Loading...
HomeMy WebLinkAboutMinutes-02-09-76-Regular Meetingi MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 9, 1976 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Commendation to Michael T. Perras Resolution #3239, Confirming Assmt. for Chptr. 27 Proceedings for DIP #669, E/s Brookshire Ave. bet. Cleta & Luxor Resolution #3240, Confirming Assmt. for Chptr. 27 Proceedings for DIP #670, E/s Brookshire Ave. bet. Luxor & Fontana DIP #671, Sites 1 - 5, W/s Brookshire Ave. bet. Davis & Cleta DIP #686, S/s Florence Ave. bet. LaReina & Downey - Auth. Dept. Comm. Dev. to proceed w/construction Appeal, Tentative Tract #32629, 10035 Haledon Ave. Appeal, ZE Case #1238, 10508 Mattock Ave. Environmental Impact Report concerning Safety Element of Comprehensive General Plan Resolution #3242, Adopting Safety Element of Comprehensive General Plan. Minutes, January 27, 1976 Adopted Adopted Hearing cont'd to Z'/24/76 Approved Hearing cont'd to lf24/76 Denied Certified Adopted Approved Agenda Correspondence Items Filed CC #383, Furman Park, Utility Undergrounding - Accept improvements Approved SS Project #280, Washburn Rd., Woodruff/ Regentview; Woodruff Ave., SPRR/Washburn - Plans, specs, & auth. to advertise Approved General Warrants #142200-142542; #202093-202144 Approved 'r Ordinance #498, Auth. Amendment to Contract bet. City & PERS Adopted Resolution #3243, Apprvg. Final Subdivision Map of Tract #30904 (8413 Lexington Rd.) Adopted Park fee on Tract #30904, 8413 Lexington Rd. - Set $1.50 per sq. foot, or $3,228.42 total Approved Resolution honoring Bicentennial Year Celebration, 1776-1976, Supporting Rights set forth in Constitution of United States Failed Resolution #3241, Expressing Sorrow at the Passing of Oren L. King CC #374, Misc. Repairs & Gutter Const. - Award to Young Cement Co. Additional Tennis Courts at Downey SE Park Use of Heliport site for additional tennis courts - Auth. staff to prepare a study & cost study Resolution in favor of Tort Reform Adopted Approved Citizen disczssion Approved City Clerk to prepare for next meeting PAGE NO. 1 1 2 3 71, 8 4 4 4 5 5, _x 5 5 5 5 5 5 5 6 6 7. 7 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 9, 1976 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. Rives Avenue School - Auth. City Manager to acquire Rives Ave. School, as outlined in CM Report, & that title pass proportionately w/payments Approved 8 Council discussion re I-105 Freeway 8 Appoint Mrs. Catherina Walker to Library City Clerk to prepare Advisory Board Resolution for next meeting 9 Executive Session re possible litigation 9 Adjourned in memory of Oren L. King 9 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 9, 1976 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 9, 1976, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Hazel N. Scotto Donald H. Winton Richard M. Jennings William L. Greene Joseph E. DiLoreto ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Mark C. Allen, Jr., Acting City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief William A. Goggin, City Planner _ Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Lyle H. Wilkinson, Battalion Chief Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Donald Kanaley, Minister of Membership„ First Baptist Church, followed by the Flag Salute led by Councilman Winton. PRESENTATIONS Councilman Jennings commented on the outstanding accomplishments of Micaeael T. Perras, a citizen of Downey and graduating student of Long Beach City College. Mayor DiLoreto assisted in the presentation of a commendation to Mr. Michael T. Perras. HEARINGS Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 669 Site I East side Brookshire Avenue between C1eta Street and Luxor Street. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. -it was moved by Councilman -Winton; seconded by -Councilwoman Scotto, -and --so ordered to receive and file the Affidavit. Mayor DiLoreto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the cost foi impro%ement and recommended the Council confirm the assessments. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and so - ordered to receive and file the Engineer's Report as written. Mayor DiLoreto inquired if there was anyone present who wished to speak in protest to the improvement, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Greene, and passed by unanimous vote of the City Council to close the hearing. RESOLUTION NO. 3239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 669, EAST SIDE OF BROOKSHIRE AVENUE BETWEEN CLETA STREET AND LUXOR STREET' The Resolution was read by title only'. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by unanimous vote of the City Council to adopt Resolution No. 3239. Council Minutes 2/9/76 -1- _36 Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 670, East side of Brookshire Avenue between Luxor Street and Fontana Street. