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HomeMy WebLinkAboutMinutes-01-11-83-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 11, 1983 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION• PAGE NO. Proposed Olympic Swimming Pool Project Hearing closed; ref. to Recreation Comm. f/report back 3 — Appeal, 8605 Firestone Bl.: Approve action of Planning Comm.; delete condition as to dedication; & deny appeal Approved 4 Removal of Items from Consent Calendar 4 Minutes: Reg. Mtg., December 28, 1982 Approved 4 Corres. from Wilson, Wilson & Perrizo re Emergency Ambulance Service Filed -4 Rejection of Legal Claims: Ref. #591 & 593 Approved 4 General Warrants: #209604 - 209647 #308078 - 308452 Approved 4 Apollo Park Recreation Facility - Progress Report (CC #493) Filed 4 Res. #4192, Apprvg. Final Subdiv. Map of Tract #37922 (8049-8115 Leeds St.) Adopted 4 Tract #37922, 8049-8115 Leeds St.: Accept Park Fee of $2,500 Approved 4 — Corres. from Downey Chamber of Comm. re report of activities & request for funds Held pending further explanation 4 Bus Stop @ Lubec & Paramount: Direct staff to request RTD to replace stop only with written permission of owner at residence Approved 5 Mr. Grimes' comments re Calsan truck & DART truck 5 Ca. Davila req. time estimate for replacing damaged street lights on Arnett St. 5 Ambulance Bids: Reject all bids & direct staff to negotiate for best contract & refer to City Atty. f/review & approval Approved 5 City Attorney to review all specifications for contract & Council to be informed before going out to bid So ordered 5 Res. #4193, Rescinding Res. #3913 of 2-hr. Parking 7am-6pm N/s Century Bl. bet. Lakewood & Rosecrans Adopted 5 Res. #4191, Expressing Appreciation to Royal M. Sorensen upon retirement as Downey City Attorney Adopted 6 Res. #4194, Apprvg. Program Suppl. #13 to City/State Agmt. #07-5334 for Const. of Street Imprvmts. re FAU Streets Act Adopted 6 SS Proj. #364, Bellflower B1. Resurfacing, Imperial to Lakewood: Program Suppl. #13 to Master FAU Agmt.; plans & specs, & grant auth. to advertise contingent on auth. to advertise from Caltrans Approved 6 Page 1 of 2 COUNCIL MINUTES, JANUARY 11, 1983 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Vehicle Towing & Storage: Reject all bids; City Attorney to review specifications; & to renegotiate the bids Approved Vehicle Towing & Storage: Direct staff to go out to bid again Approved Standby Emergency Generator for Civic Center Project: Auth. staff to proceed w/Alt. #3 to cover essential services only & allow contract to proceed per plans & specs Civic Center Change Order #3: Recommend to Downey Civic Center Corp. to authorize Budget Suppl. for DART Program for Fiscal Year 1982-83 Budget in amount of $3600 to cover 6 mos. from 1/1-6/30/83 (from General Fund to be offset by revenue rec'd. from Reynolds Paper) Project Area Committee: Two apptmts. from Councilmanic Dist. Five City Mgr. report re status of possible noise pollution caused by proposed South Gate Delphi Proj. @ Garfield & Firestone; he will have further reports for Council Cn. Cormack would like to see Chamber of Comm. packet £/new businesses inquiring about coming into community Restoring property in City's R/W on W/s Paramount across from Winchell's Cn. Cormack proposes to consider all news- paper racks on sidewalks as portable signs & have them removed - Motion died for lack of second Downey Symphonic Society req. for funds: Make advance from Unappropriated Reserve to be reimbursed from Community Access Funds in sum determined by polling Council after info rec'd. from Symphonic Society Ken Miller comments re Towing Bids Closed session re potential litigation Settlement of claim Proposed Hospital Lease, settlement agmt., & Ordinance approving those actions PAGE NO. J Approved 6 Approved 7 Approved 7 Approved 7 ti 7 7 Staff to report back 7 7 Approved 8 8 8 Authorized 8 To be placed on January 25 Agenda; will be available for public review Wednesday, January 19th S' Page 2 of 2 7/0 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 11, 1983 The City Council of the City of Downey held a regular meeting at 7:30 p.m., January 11, 1983, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James. T. Quinn Mayor Robert G. Cormack Mayor Pro Tem Theodore H. Jackman Randall R. Barb Bob Davila ALSO PRESENT: William F. Martin, City Manager Pro Tem Carl K. Newton, City Attorney Dudley Lang, Assistant City Manager William A. Ralph, Director of Public Works Joseph Guthrie, Director of Police Don Davis, Fire Chief Francis E. Carter, City Planner Harry Rayson, Building Official James R. Jarrett, Director of Recreation Charles G. Eccleston, Traffic Engineer Robert Brace, Civil Engineer Ronald E. Cano, Assistant to City Manager Ron Yoshiki, Assistant City Planner Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary INVOCATION AND FLAG SALUTE - The Invocation was delivered by Reverend Lud Marrone, Calvary Chapel of Downey. The Flag Salute was led by Councilman Cormack. PRESENTATIONS: None HEARINGS Mayor Quinn opened the hearing on proposed Olympic Swimming Pool Project. