLoreto indicated he is not in favor of postponing this matter.
He stated the facts are known, the City's contribution is known, the type of
improvements are known,and everyone has had ample opportunity to express their
opinions.
Council Minutes 6/10/74 -3-
In expressing his views, Councilman Temple said he feels the Assessment
District effects the entire City, and the City's contribution has been increased
with the original assessment being reduced 25 percent. He commented most of the
people were concerned with the cost of the improvements, but the costs will go up
and not be any less next year.
Councilman DiLoreto noted the improvements are obviously needed; there is
poor drainage in the area; and it is impossible to sweep the streets because the
curbs and paveouts are not in. He commented on how the aesthetic effect of the
area will increase the value not only in that particular area but the rest of the
City.
Councilman Winton pointed out there are a great many people who do not live
in this area who will be contributing to this project, and they will benefit less
directly than those who do live there. He noted the benefits that will be
derived from the improvements.
It was moved by Councilwoman Hazel Scotto and seconded by Councilman Donald
Winton to continue with the portion of the Resolution that covers the curbs, pave -
outs, and streets and eliminate the alleys.
AYES: 1 Councilmen: Scotto
NOES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings
Motion failed.
RESOLUTION NO. 2951
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE IMPROVEMENT OF ADOREE AVENUE AND OTHER STREETS AND
ALLEYS ALL IN THE CITY OF DOWNEY (A.D. 117)
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. 2951.
AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings
NOES: 1 Councilmen: Scotto
RESOLUTION NO. 2952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OVERRULING PROTESTS (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. 2952.
AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings
NOES: 1 Councilmen: Scotto
RESOLUTION NO. 2953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING WORK TO BE DONE ON ADOREE AVENUE AND OTHER
STREETS AND ALLEYS IN ACCORDANCE WITH RESOLUTION OF
INTENTION NO. 2914 (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. 2953.
Council Minutes 6/10/74 -4-
.1".M .tt
AYES: 4 Councilmen: Temple, DiLoreto, Winton, Jennings e at L
NOES: 1 Councilmen: iennsngs lrcrLLo ,� 2-9--7a
Mr. Bruce Watson, 7326 Neo Street, Downey, inquired if the City Council had
taken into consideration the petition he gave to Mrs. Scotto at the last evening
City Council meeting.
Mayor Jennings replied the legal protests had to be filed prior to April 8th,
and even though the Council had accepted protests after April 8th, a four -fifths
vote of the Council overruled the protests.
Mayor Richard Jennings declared that this is the time and place for the public
hearing on Budget for Fiscal Year 1974-75, which was continued from the regular
meeting held on May 28, 1974. He inquired if the City Manager had any further
report to render on the proposed Annual Budget, and the City Manager replied he
had not.
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and so ordered to close the hearing on the Budget for Fiscal Year 1974-75
to 5:30 p.m., June 12, 1974, in the Green Room of the Downey Theatre.
Mayor Richard Jennings declared a recess at 8:45 p.m. The meeting resumed at
8:58 p.m. with all Councilmen present.
Referring to the Budget for Fiscal Year 1974-75, Mayor Jennings inquired if
there was anyone present who wished to speak, and there was no response.
Mayor Richard Jennings declared that this is the time and place for the public
hearing on Amendment to Zoning Ordinance, Section 9114.3 Relating to a New
Residential Zone Classification of R1-8500. He inquired if the City Clerk had the
Affidavit of Publication, to which the City Clerk responded in the affirmative.
It was moved by Councilman Donald Winton, seconded by Councilman Joseph
DiLoreto, and so ordered to receive and file the Affidavit.
City Planner William Goggin reported the Planning Commission held a hearing
on rezoning the Steere property on Cherokee Drive to R1-7500, which resulted in
considerable discussion and decision of the Planning Commission to readvertise for
hearing on R1-10,000. He said after that hearing, the Commission recommended there
be a new change to the zoning ordinance adding a zone classification of R1-8500,
and this has been forwarded to the Council.
Slide transparencies were shown to the City Council with the City Manager
making the following comments:
R1-7500 would allow for 15 lots in the tract, with right-of-way on Quinn
Street at 43 feet.
R1-8500 would allow for 12 lots in the tract. The lots would be 95 feet in
width.
R1-10,000 would allow for 9 lots in the tract.