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and s4 ordered to receive and file the Affidavit. Mayor DiLoreto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the cost for improvement and recommended the Council confirm the assessments. It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to receive and file the Engineer's Report as written. Mayor DiLoreto inquired if there was anyone present who wished to speak in protest to the improvement, and there was no response. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to close the hearing. RESOLUTION NO. 3240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY- CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 670, EAST SIDE OF BROOKSHIRE AVENUE BETWEEN LUXOR STREET AND FONTANA STREET The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman. Winton, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to adopt Resolution No. 3240. Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 671 Sites 1 2 3 4, and 5, West Side of Brookshire Avenue between Davis Street and Cleta Street. He inquired if the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor DiLoreto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Community Development Director Spindel requested the hearing be continued to February 24th inasmuch as all of the properties have recently changed hands and the new owners did not know of this proposed assessment until they received the notice of cost. He said the new owners have been advised of their opportunity to apply for matching funds, and all but one have applied. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to continue the hearing on Downey Improvement Project No. 671 to 8:00 a.m., February 24, 1976, in the Council Chambers of the Downey City Hall. Mayor DiLoreto declared that this is the time and place for the public hearing on Downey Improvement Project No. 686 South side of Florence Avenue between LaReina ---- Avenue and Downey Avenue. He inquired it the City Clerk had the Affidavit of Posting and Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavit. Mayor DiLoreto inquired if the City Clerk had received any written protests err objections, and the City Clerk replied he had not. Community Development Director Spindel reported on the estimated cost to ttye pro- perty owners, including matching funds. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive the Engineer's Report. Council Minutes 2/9/76 -2- Councilman Greene mentioned he was contacted by Mr. and Mrs. Ulrich objecting;to the amount of concrete being asked for on the corner. Mr. Spindel explained this has been changed. Mayor DiLoreto inquired if there was anyone present who wished to speak in protest to the improvements. Mr. W. F. Ulrich, 8136 Florence Avenue, asked why the sidewalk has become an issue and if this was due to a complaint. Mr. Spindel replied yes. Mr. Ulrich inquired regarding sidewalks.on the south side of Florence Avenue be- tween Downey and Brookshire since over 90 percent of the sidewalks are in. LHe commented on an obstruction that exists on a 100 foot lot in this area. Councilman Jennings mentioned this is a number one priority street, and the City is committed to complete sidewalks as expediently as possible. Mr. Ulrich suggested consideration be given to revamping the sidewalk return and making it uniform with the southeast corner across the street. Mr. Spindel explained this has been modified. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to close the hearing. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to authorize the Department of Community Development to proceed with construction on Downey Improvement Project No. 686. Mayor DiLoreto declared that this is the time and place for the public hearing on Appeal, Tentative Tract No. 32629, 10035 Haledon Avenue, with respect to underground power service. City Planner Goggin stated the applicant is appealing a decision of the Planning Commission requiring that he underground electrical outlets in converting apartments to condominiums. He said the Council's action will be final in this regard. Mayor DiLoreto inquired if the City Clerk had received any correspondence ro-c:-this matter, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in savor of the appeal, and there was no response. He inquired if the applicant was present, and there was no response. -- -. r - _ It was moved by Councilman Jennings, seconded by Councilman Greene, and sr ordered to recess the hearing. (See motion to continue hearing on Page 8) Mayor DiLoreto declared that this is the time and place for the public hearing on Appeal, Zone Exception Case No. 1238, 10508 Mattock Avenue. He inquired if th=_. City Clerk had the Affidavit of Publication, to which the City Clerk responded in the,. affirmative. It was moved by Councilman Jennings, seconded by Councilman Winton, and SD ordered to receive and file the Affidavit. City Planner Goggin reported on the zoning of the property and stated tlu, request is to park a