HomeMy WebLinkAboutMinutes-04-10-78-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
APRIL 10,, 1978
T A B L E O F M I N U T E A CTI 0 N S
SUBJECT,: ACTIONa
Resolution #3528, Ordering Annexation to
City Ltg, Dist. (Annex. 76/22„ Arnett St.)
1978-79 Fourth Year Housing & Community
Dev. Block Grant Applica.tiono Auth.. City
Manager to proceed with filing
Removal of Items from Consent Calendar
Minutes. Reg. Mtg, March 28, 1978u Adj.
Rego Mtg. August 29, 1977
Agenda Correspondence Items
Denial of Legal Claim, Ref, #365
General Warrants #159454 - 159787
#204486 - 204537
CC #419, Gallatin Rd. - Storm Drain.; Plans,
specs & auth, to advertise (A/C #21A13943)
Req, of Mr. McClay, Republican Pty. Precinct
Chairman, to use Downey Theatre May loth
Citizen request for City's legal ads to
be placed in subscriber issue of SE News
Ordinance Amending DMC re Noise
Resolution #3529, Req. Reimbursement of 1/2
Cost to install RR Crossing Gates on Fire-
stone & Old River School-BK 494.12 SS--•260)
Resolution #3530, Ordering Dire Comm, Dev,
to Make Report (Annex, 78/23, Lindsey Ave.)
Engineer's Report (Annexe 78/23)
Resolution #3531, Declo Intention to Annex
to City Lighting Dist. (Annex. 78/23
Lindsey Ave.)
9612 Birchdale Ave, - Negative Environ-
mental Declaration
Remodeling Apollo Park Neighborhood Center
Rooms for Family Service Agency
Assumption of Liability Agmto - LA County.,
Authorize Mayor to sign
Assumption of Liability Agmte - LA County.
Discuss Item #4 w/Bd, Supervisors w/intent
moneys remain in fund
Discussion re effect of Jarvis Amendment
on self-insurance program
Discussion re Federal reimbursement for
recent storm damage to Golf Course Trees
Removal. of Homes in 105 Freeway Corridor::
Instruct City Attorney, w/info from staff
& City Mgr. to proceed in pursuing court
date to have homes removed
Adopted
Approved
Approved
Filed
Approved
Approved
Approved
PAGE N0,
1
2
2
2
2
2
2
2
To be placed on next Agenda 3, 8
City Mgr. to follow up 3
To be placed on May 9th Agenda
per request of Mx, Whittington 3
Adopted 4
Adopted 4
Received & filed as written 4
Adopted 4
Certified as proposed 5
City Manager req. to prepare
lease & bring back f/approval 6
Approved 6
City Mgr. to submit report re
financial impact to City 7
7
ii
Approved 7, 8
Page 1 of 1
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
ADJOURNED REGULAR MEETING
APRIL 10, 1978
The City Council of the City of Downey held an adjourned regular meeting at
7:30 p.m„ April 10, 1978, in the Council Chamber of the Downey City Hall, Mayor
Richard Ma Jennings presiding.
PRESENT: Council Members°
Kenneth J. Miller
--- William L. Greene Mayor Pro Tem
Theodore H. Jackman
Hazel No Scotto
Richard M. Jennings Mayor
ALSO PRESENTS Charles W. Thompson, City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Community Development
Martin F. Wynne, Director of Finance
John T. Neavill, Director of Parks & Recreation
William F. Martin, Police Chief
Edwin H. Wood, Fire Chief
William A. Goggin, City Planner
Ray T. Lake, Building Official
Harald J. Henriksen, City Engineer
Thomas Tincher, Housing & Human Services Coordinator
Robert L. Shand, City Clerk -Treasurer
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend William Root, The Church, followed
by the Flag Salute led by Councilman Jackman,
HEARINGS
Mayor Jennings declared that this is the time and place for the public hearing
on Downey City Lighting District Annexation 78/22, Arnett Street. He inquired if
the City Clerk had the Affidavits of Posting and Publication, to which the City
Clerk responded in the affirmative.