Mr. Thompson said the Council, when they consider the zoning for the frontage
on Cherokee, the actual zoning of the property could be a different zone than those
lots facing on Quinn Street, and there could be a combination of R1-7500 on Cherokee
and Rl-8500 on Quinn Street. He further discussed the zoning and lot sizes.
For the benefit of the audience, Mayor Jennings said two public hearings are
being held: The first one is to establish a residential zone of R1-8500; and the
second one is for a zone change on the subject property to RI-8500. He indicated
if the first hearing goes down in defeat, there would be no purpose in holding
the second hearing.
A tract map was displayed showing the lots in the surrounding area to give a
better picture of the entire neighborhood in which this tract is situated.
Mayor Jennings inquired if the City Clerk had received any correspondence on
this matter, and the City Clerk replied he had not.
Mayor Jennings inquired if there was anyone present who wished to speak in
favor of Amendment to the Zoning Ordinance.
Council Minutes 6/10/74 -5-
Mr. William P. Wilson, 8640 Quinn, Downey, stated he is appearing individually
as a property owner and as legal counsel for 41 other property owners in the tract.
He reviewed the history of Tract No. 20921 known as Cherokee Estates which, he said,
was not built to the R1-5000 zone but more to R1-9500. Mr. Wilson said the
undeveloped Steere parcel became interesting to subdividers because of the R1-5000
zone, and by emergency ordinance, the parcel was fixed at R1-7500. He commented on
the Planning Commission hearings on this matter and of the property owners' objec-
tion to a proposed R1-7500 zone. He stated the evidence supporting their position
would be as follows: Of the 74 lots in the Cherokee Estates, the three smallest
lots each contain 8500 square feet; the average square footage of the 12 lots
surrounding the Steere parcel is 9556. Mr. Wilson commented further on the square
footage of properties in the surrounding area and said R1-8500 is nearer to the lot
size of the existing development. He reserved the right to rebuttal time.
Mr. Thompson reported on the square footage of lots on the north side of
Cherokee.
Discussion ensued.
The following people spoke in favor of Amendment to Zoning Ordinance of New
Residential Zone Classification of R1-8500.
Dr. Ralph Christensen, 8658 Muller Street
Mr. Ben Paige, 8641 Quinn Street
Mr. Richard B. Pridham, 10402 Bellman Avenue
Mr. Bill Lynch, 8630 Seventh Street
Mr. Leland Blair, 8663 Muller Street
Mr. Lindt, 8606 Seventh Street
Mr. Warren Bauman, 8661 Seventh Street
Mr. Murray Ohren, 8618 Seventh Street
Mr. Marion B. Edmonds, 8669 Seventh Street
Mr. Frank Flynn, 8670 E. Seventh Street
Mr. Raymond Harmes, 8676 East Seventh Street
Mr. Joe Kortoff, 8524 Seventh Street
Mr. Arthur Ohlemacher, 8536 Cherokee Drive
Mary Bradshaw, 8645 Muller Street
Mr. Nello DiCorpo, 8642 Cherokee Drive
Mr. George Lupo, 8525 Quinn Street
Mr. Karl Eisbrenner, 10453 Tristan Drive
Mrs. W. R. Wilson, 8526 Quinn Street
Mr. Harold P. Hogarth, 8605 Seventh Street
Rosalea Linder, 8615 Seventh Street
Julia Jensen, 8528 Cherokee Drive
Mayor Jennings inquired if there was anyone present who wished to speak in
protest, and there was no response.
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and so ordered to close the hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9114.3 OF THE DOWNEY MUNICIPAL CODE,
WHICH SAID SECTION RELATES TO ZONING
The Ordinance 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 Donald
Winton, and passed by the following vote to introduce the Ordinance.
AYES: 4 Councilmen: Temple, DiLoreto, Winton, Scotto
NOES: 1 Councilmen: Jennings
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Zone Change Case No. 122, All of Tract No. 20921 East of
Brookshire Avenue and Including 8572 Cherokee Drive. He inquired if the City
Clerk had the Affidavit of Publication, to which the City Clerk responded in the
affirmative,
Council Minutes 6/10/74 -6-
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and so ordered to receive and file the Affidavit.
City Planner William Goggin reported on the Planning Commission's approval of
Resolution No. 141 recommending the property be zoned R1-8500, which would allow
for 12 lots and be comparable to the existing lots in the area within the tract
described.
Mayor Jennings explained the next move in a public hearing is to ask the
audience if they wish to speak in favor or in protest to this zone change.