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman, seconded by Councilman Barb, and so ordered to receive and file the Proof. Mr. Lang explained late last year the Council discussed the need for an Olympic swimming pool and community center building to replace the recreation building to be demolished as a result of the hotel project. He said the proposed location is the northwest corner of the Downey High School campus. The community center building would be 7500 square feet on a preliminary basis and house recreation programs both for the City and School District. It has been determined that possible funding would be to secure an advance on the City's Community Development Block Grant Funds, which would fund most of the project. Potential for additional funding would be from the local swimming club and School District. Mayor Quinn inquired if the City Clerk had received any correspondence. Mr. Shand replied a letter was received from Mr. Robert S. Brazelton containing ` five points for consideration. - It was moved by Councilman Jackman, seconded by Councilman Cormack, and so ordered to receive and file the correspondence. Mayor Quinn asked if there was anyone present to speak to the proposed project. Mr. Wallis Hunt, 10933 Cord Avenue, referred to inflation and rising taxes and opposed the project. He said there is an Olympic size pool in Bellflower. Mr. Wayne Brown, 10811 Cassina, South Gate, Executive Vice President of the Downey Dolphins Swim Club, encouraged the Council to build the facility because the current facilities are inadequate. Council Minutes 1/11/83 -1_ 7/07 Mr. Joe Ferris, 8124 Valdina Drive, representing the Recreation Commission, said he has been instructed by the Commission to recommend the Council take no action other than to refer this to the Commission and any other appropriate body and staff for further study to be placed with other needs and facilities of the community in a proper priority for submission to the Council. Mr. Bill Sexton, water polo swimming coach at Downey High School, cited the age of the Downey pool and structural problems and spoke in favor of the project. Mr. Robert Garstang, 8205 East 7th Street, commented on the economic situation throughout the world and said this is not the time to burden the taxpayers with fur- ther debts. He pointed out the census and school attendance have declined, and the needs of citizens have changed throughout the years. He opposed the project. Norm Swaton, 10803 Hasty Avenue, captain of the 1982 water polo team at Downey High School, spoke regarding the need for an Olympic swimming pool in the City. Dave (inaudible), 1021 Loma Avenue, Long Beach, coach of the Downey Swim Club, briefly discussed the history of the club and spoke in favor of an Olympic pool and recreation center. He commented on the lack of locker room and shower facilities for use by the Swim Club. Jeannette Tannehill, 11919 Pomering Road, requested the Council give this mat- ter careful consideration and decide on the priorities before making a decision. Ronald Kolar, 9580 Gallatin Road, spoke as a member of the Downey Swim Club and and on behalf of the Downey High School swimming team andsaid this would not impact the taxpayers since the project could be paid for from Federal funds. He indicated the maintenance and design of the current facility are deplorable and swimmers have been injured when entering the pool. Mr. Kolar urged the Council to move as rapidly as is wise before Federal Funds are no longer available. Brian Murphy, 8727 Tweedy Lane, spoke on behalf of the Downey Senior League Baseball Program and Pony Colt Baseball Program. H�i said they are not opposed to the concept of a swimming facility but are opposed to its location, which is cur- rently a baseball field and used as much as possible from February through July. Mr. Richard Mittleman, 7737 Otto Street, feels the swimming community is too small to spend this much money. Larry Kleiger, 9479 Gallatin Road, mentioned his swimming affiliations and noted the present facility is antiquated and inadequate in size for any major events. The Downey swim teams are forced to use pools in other areas. He added a facility in Downey would bring swimmers in from other areas and increase the size of the swimming community. Jack Wiley, 8235 Adoree, concurs with the young people who want the pool but said the City and School District cannot afford it. Cal Holstein, 17707 City Lane, Cerritos, feels the citizens owe the young people the right to have an Olympic size pool in the City. Lance Kolar, 9580 Gallatin Road, said he swims on the Downey Dolphins team and they have to use facilities in other cities. He also cited the need for locker room