It was moved by Councilwoman Scotto, seconded by Councilman Miller, 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 then 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 Jackman, seconded by Councilwoman Scotto, and passed
by unanimous vote to close the hearing.
RESOLUTION NO. 3528
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 78/22 ARNETT STREET)
The Resolution was read by title only, It was moved by Coucilman Jackman,
seconded by Councilwoman Scotto, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilwoman Scotto, and
passed by the following vote to adopt Resolution No. 3528
Councilman Miller questioned whether the assessments required for the ongoing
operation would be affected by the Jarvis Amendment or whether they would require
some revision,
Mr. Sorensen replied he cannot respond with a positive answer, and
determinations of what will fall within or without the Jarvis limitations will
require a number of test cases.
AYES: 5 Council Members., Miller, Greene, Jackman, Scotto, Jennings
Council Minutes 4/10/78 (adjourned) -1-
G061_1�,
Mayor Jennings declared that this is the time and place for the public hearing
on 1978-79 Fourth Year Housing and Community Development Block Grant Application, as
required by Federal regulations concerning citizen participation, which was
continued from the regular City Council meeting held March 28, 1978.
Mr.. Thompson explained the application is the continuation of a program
established and previously adopted by the Council. He said the entitlement for
next year is $919,000, and those moneys, with prior year's allocations, are
directed toward the implementation of the Reinvestment in Downey Program.
Mr, Tincher advised that the adoption of this application would not commit the
City to the amounts shown as potential sources, which could be utilized to supplement
HCD funds, and this would be subject to further evaluation through the normal budget-
ary process. He responded to questions regarding the use of HCD funds and noted a
proposal has been included for the hiring of an additional inspector to carry out a
more aggressive Citywide code enforcement program. Mr, Tincher mentioned preliminary
estimates of costs for some of the public improvements in the neighborhood conser-
vation areas would amount to approximately $1,200,000 over the next few years.
Discussion followed regarding the effect of using General Revenue Sharing Funds
in this program.
Mayor Jennings asked if there was anyone present who wished to speak regarding
the Housing and Community Development Block Grant Application, and there was no
response.
It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed
by unanimous vote to close the hearing.
It was moved by Mayor Jennings, seconded by Councilwoman Scotto, and passed by
unanimous vote to authorize the City Manager to forward the application to the
State Regional Clearing House for A-95 review; to file the application and Clear-
ing House comments with the U.S. Department of Housing and Community Development;
and in addition, authorize the City Manager to provide HCD with any additional
information which would be pertinent to their review,
REMOVAL OF ITEMS FROM CONSENT CALENDAR
Agenda Item VIII-C-1, Cash Contract #419, was removed from the Consent Calendar,
CONSENT CALENDAR
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by the following vote to approve the Remainder of the Consent Calendar:
of March 28, 1978, and
Correspondence from City Clerk -Treasurer regarding Insurance Adjuster Denial
of Legal Claim, Ref. #364, of Peter Naddeo (not exceeding $100).
Correspondence from Douglas Bus Lines, Inc., regarding Application to P>U,C.
for Fare Increase,
Denial of Legal Claim; Ref. #365, Robert M. Palmer,
General Warrants: #159454 - 159787, #204486 - 204537; $753,365.01.
AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings
Cash Contract #419, Gallatin Road - Storm Drain
Councilwoman Scotto asked about use of ten and 24-inch pipes.
Mr. Spindel explained there will be transition from the existing larger pipe
to the smaller because the run-off amount is greatly reduced.
It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and
passed by unanimous vote to approve plans and specifications and grant authority
to advertise for bids on Cash Contract #419, Gallatin Road - Storm Drain
(Account #21-13943).
ORAL COMMUNICATIONS (Items not on Agenda)
Mayor Jennings commented on receipt of a memo from Mr. David McClay,
Republican Party Precinct Chairman, 63rd Assembly District, requesting Use of the
Civic Theatre for May 20, 1978. He said this has not been reviewed by the Parks &
Recreation Department.
Council Minutes 4/10/78 (adjourned) -2-
Mr. Neavill stated an opinion was requested from the City Attorney, which has
been submitted to the City Manager. He indicated it should be a matter of policy
as to whether or not the Council would want to rent the Theatre to political groups.