However, he asked the Council if they would agree to accept all of the previous
remarks for the amendments to zoning ordinance as they pertain to this case also.
The Council concurred.
Mayor Jennings inquired if there was anyone present who wished to speak to
the Zone Change or add any comments to the previous comments, either pro or con.
Mr. S. T. Ziler, 7648 Cecilia Street, said as a subdivider and developer he
was one of the proponents in getting the Planning Commission to adopt a resolu-
tion to the Council. He commended the Council for introducing the Ordinance.
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and so ordered to close the hearing.
Councilman Winton said he thinks the Council has exhibited versatility to be
able to accept within a reasonable area the change and addition, and he will very
stringently oppose for spot zoning and development purpose any change because the
Council has established a precedent. He stated the precedent here has been
established because of the case of a surrounding development, but if a developer
were to come in with the same theory in mind and try to fit a dozen homes in a
small area, he would stringently oppose it.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE
DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 141,
ZONE CHANGE CASE NO. 122)
The Ordinance 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 Donald
Winton, and passed by the following vote to introduce the Ordinance.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Dr. Christensen again addressed the Council and expressed his personal
gratitude to the Planning Commission for bringing this to light in the residents'
behalf.
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey City Lighting District Annexation 74/13 - Rupp Road. He
inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit
of Publication, to which the City Clerk responded in the affirmative.
It was moved by Councilman Walter Temple, seconded by Councilman Joseph
DiLoreto, and so ordered to receive and file the Affidavits.
Mayor Jennings inquired if the City Clerk had received any written protests
or objections, and the City Clerk replied he had not.
Mayor Jennings inquired if there was anyone present who wished to speak in
protest to the Annexation, 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 6/10/74 -7-
RESOLUTION NO. 2954 ,x.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY
LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL
CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL
JANUARY 31, 1983 (ANNEXATION 74/13 - RUPP ROAD)
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. 2954.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Mayor Jennings said there are several hearing items on the agenda; that any-
one waiting to speak to a specific item may come forward and address the Council
at this time rather than waiting through the hearings.
Mr. Leo Hancock, 10929 Little Lake Road, asked if there is anything decisive
on the fencing and gates of properties adjacent to the Wilderness Park.
Mayor Jennings asked if Mr. Hancock is speaking in favor of both the
pedestrian gates and vehicle gates, and Mr. Hancock said yes.
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 647, Sites 1 and 3, North side
DePalma Street between Paramount Boulevard and Gurley 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 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 cost for improve-
ments at the following locations:
Site 1 - 8219 DePalma Street
Total Cash Assessment $142.70
Interest, 1-year assessment
commencing July 11, 1974 3.09
Total amount to be collected $145.79
Site 3 - 11757 Gurlev Avenue
Total Cash Assessment $125.12
Interest, 1-year assessment
commencing July 11, 1974 2.71
Total amount to be collected $127.83
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 Walter
Temple, and so ordered to close the hearing.
RESOLUTION NO. 2955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 647, NORTH SIDE OF
DEPALMA STREET BETWEEN PARAMOUNT BOULEVARD AND GURLEY
AVENUE
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 6/10/74 -8-
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to adopt Resolution No. 2955.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No, 648, Sites 1 and 2, South Side
DePalma Street between Paramount Boulevard and Downey 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 Donald Winton, 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 on the cost for im-
provements at the following locations:
Site 1 - 8246 DePalma Street
Site 2 - 11832 Paramount Boulevard
Total Cash Assessment $121.70 Total Cash Assessment $1,346.20
Interest, 1-year assessment Interest, 10-year assessment
commencing July 11, 1974 2.64 commencing July 11, 1974 483.92
Total amount, to be collected $124.34 Total amount to be collected $1,830.12
It was moved by Councilman Donald Winton, seconded by Councilman Joseph
DiLoreto, 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 Walter
Temple, and so ordered to close the hearing.
RESOLUTION NO. 2956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 648, SOUTH SIDE OF
DEPALMA STREET BETWEEN PARAMOUNT BOULEVARD AND DOWNEY
AVENUE
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. 2956.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 649, Site 1, East Side Paramount
Boulevard between Stewart and Gray Road and DePalma Street. 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 cost for improve-
ments at the following location:
Site 1 - 11832 Paramount Boulevard: Total Cash Assessment, $1,058.40;
Interest for 10-year assessment commencing July 11, 1974, $380.46; Total
amount to be collected, $1,438.86.