catering truck over 3/4 ton in size in a carport in the rear yanj of a' - single family residence in connection with a home occupation. He commented the appli- cant also proposes to construct a carport in front of a garage which at the present time does not have any garage doors. Referring to the home occupation clause contained in the municipal code, Mr. Goggin stated the truck is larger than what is permitted under the code. Mayor DiLoreto inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Ramon Yabra, 10508 Mattock Avenue, the applicant, said he is requesting permission to park his catering truck on his property; that the business is conducted outside the home. He commented he cannot move his truck to another location. Responding Council Minutes 2/9/76 -3- to questions, mr. Yabra expiained his wife and brother-in-iaw operate the business; there is no cooking done on the premises except for heating the grill; and there is 3 small quantity of soft drunks and two ice machines in the garage. He said his neigh.'o,pr operates a junk business on his property, which is a fire hazard. Mr. Yabra nohad he installed his garage door several days ago. Responding to further questions, Mr. Yabra said the ice macbine.s do not make noise, and several times a week he has bread delivered to his home; the rest of his merchandise is purchased elsewhere; and the milk deliveres are for hLs personal use only. He stated he would have to pay for parking his truck in a catecing truck yard, and there are problems with theft. Mr. Michael Kotrba, 7623 Rundell, commented the catering truck with the doors closedcould be called a recreational vehicle. \ Also, he said the vehicle is the appli- cant's means of an occupation. There being no one else to speak in favor of the appeal, Mayor DiLoreto inquired if there was anyone present who wished to speak in opposition. Mr. Larry Riley, 10502 Mattock Avenue, presented a petition containing 37 signatures of residents opposed to the appeal. He commented on the noise emanating from the applicant's commercial ice machines and a plug-in device on the catering truck. There being no one else to speak in opposition, the applicant was al -lowed to speak in rebuttal. Mr. Yabra invited the Council to see his property and that of his reighbor's. It was moved by Councilman Winton, seconded by Councilman Greene, and passed by unanimous vote to close the hearing. It was moved by Councilman Jennings, seconded by Councilwoman Scottv,,, and passed by the following vote that the Planning Commission's decision be upheld amd the Appeal to Zone Exception Case No. 1238 be denied. AYES: 4 Council Members: Scotto, Jennings, Greene, DiLoreto NOES: 1 Council Member: Winton Mayor DiLoreto declared that this is the time and place for the public hearing on Environmental Impact Report and Safety Element of the Comprehensive General Plan. He inquired if the City Clerk had the Affidavit of Publication, to which the +O,ity responded in the affirmative. It was moved by Councilwoman Scotto, seconded by Councilman Winton, and so ordered to receive and file. " — '-- City Planner Goggin reported -this public safety -element complies -with --the State --- Law and sets forth in general terms certain areas of concern outlined by the State. He said the element covers police, fire, disaster operation, risk management, and makes recommendations as to the procedures, policies, and goals the City should have. Mayor DiLoreto inquired if the City Clerk had received any corzespondence on this matter, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in favor of the Environmental Impact Report and Safety Element of the Comprehensive General Plan, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed --- by unanimous vote of the City Council to close the hearing. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to certify the Environmental Impact Report con- cerning the Safety Element of the Comprehensive General Plan. RESOLUTION NO. 3242 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE SAFETY ELEMENT OF THE COMPREHENSIVE GENERAL PLAN. SAID ELEMENT,MEETS THE REQUIREMENTS OF THE CALIFORNIA GOVERNMENT CODE, SECTION 65302 The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. Council Minutes 2/9/76 -4- 59 It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passe•:i by unanimous vote of the City Council to adopt Resolution No. 3242. CONSENT CALENDAR It was moved by Councilman Jennings, seconded by Councilman Winton, and passed 1�y unanimous vote of the City Council to approve the Consent Calendar: Minutes of Regular City Council Meeting of January 27, 1976. Correspondence from Department of Housing & Community 'Development acknowledging" receipt of Downey Ordinance No. 496 creating a Community Development Commission. Correspondence from Pacific Telephone & Telegraph Co. rt-garding Apl;.ication for Increase in Intrastate Telephone Rates. Cash Contract #383, Furman Park, Utility