Mr. Thompson advised that under the adopted policies of the Council for use of
the Theatre, a permit for the rental can be issued to the Republican Party as re-
quested, however, in the past, the City has not been in the position of actually
leasing the Theatre for a political fair. He said the reason for bringing this to
the Council is so the Council will be aware it would be establishing a precedent,
and then no differentiation can be made to any future group requesting use of the
Theatre.
Mayor Jennings stated if this concerns Council policy, if should be an Agenda
item.
Mr. Sorensen explained that if the Theatre is rented to one political party,
the City is obligated to rent it to any other political party. In other cities
this has caused problems on a local level, and this is the reason he is suggesting
the Council act on it.
Mr. David McClay, 5203 Tiara Bonita,, Whittier, requested this matter be placed
on the Agenda.
It was moved by Councilwoman Scotto and seconded by Councilman Greene to place
the request for use of the Downey Theatre at the end of the printed Agenda.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by the following vote to make a substitute motion to place the request on the next
Council Agenda.
Roll call vote on substitute motion:
AYES: 3 Council Members: Miller, Jackman, Jennings
NOES: 2 Council Members: Scotto, Greene
Mr. Bob Davila, 8024 Albia Street, stated he would like to speak to Agenda
Item X-A, Ordinance regarding Noise Level, when it is discussed by the Council.
Ms. Alice Vartanian said she would like to speak regarding the Florence Avenue
Environmental Impact Report in conjunction with the Birchdale Avenue Barricade and
asked if she should speak now or later on the Agenda.
Mayor Jennings advised that if she wishes to address an Agenda item, she
should wait until that item is discussed.
Mrs. Margaret Fillet, 9904 Birchdale Avenue, suggested that any legal notices
placed by the City in the Southeast News should be placed in a subscriber issue of
the paper and not just the Sunday shopper because the Sunday issues are not always
delivered to subscribers.
The City Manager was requested to follow up on this matter.
Mr. Shand noted the City Clerk's office does specify the date on which its
publications are to be made, and they are for the subscriber edition.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 4606.3 AND 4606.6 OF THE DOWNEY
MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO NOISE
The Ordinance was read by title only.
Mayor Jennings indicated he received a long distance telephone call from Mr.
Whittington, who has requested postponement of introducing the Ordinance until he
can be present the first meeting in May.
It was moved by Councilman Miller, seconded by Councilwoman Scotto, and passed
by unanimous vote to hold the Ordinance in abeyance to the first meeting in May.
Mr. Thompson was requested to inform Mr. Whittington that the Ordinance will
placed on the Council Agenda of May 9, 1978.
Council Minutes 4/10/78 (adjourned) -3-
RESOLUTIONS
RESOLUTION NO. 3529
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REQUESTING REIMBURSEMENT OF ONE-HALF OF ITS COST TO
INSTALL RAILROAD CROSSING GATES ON FIRESTONE BOULEVARD
AND OLD RIVER SCHOOL ROAD AT CROSSING NUMBER BK-494.12
(S.S. 260)
The Resolution was read by title only. It was moved by Councilwoman Scotto,
seconded by Councilman Jackman, and so ordered to waive further reading.
It was moved by Councilwoman Scotto, seconded by Councilman Jackman, and passed
by the following vote to adopt Resolution No, 3529.
Responding to questions, Mr. Spindel stated the City has just received the
final accounting on this from the railroad.
AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings
RESOLUTION NO. 3530
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 78/23 LINDSEY AVENUE)
The Resolution was read by title only. It was moved by Councilman Jackman,
seconded by Councilman Greene, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by unanimous vote to adopt Resolution No. 3530.
Mr. Spindel reported on the number of lights involved. He said the annual
operating cost will be $331.68; the first and second year cost will be 45.4C per
$100 assessed valuation; and the third year and continuing cost will be 16.47C per
$100 assessed valuation. A petition was signed by 86 percent of the property owners
involved.
It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed
by unanimous vote to receive and file the Engineers Report as written,
RESOLUTION NO. 3531
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 78/23 - LINDSEY AVENUE)
The Resolution was read by title only. It was moved by Councilman Miller,
seconded by Councilwoman Scotto, and so ordered to waive further reading.