Council Minutes 6/10/74 -9-
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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 Walter
Temple, and so ordered to close the hearing.
RESOLUTION NO. 2957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 649, EAST SIDE OF
PARAMOUNT BOULEVARD BETWEEN DEPALMA STREET AND
STEWART AND GRAY ROAD
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. 2957.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No. 652, South side Brookmill Road
between Rives Avenue and Mnrn4,a 4vanno
Community Development Director Ervin Spindel informed the Council that
subsequent to setting this on the agenda, the property owner came in and placed a
deposit for the construction. He said he does not believe it will be necessary
to go on with this hearing.
The hearing was removed from the agenda.
Mayor Richard Jennings declared that this is the time and place for the
public hearing on Downey Improvement Project No 646 Sites 1 thru 7 South side
of Stewart and Gray Road between Old River School Road and Susan Avenue. He in-
quired 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 Donald
Winton, 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 cost for improve-
ments at the following locations:
Site 1 - 7344 Stewart & Gray Road Site 2 - 7338 Stewart d Gray Road
Total Cash Assessment $329.73 Total Cash Assessment $525.03
Interest, 3-year assessment Interest, 3-year assessment
commencing July 11, 1974 30.12 commencing July 11, 1974 47.94
Total amount to be collected $359.85 Total amount to be collected $572.97
Site 3 - 7326 Stewart d Gray Road Site 4 — 7320.Stewart &-Gray Road
Total Cash Assessment $316.53 Total Cash Assessment $322.53
Interest, 3-year assessment Interest, 3-year assessment
commencing July 11, 1974 28.89 commencing July 11, 1974 29.46
Total amount to be collected $345.42 Total amount to be collected $351.99
Council Minutes 6/10/74 -10-
Site 5 - 7314 Stewart & Gray Road Site 6 - 7308 Stewart & Gray Road
Total Cash Assessment $310.00 Total Cash Assessment $350.50
Interest, 3-year assessment Interest, 3-year assessment
commencing July 11, 1974 28.31 commencing July 11, 1974 32.00
Total amount to be collected $338.31 Total amount to be collected $382.50
Site 7 - 7302 Stewart & Gray Road
Total Cash Assessment $327.33
Interest, 3-year assessment
commencing July 11, 1974 29.88
Total amount to be collected $357.21
It was moved by Councilman Donald Winton, seconded by Councilman Joseph
DiLoreto, 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 Councilwoman Hazel
Scotto, and so ordered to close the hearing.
RESOLUTION NO. 2958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR
DOWNEY IMPROVEMENT PROJECT NO. 646, SITES 1 THRU 7,
SOUTH SIDE OF STEWART AND GRAY ROAD BETWEEN OLD RIVER
SCHOOL ROAD AND SUSAN AVENUE
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 so ordered to adopt Resolution No..29.58.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
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 May 13, 1974.
AYES: 4 Councilmen: Temple, DiLoreto, Scotto, Jennings
ABSTAIN: 1 Councilmen: Winton
Communication from Rapid Transit District regarding Transit Progress Month.
Ordered filed.
Communication from American Cancer Society regarding Appreciation for
Assistance in recent Bike -A -Thou to Police, Fire and Parks Departments. Ordered
filed.
Communication from American Cancer Society regarding Appreciation for
Assistance in recent Bike -A -Thou, Parks & Recreation Department. Ordered filed.
Communication from American Cancer Society regarding Appreciation for
Assistance in recent Bike -A -Thou, Police Department. Ordered filed.
Communication from Councilman Walter Temple regarding Appointment of Mr.
Vincent Capizzi to the Health and Sanitation Committee. Ordered filed.
LEGAL CLAIMS (for information only)
Ref.
#177,
Joy A. Hanna
Ref. #181,
Velma Funk
Ref.
#178,
Leslie F. Spencer
Ref. #182,
Vernon Lloyd Parkerson
Ref.
#179,
Gladys Reusch
Ref. #183,
State Farm Insurance
Ref.
#180,
Leonard Niemi
(for Joe
Cunningham)
Council Minutes 6/10/74 -11-
LEGAL CLAIMS (for Council action)�iad
Ref. #168, Automobile Club (Albert & Jennie Koenig)
Ref. #169, Allstate Insurance (Raymond Wagner)
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to accept the claims of Automobile
Club and Allstate Insurance, as recommended by the carrier.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE MUNICIPAL CODE RELATIVE TO ONE-HALF FEE
DOG LICENSES
The Ordinance was read by title only. It was moved by Councilman Donald
Winton, seconded by Councilman Walter Temple, and so ordered to waive further
reading.