Undergrounding: Accept improvements. SS Project #280, Washburn Road: Woodruff/Regentview; Wcodruff Avenue: SPRR/Wash ` Approve plans, specifications and grant authority to advertise for bids. General Warrants: #142200 - 142542; #202093 - 202144: 7437,045.37. ORDINANCES ORDINANCE NO. 498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF1)OWNEY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEIS THE CITY COUNCIL OF THE CITY OF DOWNEY AND THE BOARD, OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEiS' RETIREMENT SYSTEM The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, ans`passed by unanimous vote of the City Council to adopt Ordinance No. 498. RESOLUTIONS RESOLUTION NO. 3243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 30904 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND -ACCEPT- ANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (8413 LEXINGTON ROAD) uThe Resolution was read by title only. It was moved by Councilman Wiitton, seconded by Councilman Jennings, and so ordered to waive further- reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to adopt Resolution No. 320- It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by unanimous vote of the City Council to set the Dark fee on Tract No. 30904, 8413 Lexington Road, at $1.50 per square foot, or $3,228.42 total. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Or DOWNEY, CALIFORNIA, HONORING THE BICENTENNIAL YEAR CELEBRATION,.„.- ---- 1776-1976, BY SUPPORTING THOSE RIGHTS SET FORTH IN THE CONSTITUTION OF THE UNITED STATES OF AMERICA The Resolution was read by title only. It was moved by Zouncilman Jennings, seconded by Councilwoman Scotto, and so ordered to waive fur:%!her reading.. It was moved by Mayor DiLoreto to adopt the Resolution. Motion died for lack of a second. RESOLUTION NO. 3241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXPRESSING ITS SORROW AT THE PASSING OF OREN L. KING Council Minutes 2/9/76 -5- The Resolution was read in its entirety. It was moved by Councilman Winton, seconded by Councilman Greene, and passed by unanimous vote of the City _Council' to adopt Resolution No. 3241. _.340 CASH CONTRACTS Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Winton, and passed by unanimous vote of the City Counci3 to award Cash Contract #37-42 Miscellaneous Repairs and Gutter Construction, in the a..ount of the, unit prices bid, to Young Cement Co. of Los Angeles, the lowest and best bidder. Mayor DiLoreto declared a recess at 8:50 p.m. The meeting resumed at 9:02 p.m. with all Council Members present. --- At this time Mayor DiLoreto announced the Council would open the Agenda to Oral Communications. Correspondence from Betty Hunter regarding Council's action to Eliadnate Future Plans for Additional Tennis Courts at Southeast Park. Mayor DiLoreto inquired if there was anyone present who wished to speak to this matter. Mr. Fred W. Field, 8135 Valdina Drive, Downey, speaking for Betty Huat-er, commentec on the tennis clubs in the City and of the need for additional courts. Hb. discussed the growth of tennis in the Country. Mr. Field said there are advantages of adding court& to the Southeast Park because there is a pro there who will maintain them_ Also, he indicated further revenue could be derived from the additional courts, and his proposal - is to add four tennis courts to the Downey Southeast Park. Parks & Recreation Director Neavill pointed out the Park's Master Plin. as adopted by the Council indicates no expansion of tennis courts; the Plan moves the proposed baseball diamonds more in the direction of the existing courts which provides open field area for recreational activities. 1. Mayor DiLoreto suggested consideration be given to the heliport land w£aich is sitting vacant. Mr. Neavill stated from the standpoint of overall land use, staff and the Recrea- tion & Community Services Commission had not considered the heliport property because of indicated uses for that property. However, he said, from the standpoint or -- desirability in relation to the existing courts, it would be more desirable and less expensive to develop on that site. Councilman Winton commented on the lack of park land in District One, which is currently 17 acres for 282656 residents, and said there is a need for additional parks --------and additional- tennis courts.. ---He noted the City ,Counc- L_ approved the purr':ase__of.