It was moved by Councilman Jackman, seconded by Councilman Miller, and passed
by unanimous vote to adopt Resolution No. 3531.
MISCELLANEOUS COUNCIL ACTIONS
9612 Birchdale Avenue - Negative Environmental Declaration
Mr. Spindel distributed to Council the Environmental Checklist Form which was
completed on this matter.
Ms. Vartanian feels the negative declaration and the Florence Avenue Environ-
mental Impact Report (EIR) should be considered as one. She said the rezoning of
commercial on Florence will affect the Birchdale area, and she pointed out that
one home on Florence in this area has requested commercial zoning. Ms. Vartanian
commented on a 1973 report concerning Paramount Boulevard cul-de-sacs. She
requested the Council to reconsider the Florence-Birchdale issue and prepare an
EIR that will recognize influence of the zoning along Florence.
Mr. Goggin stated that on the basis of information supplied, staff can find
nothing which would require an EIR to be filed, but this area does meet requirements
Council Minutes 4/10/78 (adjourned) -4-
for a negative declaration. He pointed out that no formal request has been made
by one of the residential properties on Florence to be rezoned commercial and,
therefore, staff is not recommending it. Mr. Goggin stated the opening or closing
of the barricade on Birchdale is a separate entity from Florence Avenue.
Discussion followed.
It was moved by Councilman Jackman and seconded by Mayor Jennings to certify
the Negative Environmental Declaration as proposed.
Mr. Spindel drew a diagram on the board outlining the Florence-Birchdale-
Belder area and pointed out there is no change in character of the land use on
Florence because it is already developed commercial. He said an environmental
assessment must be based on present conditions.
Councilwoman Scotto feels it would be appropriate to hold this matter until
it has been determined how the residential property along Florence would he used.
Mr. Harold Wilson, 9931 Birchdale. said if the property on the corner of
Birchdale and Florence decides to go commercial there will be a lot of opposition.
Ms., Harriet Doran, 9846 Birchdale, favored considering both the rezoning and
opening of the barricade together.
Ms. Roxie Pierce, 9811 Birchdale, questioned what would prevent the other
houses along Florence from requesting rezoning if the one property requests it.
Mrs. Margaret Fillet, 9904 Birchdale, mentioned in the Florence Avenue EIR it
is stated that if there is any adverse effect on the residential area surrounding
Florence, mitigating measures will be adopted. She suggested the barricade issue
be held until the hearings on the Florence Avenue rezoning are closed.
Following further discussion, it was moved by Councilwoman Scotto and
seconded by Councilman Miller to make a substitute motion to take the negative
declaration proposal under submission until the rezoning of Florence Avenue and
the section that pertains to this.
Roll call vote on the substitute motion;
AYES: 2 Council Members: Miller, Scotto
NOES: 3 Council Members. Greene, Jackman, Jennings
Failed.
Roll call vote on original motion:
AYES: 3 Council Members: Greene, Jackman, Jennings
NOES: 2 Council Members: Miller, Scotto
Remodeling Apollo Park Neighborhood Center Rooms for Family Service Agency
Mr. Neavill advised that rooms have been designated for the Family Service
Agency of Los Angeles. He said the Agency has been established for over 16 years
in Downey, over 20 years in the general area, and is considered to be the foremost
and most professional counseling service of its type in the area. He stated the
funding received by the Agency is 70 percent from United Way and 30 percent from
contributions and client fees. Mr. Neavill mentioned the Agency has not been
successful in securing a loan for financing the improvements to the center, and he
commented that the type of services rendered by the Agency requires complete privacy
with panelled offices, which would also necessitate lowering the ceiling and adding
an air conditioning and heating system at an estimated total of $25,000 for the
remodeling. He stated the executive committee has confirmed its interest in occupy-
ing space at the center, and they would be willing to reimburse the City over a
seven or eight year period.
Councilman Miller stated concern that the City would make the improvements and
then could be asked by other groups to make similar improvements for them.
Discussion followed regarding the proposed interest rate and number of years
to repay the amount.