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to introduce the Ordinance.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
RESOLUTION NO. 2959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A
TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND
DRAINAGE SYSTEM KNOWN AS (SELECT SYSTEM PROJECT NO. 286)
MISCELLANEOUS TRANSFER DRAIN NO. 526, IN THE CITY OF
DOWNEY, FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE
THEREOF
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. 2959.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
RESOLUTION NO. 2960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS
FOR THE MAINTENANCE OF SELECT SYSTEM STREETS
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. 2960.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
RESOLUTION NO. 2961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING LEAVE POLICY
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 6/10/74 -12-
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to adopt Resolution No. 2961.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to approve General Warrants #31420 - 31588,
$261,718.68; and #31589 - 31693, $256,296.49.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Following a summation of bids, it was moved by Councilman Donald Winton,
seconded by Councilman Walter Temple, and passed by the following vote to award
Cash Contract #SS-268 Florence Avenue Fairford Avenue and Dollison Drive, in
the amount of the unit prices bid, to Griffith Company of Long Beach, the lowest
and best bidder, and to reject all other bids.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to accept the improvements completed in
conjunction with Cash Contract #SS-257 Unit II - Cash Contract #SS-287, Stewart
and Gray Road, from Paramount Boulevard to Salford Avenue, and accept the
responsibility for maintenance thereof.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to approve plans and specifications and
grant authority to advertise for bids on Cash Contract #349 Adoree Avenue - Storm
Drain, subject to approval of plans and specifications from the Los Angeles County
Flood Control District.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Report on Comparison of Water Rates. Presented for information only.
Mayor Richard Jennings commented on the proposed increase in rates of Park
Water Company and Southern California Water Company. He called for a study of the
Downey City Water Company rates to determine whether they should be raised commen-
surate with Park Water Company.
Councilman Joseph DiLoreto inquired if this information has been submitted
to the Water Board. Community Development Director Ervin Spindel said it will be
submitted to the Water Board at its meeting next week.
City Manager Charles Thompson pointed out there is a review of the Water
Department at budget time each year.
Councilwoman Hazel Scotto indicated it appears the rate drops as usage
increases, and she is interested in conserving energy.
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to confirm the assessment of sewer
connection fees on Cash Contract #SS-287/257, Stewart and Gray Road - Sewer Main.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to approve the retention of the firm
of Envicom of Encino, California, to prepare the Seismic Safety Element
of the General Plan.
Mayor Richard Jennings raised questions regarding whether the seismic element
will require an ordinance or a change in the building code. He further inquired
if the $6,000 will cover changes in the building code.
Community Development Director Ervin Spindel said this part of the report
will be recommendations as to whether the City needs any changes in the building
code within the zoning ordinance. He indicated the amount will cover the con-
sultant's recommendations for the changes.
Council Minutes 6/10/74 -13-
/i E"""-^d ✓A
Discussion followed.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and passed by the following vote to approve the retention of the firm of
Olson Laboratories, Inc., to prepare the Noise Element of the General Plan.
Mayor Richard Jennings raised questions regarding the necessity for using the
same type of instrument as the consultants will use to establish and enforce the
ambient noise level.
Discussion followed.
Mayor Jennings pointed out the theory is for the City to establish ambient
noise Levels and then go out with its instrument, and if the noise is above the
ambient level, it is in violation of the ordinance.
Building Official Ray Lake commented initial studies by any company will be
made with instruments which are calibrated to standards set by the U.S. Government,
and regardless of the make of the instrument, as long as the instrument is cali-
brated before and after, all of the results will be acceptable. He said any
instrument the City uses, as long as it has the calibration, will be found to meet
these particular standards.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Workmen's Compensation Insurance Report
City Manager Charles Thompson said when this matter was taken under submission
at the last Council meeting, one of the questions raised was whether or not the
Workmen's Compensation State Fund would take the City back under the Fund in case
it wanted to go back after a period of self-insurance. He advised the answer is
yes --it is a matter of application to the State Fund for re-entry under the State
Fund.
Responding to another question raised at the last meeting, Mr. Thompson stated
on a self-insurance basis the City would be handling the claims directly. In
regard to the claims administration, he said some contacts have been made.