____ property on Dunrobin Street to allow access into the Park; that Gauldin Srhool is one of the most heavily populated schools; and that area is quite heavily populated, both to the east and to the south of thv Park. Councilwoman Scotto mentioned she had inquired about the cost to buiLd a less expensive court for people to practice on and was.informed the cost woulf be in the area of $3,000. Mayor DiLoreto again suggested using the vacant heliport property. Mr. Neavill pointed out the General Plan for 1990 calls for establishing prioriti for future park acquisition and development based on existing deficiencies and to pro- vide facilities in those areas of greatest need first. He noted Districts Two and Fou. are deficient in tennis courts, and although staff has considered the importance of a tennis center, it is of lower priority than equitable distribution of tennis courts throughout the City. He spoke in favor of using the heliport as a major tennis center Mr. Gary Lindstrom, resident pro at the Downey Southeast Park, stated he thinks the people are concerned in that they would like to be part of the planning and decisions made for additional courts. Discussion followed. Mr. Vince Mottola, 7963 East Fifth Street, spoke in .favor of adiditional tennis courts and racketball courts. Mr. Jim Buell, 1226 Cleargrove Drive, said he is a summer tennis instructor and courts on the heliport site will be difficult to police. Council Minutes 2/9/76 -6- 341„ Mrs. Patricia Clark, 8346 Lexington Road, spoke in favor of additional tennis courts but said she is not in favor of having, baseball diamonds next to the courts or having the courts spread throughout the City. Mr. Gene Stanley, 8444 Byers Street, stated his objection to asphalt courts, Mrs. Betty Hunter, 7818 Irwingrove Drive, commented on the :need for a tennis center. Councilman Jennings reminded the Council that when it comes to -appropriating money for parks, the most deficient area in parks is District Two, and the biggest need in the City is for another park properly located in that District. It was moved by Mayor DiLoreto, seconded by Councilman Jennings, and passed by unanimous vote of the City Council to authorize staff to prepare a study and cost study of the use of the heliport for additional tennis courts. Dr. Robert Ravens, 7635 Sarabeth Street, Downey, extended a request for the City Council to adopt a resolution in favor of tort reform. He said the State stands in an absolute state of peril as far as medical help is concerned, and he mentioned the cities that have passed resolutions favoring tort reform. Dr. Ravens commented. on the problems facing the Country and this State with regard to malpractice insurance. Mayor DiLoreto noted malpractice insurance has gone up for everyone., and for Lawyers it has gone up 400 percent in the last year. Dr. Waite, 5248 Vista Del Sol, Cypress, said many doctors have written letters to the State legislature and nothing has happened. Dr. Ravens indicated the physicians are very much in favor of the ao ng Bill as it now stands. Joanne Hale, 9224 Brookshire Avenue, Downey, speaking as an unemplmy ed nurse, men- tioned she has written many letters, and she urged everyone else to write_. The City Clerk was directed to prepare a resolution to be placed on the Council Agenda for the next meeting. CITY MANAGER'S REPORT After reporting on negotiations for the Rives Avenue School, City Manager Thompson recommended the City Council formally offer to the Downey Unified School District the: sum of $567,000 for the school based upon a contractual agreement containing a provisior. that the payments be made in three equal installments spread out over three fiscal years, with the money coming from the Housing & Community Development Act entitlements in the City; that occupancy of the entire site would take place immediately upon close - --o£ escrow of the first site; -and that the -purchase -wild be based upon -a--three _percent —=---- interest rate on the unpaid balance. He mentioned the gym buildings could be used for recreational programs and could make the recreation center available.for moving the park offices to the civic center; also, some income could be derived frv:r, the property through leasing of some of the facilities needed for various creational activities. Responding to questions, Mr. Thompson stated he did explore with Dr. Gallegos, the School Superintendent, the possibility of leasing the property, but Dr.. Gallegos did not feelhe could recommend this to the School Board. Also, he said,:,any lease amount would have to be based on the market value and then, in effect, the City would be pay- ing for the property in about ten years anyway. Mr. Thompson indicated the School District does not foresee any further use of this property. It was moved by Mayor DiLoreto and seconded by Councilwoman Scotto to auth rize the City Manager to acquire the Rives Avenue School, as outlined in the City Manager's Report. Councilman Jennings said before voting he would like to request two changes: He would reauest the money from the Capital Improvement Fund be used fox the purchase rather than funds from the Housing & Community Development Act; also, that the title must pass proportionately with the payments, starting at the east end of the property, one-third of the property with each payment. Mr. Thompson indicated there was a technicality as to how this would be handled, which was questioned by the School Board. .He