Mr. Neavill responded to questions regarding the length of time to make the
improvements and the responsibility of the Agency for maintenance and upkeep.
Councilman Jackman does not favor the City furnishing money for alterations
because he feels it is setting a precedent and taking money from the General Fund.
Council Minutes 4/10/78 (adjourned) -5-
Eat; 0
Mr„ Neavill explained the Agency has indicated it would be difficult for them
to fund an increased rental, whereas if the amount could be extended over a seven
or eight year period they would be able to better afford it. As far as setting a
precedent, he said other major agencies have been contacted and they indicated
their operations would not require these kinds of improvements.
Councilwoman Scotto is in favor of this.
Mayor Jennings pointed out that if the Agency moved out, it would require
further remodeling to make the rooms suitable for another tenant.
Mr. Dennis Kelly of the Family Service Agency commented on the amount of rent
the Agency now pays and the space it occupies.
Mayor Jennings said the primary purpose in setting up the Apollo Center was to
provide space for Downey organizations, and now it appears the primary consideration
is to obtain revenue. He does not feel the three rooms should be committed to the
remodeling because it would not suit any other purpose if the Agency moved out.
Mr. Thompson replied provisions could be stated in the lease for amortizing the
amount of the loan. He said the intent has been to provide services at the Apollo
Center that will serve the needs of the community, and the Family Service Agency
would be an activity of that type.
Mr. Kelly informed the Council that if the Agency does not lease space at the
center, it will still have to find a facility with larger quarters than they now
occupy.
Ms, Josephine Gumbiner, District Director of Southeast District Office of
Family Service, said the Agency covers 13 communities in the southeast district, of
which Downey is the largest, and she pointed out that rent is a major item in their
budget. She mentioned it would be better if the pay -back period of the loan could
be extended to seven years rather than five years, Ms. Gumbiner responded to
questions of the Council concerning the Agency's borrowing ability and its budget,
Mrs, Jan Abbey, 7217 Rio Flora of the Assistance League of Downey and the
Family Service Agency, explained she secured information concerning installation of
air conditioning for the rooms to be occupied by the Agency. She commented on her
assistance to the Friends of Family Service,. She said with other donations, per-
haps the loan to the Agency can be amortized in a shorter period of time.
It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed
by the following vote to request the City Manager to prepare a lease and bring it
back to the Council for approval.
AYES.- 3 Council Members: Greene, Scotto, Jennings
NOES- 2 Council Members; Miller, Jackman
Mr. Thompson said he will attempt to have a lease prepared that will meet the
concerns stated by the Council.
Assumption of Liability Agreement - Los Angeles County
It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed
by the following vote to authorize the Mayor to sign Exhibit VI, Assumption of
Liability Agreement with Los Angeles County.
Mr, Thompson explained this is being done with all cities in the County be-
cause the County is going to a self-insurance program. He pointed out the County
is not changing its position of liability but is saying City personnel, in acting
with the County on County services, would stand liable for any of its actions, and
the County, in turn, would be liable for any of its activity. He said this
assumption of liability modifies all existing service contracts in the County.
Mr, Thompson responded to questions concerning the charge to be established by the
County for its self-insurance fund. He said there appears to be a seven to eight
percent increase in the County°s overhead charge.
Discussion followed.
Councilman Jackman indicated he would like to know the dollar impact on the
City of Downey.
Mr, Thompson stated the County is now taking the money it had applied to a
premium and placing it in a self-insurance reserve. If that money is sufficient,
there will be no additional charge, but if it is not sufficient, then the County
would be making additional charges. He estimated an approximate $500 to $600 a
year increase.
Council Minutes 4/10/78 (adjourned) -6-
Further discussion ensued.
Mr. Thompson further explained the County has dropped its premium cost but has
decided to establish a self-insurance reserve. He said the County has determined
that what was previously charged for premiums would be sufficient to establish the
reserve, and the amount will be covered by a two percent billing in connection with
the regular billings. Mr. Thompson stated once the County builds its fund to
approximately $2 million, it will then drop or reduce all contract service charges
for liability insurance.