Finance Director Richard Patton advised at 5:00 p.m. this evening, two pro-
posals were received in regard to the claims administration, and he has not had an
opportunity to review them.
Councilman Donald Winton suggested this matter be placed on the agenda for
consideration at the June 12th adjourned meeting.
City Attorney Royal Sorensen indicated an adjourned meeting is the same as
any regular meeting, and the Council can discuss any item.
In relation to the excess re -insurance, Mr. Patton informed the Council the
City has only received one proposal at this time. He suggested at the June 12th
meeting he could bring to the Council a recommendation regarding the claims
administration, and then the excess re -insurance could be presented at the next
regular meeting.
This matter was taken under submission to June 12th.
It was moved by Councilman Walter Temple and seconded by Councilman Donald
Winton to approve the Low bid by Aeroline Fence Company, Alhambra, in the amount
of $5,570 on Project Contract 187, Fencing and Gates - Wilderness Park.
Mayor Richard Jennings commented on his previous request to receive a copy
of the previous Council Minutes showing where it was approved to allow vehicle
and pedestrian gates into Wilderness Park.
City Manager Charles Thompson said he does not know of any direct Council
action to approve of vehicular activity other than the bidding that was brought
in on the fencing.
Council Minutes 6/10/74 -14-
Mayor Jennings questioned the possible City Liability in permitting vehicles
to ingress and egress to Wilderness Park from private property.
Discussion followed regarding the purpose of the ingress and egress.
Mayor Jennings said the people have been using the ingress and egress
illegally without prescriptive rights, and now the City is giving them rights to
use it by putting in a gate.
It was moved by Councilman Donald Winton to withdraw his section to the
motion to approve. He said he would like to take this matter under submission.
(See later motion.)
Councilman Joseph DiLoreto stated his initial concern is that it is a park,
not a storage area, and he noted a yard has been used for years for parking a
commercial vehicle. The said the potential liability of the City is there, and
approval would be giving people a roadway through a publicly -owned park.
City Attorney Royal Sorensen explained it is his understanding the area in
question is an area which is going to be used by vehicles, in any event, and
vehicles which will be carrying people in to use the park. He said the additional
use, as he understands it, is if the fence is put up and gates are allowed, people
will be allowed to use those gates to drive from an already existing roadway or
parking area onto their private property, and by the same token to exit from their
property into that park area. Mr. Sorensen stated he does not know whether this
would increase the use of that area significantly, however, the houses exist, the
properties exist, and the roadways exist whether a fence is put there or not, and
he cannot say it either would or would not increase the City's liability. He indi-
cated if it is an incidental use that it is going to change the character or use
of that parking roadway enough to create any liability. He said possibly the City
could be accused for not properly policing the area, and this could happen in just
the parking area.
Mr. Thompson commented if there is a commercial vehicle parking in back of one
of the yards, it is being used in a commercial way, which is a zoning violation.
He further stated the roadway was intended for the people to be able to use it with
the gates being locked and a key being kept by a caretaker at the Nature Museum.
Further discussion ensued.
On the advice of the City Attorney relative to the liability factor, it was
moved by Councilman Donald Winton, seconded by Councilwoman Hazel Scotto, and passed
by the following vote to approve the low bid by Aeroline Fence Company, Alhambra,
in the amount of $5,570 on Project Contract 187, Fencing and Gates - Wilderness Park.
AYES: 3 Councilmen: Temple, Winton, Scotto
NOES: 2 Councilmen: DiLoreto, Jennings
It was moved by Councilman Donald Winton, seconded by Councilwoman Hazel
Scotto, and passed by the following vote to grant permission to contract for
the purchase of Library Books from the brokerage firm of Bro-Dart, Inc., of
Williamsport, Pennsylvania, based on discounts offered and pre -payment of shipping
charges as per Bid No. 7051 - Library Books for Fiscal Year 1974-75.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Request for Building Permit in conformance with Interim Ordinance No 440 for
the Construction of Apartments on the Southeast Corner of Telegraph Road and
Serapis Avenue
Responding to questions, City Planner William Coggin said this leaves an R-1
strip of land along the south side of the development. Further, he said, this meets
all of the requirements of the Apartment House Committee and provides guest parking
of five -to -one. Mr. Coggin advised that the applicant has agreed to drop the access
on the most westerly driveway on Telegraph, and so there will only be one access
onto Telegraph Road.