said this could he a contractual arrangement. Council Minutes 2/9/76 -7- Councilman Jennings asked for a Council vote as to where the funds will come fr�,m. using Housing & Community Development Act funds because -they He said he disagreed with have been earmarked for neighborhood rehabilitation. Com Mr. Thompson explained the reason herecommended usinsubmitHousingted urderm nityousi.ng & Development moneys is that the City's p Y p g ramCommunity Development Act last year called for two major aspects of the program: One is a neighborhood or community center, of which the Rives Avenue School would qualify.; the other is a housing and rehabilitation program, of raezich $212,000 Revenue Sharing has been earmarked. He said there are some advantages to ,,Jaring Revenue Sharing Funds into ther:: than the the program because there is more leeway in the use of tl_,ose moneys ra Housing & Community Development Act. stated he thinks the Council shou3i go along During discussion, Mayor DiLoreto with the City Manager's recommendation. The Council concurred that the motion to approve ina odes Councilman Jennings' request for the title to pass proportionately with the payments. The motion to approve was unanimously passed by a vote o1i the City Council. .May DiLoreto reconvened the hearing on. A eal Tentative Tract No. 32629 10035 Haledon Avenue. He inquired if there was anyone present who swished to speak in favor of the and there was no response. It was moved by Councilman Jennings, seconded by Councilwoman Scotto, and passed by the following vote to continue the hearing to 8:00 a.m., 7cabruary 24, 1976, in the Council Chambers of the Downey City Hall - AYES: 3 Council Members: Scotto, Jennings, DiLore= NOES: 2 Council Members: Winton, Greene COUNCIL ORAL COMMUNICATIONS Councilman Greene inquired regarding the Graffiti Removal. Program. Community Development Director Spindel replied the form for waiving liability has been completed and now the program will begin. n his recent trip Councilman Jennings reported ato Sacramento in rela_on to the- I-105 Freeway. He reported that Vice Mayor DuBey of Paramount stated the representatives Eownetatives of approximately seven million people, with the exception of three people Y7 favor construction of the freeway -as originally presented. Councilman Jennings stated Assemblyman Vicencia recommended that in lieu of large and expensive group meetings each City should appoint a representative to attend future meetings. He requested the Ma}or to appoint him as City of Downey representative to attend meetings and return with the --be--made-at_the.-meeti -- -information therefrom.--He-said-no decisions wouldngs,_.and_ Qrmost in his e_--.-y-.: majority vote of the Council as to the freeway position would be kept upp mind at all times. Councilwoman Scotto asked the Mayor to defer action un1.1 after sheF:as commented ngs' actions at Sacramento. on Councilman Jenni Discussion followed. Councilwoman Scotto called for a policy as to who will represent th_ Council. She said this would be to send a memo to each Council Membkc�, wherein they would approve of a representative attending a function or at 1exs+ one Council Member could go if there are no objections. Councilman Winton reminded the Council. that Councilwoman Scotto is the Council representative of Downey on the Transportation Committee'and that he is the alternate. Mayor DiLoreto reviewed events and said Councilman Jennings announced he planned to go to Sacramento to attend the freeway meeting, and ',:here was no objection at that time. Discussion followed. s very proud of what ay exactly the same words again. said at the Sacramento Councilman Jennings said he waould say meeting, and that if he had it to do tomorrow he w Mayor DiLoreto reviewed the question asked by Councilman Jennings. Council Minutes 2/9/76 -8- decision to the question needed to be made at this Councilman Greene asked if a time. 5343 Councilwoman Scotto said she was not in favor of the question. Councilman Jennings withdrew his request. Councilman Jennings moved that Councilman Greene be appointed. Councilman Greene declined. Councilman Jennings withdrew his motion. mmented that no future freeway meeting has been called and Councilman Greene co Council- maybe this is not the right time to decide upon a -representative of the City Council. Councilman Winton expressed a desire to a Dint Mrs. Catherine Walker to the Library Advisory Board. The City Clerk was requested to prepare a resolution .for the next Council meeting. Mayor DiLoreto recessed the meeting to executive session at 10:37 p.m. to discuss possible litigation. The meeting resumed at 10:49 p.m. with all Council Members present. come before the City Council the meeting was There being no further business to adjourned at 10:50 p.m. in memory of Oren L. King. rk-Treasurer Jos h . DiLo eto, Mayor Robert L. Shand, ity Cle wss_a �_.: irate. Council Minutes 2/9/76 -9-