Councilwoman Scotto questioned the wording in paragraph No. 2 of the agreement,
wherein. it is stated "reappropriation of unencumbered year-end balances in this
fund is discretionary with the Board of Supervisors."
Mr. Sorensen said if the reserve fund is built up it does not have to be
carried over to the next fiscal year but can be used in other areas. However, he
indicated the City would still have to pay its pro rata share of the self-insurance
charges --the fund is a defense fund for the County but not for the cities and does
not accrue to the benefit of the cities unless the County would use it as a means of
eliminating a portion of the overhead charge.
Councilwoman Scotto said she would like the City to contact the County to have
the moneys remain in the fund.
AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings
It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed
by unanimous vote that item No. 4 of the Assumption of Liability Agreement be dis-
cussed with the Board of Supervisors with the intent that the funds remain and be
adjusted within the fund.
Mr. Thompson will submit a report to the Council concerning the financial
impact to the City.
ORAL COMMUNICATIONS
Councilman Miller asked if the Jarvis Amendment will seriously impact the
City's ability to carry out a self-insuranceprogram.
Mr. Sorensen replied that if the Jarvis Amendment is passed it will impact the
City's revenue for whatever purpose required.
Mr. Thompson also said the City can bond for a large judgement, and that would
not be affected by Jarvis.
Councilman Greene referred to the City Manager's Weekly Information Report,
wherein it is stated Federal Government personnel visited the Golf Course to deter-
mine what reimbursement will be possible for tree damage suffered from recent storm.
He asked if the Federal Government will be paying for this damage.
Mr. Thompson responded the Federal Government has indicated that in the damage
areas declared by the State, all damage from the storm would be investigated and
perhaps reimbursed for losses. He said there was considerable damage at the Golf
Course and the City has submitted application for reimbursement for some of the
costs.
Councilman Jackman requested the Council's opinion in regard to authorizing
the City Attorney to proceed in obtaining a court hearing for presenting evidence
to have homes removed in the 105 Freeway Corridor. He said if the request for
hearing is turned down, then that decision should be appealed to a higher court,
and if necessary, out of Judge Pregerson's jurisdiction.
Mr. Sorensen stated apparently there was a misunderstanding at the last hearing
with regard to the City presenting testimony. He said he can file a notice motion
to present the evidence by affidavit and have people there for testifying in case it
is necessary. First, Mr. Sorensen indicated, a list of the homes would have to be
prepared and submitted through Caltrans to the plaintiff's attorney, and if an
agreement cannot be reached, he will then proceed through court proceeding. He esti-
mated it would take approximately three or four months to obtain a court appeal on
this matter.
It was moved by Councilman Jackman, seconded by Councilman Greene, and passed
by the following vote that the City Attorney be instructed, with the help of
information from staff and the City Manager, to proceed with all diligence in pur-
suing a court date to have the houses removed in the Freeway Corridor.
Council Minutes 4/10/78 (adjourned) -7-
Goon
Councilwoman Scotto indicated she feels that if the homes are not in bad
condition or cannot be repaired they should be removed3 however, she also feels
the City should do what it can to allow responsible people to occupy the homes and
invest their money so that area can be a stable community again.
AYES: 4 Council Members: Miller, Greene, Jackman, Jennings
NOES; 1 Council Member: Scotto
Mr. David McClay, 5203 Tiara Bonita, Whittier, asked the Council to rescind
its action to place the request for use of the Downey Theatre on the next Agenda.
He commented on the planned program in the Theatre for May 20th and requested the
Council hear his appeal this evening.
Mayor Jennings requested Mr. McClay to contact the City Manager and arrange a
meeting,
Chief Wood commented on police and crowd control problems that occured at a
political. campaign held at Downey High School several years ago. He said this is
the kind of thing the Police and Fire Departments would be concerned about.
Mr. McClay said they would be willing to pay for any police help.
Mayor Jennings again suggested Mr. McClay meet with the City Manager and also
asked that this matter be reviewed by the Recreation & Community Services Commission,
There being no further business to come before the City Council, the meeting
was adjourned at 10.12 p.m.
Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor
Council Minutes 4/10/78 (adjourned) -8-