It was moved by Councilman Joseph DiLoreto, seconded by Councilman Donald
Winton, and passed by the following vote to approve Request for Building Permit in
conformance with Interim Ordinance No. 440 for the Construction of Apartments on
the Southeast Corner of Telegraph Road and Serapis Avenue.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Council Minutes 6/10/74 -15-
CITY MANAGER'S REPORT
The City Manager Report file contained Sales Tax Analysis -- Filed.
City Manager Charles Thompson reported on a previous request for approval of
the change in Base Liability Insurance Coverage for Fiscal Year 1974-75.
Finance Director Richard Patton explained on May 6th, it was learned that
Chubb/Pacific Indemnity Group was withdrawing from writing municipal corporate
liability insurance in the State of California. He said Chubb/Pacific at this
time is writing 70 percent of the municipalities in the State, and because he
anticipated problems in securing insurance, he instructed the City's present
broker, Nash Insurance Agency, to go to the Gulf Insurance Group, who is the
second largest writer of municipal insurance in the State. Mr. Patton stated
Nash Insurance did return with a proposal and solicited eleven additional pro-
posals; that the only group responding to the entire package was Insurance
Company of the Pacific, which is one of the Gulf Insurance Group companies.
Mr. Patton briefly commented on the other proposals received. He said because
of the shortness of time and uncertainties of securing liability insurance for the
City as of July 1, 1974, he recommended the Council approve entering into securing
Base Comprehensive General Liability Insurance, which is identical to the present
public indemnity policy, with Insurance Company of the Pacific for an annual
premium of $76,133, effective July 1, 1974. He noted Insurance Company of the
Pacific is a 5-A rated company, which is the highest rating an insurance company
can receive.
Discussion followed regarding increased premium costs and the limited number
of insurance carriers that will write municipal coverage.
Mr. Thompson said the League of California Cities points to indications of
the State possibly forming a self-insurance participation program for cities
feeling the effect of high premiums and less insurance carriers.
It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple,
and passed by the following vote to approve policy coverage as recommended by the
Director of Finance and as reported by the City Manager.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
ORAL COMMUNICATIONS
Mr. Bruce Watson, 7326 Neo Street, Downey, commented on Assessment District
No. 117 improvement project.
Councilman Walter Temple commented on a review of the City Budget by
Councilwoman Scotto and himself. He said a letter will be forthcoming to the
Council with Budget report prior to June 12th Budget study session.
In discussing the Summer Recreation Program for Citizens, Councilman Joseph
DiLoreto suggested the hours of registration for such programs be scheduled
during evenings.
Councilman Donald Winton appointed Mrs. Betty Rupp to the Health & Sanitation
Committee to represent District One.
Councilwoman Hazel Scotto mentioned how the new Communicator edition was very
nice and informative.
Councilwoman Scotto and the Director of Community Development discussed the
current status of the Bike Route Maps.
Councilwoman Scotto suggested exploring the possibility of using Freeway Open
Space Areas for growing of produce,
Mr. Bruce Watson, 7326 Neo Street, addressed the City Council and suggested
possible means of improving delivery of the Communicator to apartment buildings.
He said the Postal Department should insert the Communicator into each mail slot
instead of leaving all papers in the open tray below the mailbox facility.
Council Minutes 6/10/74 -16-
Mayor Richard Jennings reported the Second Century Foundation is now starting
work on the Bi-Centennial Program and has requested $1,500 in the coming 1974-75
budget.
It was moved by Mayor Richard Jennings, seconded by Councilman Walter Temple,
and passed by the following vote to appropriate $1,500 from the Special Projects
Fund for the Second Century Foundation Bi-Centennial Program.
AYES: 5 Councilmen: Temple, DiLoreto, Winton, Scotto, Jennings
Councilman Temple stated he was appointed to be liaison between the City
Council and the Second Century Foundation for the Bi-Centennial purposes, and he
asked that he be included on the appropriate mailing list.
Councilwoman Hazel Scotto reported on RID hearing regarding"140-mile line
haul'.'
It was moved by Councilman Donald Winton, seconded by Councilman Walter
Temple, and so ordered to adjourn the Council Meeting at 11:03 p.m. to 5:30 p.m.,
Wednesday, June 12, 1974, in the Green Room of the Downey Theatre.
Kober L. ShaYid, City Clerk -Treasurer Richard M. Jenning , Mayor
Council Minutes 6/10/74 -17-