facilities. Councilman Cormack recommended this be sent back to the Recreation Commission for further study. Councilman Jackman concurred. Councilman Barb also agreed but expressed disappointment the City has not spent funds or invested money on the youth of the community and yet has spent a great deal of money on programs for the senior citizens and handicapped. He said the most widely used youth athletic organizations in the City are the DJAA and Swim Club, and the City contributes no funds to these organizations. Councilman Barb feels it is time the City did something for the youth, not only the swimmers but those who use the recreational facilities and community center building. Councilman Davila indicated that to provide a facility for one group will be taking away from another, and he does not feel the City can afford an expensive pool at this time. Mayor Quinn commented on the cutbacks in funding by the State and General Revenue Sharing and said if the pool can be built without Revenue Sharing Funds he is in favor of it. He would like this matter to be studied further. Council Minutes 1/11/83 -2- 7/0 P It was moved by Councilman Cormack and seconded by Councilman Jackman to close the hearing. The proposed Swimming Pool Project was then referred to the Recreation Commis- sion for study and report back to the Council. Mayor Quinn declared a recess from 8:43 p.m, to 8:48 p.m. The meeting resumed with all Council Members present. Mayor Quinn opened the hearing on Appeal to Zone Variance No. 241 8605 Firestone Boulevard. He inquired if the City Clerk had the Proof of Publication, and the response was yes. It was moved by Councilman Jackman and so ordered to receive and file the Proof. Mr. Carter reported on the request for additional signing on the rear of a com- mercial building, which he said exceeds City Code and is for the purpose -of directing pedestrian traffic to the front of the building. He commented on the location of the property, which has a street frontage of approximately 93 feet and is developed for two tenants and offstreet parking to the rear of the building. He pointed out the total signs equal 13.5 square feet, while the Code allows not more than 1/2 square feet on the rear door of a commercial building. Mr. Carter indicated the Planning Commission granted the applicant 3.5 square feet of sign to be installed on the rear door, and the appeal is based on conditions of the approval. Mayor Quinn inquired if the City Clerk had received any correspondence, the the response was no. Mayor Quinn then asked if there was anyone present to speak in favor of the appeal. Adrianne Cohen, 8605 E. Firestone Boulevard, requested the arrow sign for the safety of people who use their store and direct -them to the right side of the drive- way where there is a walkway. u There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Jackman and seconded by Councilman Davila to close the hearing. Councilman Jackman objected to the condition requiring a 10-foot dedication and said at the time the City needs the dedication it can be handled through condem- nation proceedings, but he does not feel it should be requested now. He did concur with the Planning Commission recommendation on the signs and that they should not have been installed without permit. Responding to a question concerning execution of an agreement for future street lighting, Mr. Carter explained this would not occur unless an assessment district is created by the property owners on that block. The agreement states the property owner agrees to not oppose a street lighting petition if one is submitted. He men- tioned the Planning Commission is aware the Council is studying the Firestone Corridor -Plan, and the offer was made that the applicant could sign the agreement and the Planning Commission would hold it until Council determination is made. Councilman Barb supports the Planning Commission but has reservations about giving a person three square feet of sign subject to a street lighting requirement and a 10-foot dedication of land. During discussion, Mayor Quinn said he drove past the property and that if the sign were smaller, it could not be seen. He favors leaving the sign as is and eliminating the 10-foot dedication. Mr. Stanley Cohen, 8605 E. Firestone Boulevard, indicated the sign would provide safety for people using the parking area. It was moved by Councilman Cormack and seconded by Mayor Quinn to approve the sign per dimensions approved by the Planning Commission -and remove the additional requirements for future dedication and an agreement not to protest a lighting assessment district. (See amendment to the motion.) Mr. Carter explained the Commission has questioned how large or small a project should be before requiring these conditions. Further discussion ensued. Mayor Quinn requested action be taken in two separate motions. Council Minutes 1/11/83 -3- 7167 It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to amend the motion to not delete the lighting requirement. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila NOES: 1 Council Member: Quinn Roll call vote on amended motion to approve action of the Planning Commission, delete the condition as to dedication, and deny the appeal: AYES: 4 Council Members: Cormack, Jackman, Barb, Davila NOES: 1 Council Member: Quinn Councilman Barb suggested working with staff regarding the policy dilemma it is now faced with and how to handle matters of this nature. He asked if the Council intends to hold future discussions concerning the Firestone Corridor Plan. Mayor Quinn mentioned the Planning Commission has asked for direction, and he thinks the Council should get together in the near future and come up with something. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-B-1, correspondence from Downey Chamber of Commerce, was re- moved from the Consent Calendar. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by the following vote to approve the Remainder of Consent Calendar: Minutes: Regular Meeting of December 28 1982. Correspondence from Wilson, Wilson & Perrizo regarding Emergency Ambulance Service. Rejection of Legal Claims: Ref. #591 Edith Pasner- and Ref. #593 Rene Morten. General Warrants: #209604 - 209647; #308078 - 308452: $2,281,208 22. Apollo Park Recreation Facility - Progress Report (Cash Contract 4493). RESOLUTION NO. 4192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP NUMBER 37922 (8049-8115 LEEDS STREET) Tract Map No. 37922, 8049-8115 Leeds Street: Accept Park Fee in the amount of $2,500. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn At the request of Councilman Jackman, it was so ordered to hold action on the correspondence from Downey Chamber of Commerce regarding report of activities and request for funds pending further explanation. ORAL COMMUNICATIONS - Items not on Agenda Mr. Richard Mittleman, 7737 Otto Street, spoke regarding removal of the Bus Stop at Lubec and Paramount and displayed a map showing the route of Bus Line 460 through the City. He cited the greater distance between the two stops on either side of the Lubec/Paramount stop since it was removed and indicated he has learned that neither the City nor RTD painted the curbs gray or removed the bus stop sign. Mr. Mittleman requested the stop at Lubec and Paramount be reinstated. Mr. Eccleston explained RTD did paint the curb and remove the sign at the re- quest of City staff. The Traffic Committee has recommended this be re-evaluated at the end of a needs assessment study to be requested of RTD, which is estimated to be completed in approximately three months. It is staff's opinion the quarter mile spacing between stops for express type service is sufficient, and the service is adequate without the stop. Also, staff has been unable to find an adjacent resi- dent that is willing to accept loss of his parking at this time for a bus stop. Staff will review this and report back to the Council in the next three months. It was moved by Councilman Jackman and seconded by Councilman Davila to direct staff to request RTD to replace the stop at Lubec and Paramount for the convenience of the people of Downey. (See amendment to the motion.) Council Minutes 1/11/83 -4- Discussion followed. It was indicated that none of the commercial or residents on Paramount want to have the bus stop placed in front of their property. It was moved by Councilman Barb, seconded by Councilman Cormack, and passed by the following vote to amend the motion to state only with written permission of the owner of that residence. AYES: 3 Council Members: Cormack, Barb, Quinn NOES: 2 Council Members: Jackman, Davila Roll call vote on motion as amended: AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn b1r. Ray Grimes, 7714 Alderdale, commented regarding a Calsan Truck leaving skid marks on the street and a DART truck which has squeaky brakes. He will contact Councilman Cormack regarding this matter. Councilman Davila reported on a call from Mr. Lang, 7529 Arnett, concerning two street lights damaged in a storm two months ago which have not been repaired. Mr. Ralph explained it is an Edison -owned system and they are months behind on replacement. Councilman Davila requested he be given an estimate of when the two lights can be repaired. Councilman Cormack referred to the Ambulance Bids and expressed concern about awarding the bid to the lowest bidder. He requested staff throw out all of the bids and look at this more objectively. Councilman Davila asked that the City Attorxey review the specifications before they go out to bid. Mr. Martin explained the Council does have the right to reject all bids, and staff can be directed to negotiate for the ambulance service. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to reject all bids and direct staff to negotiate for the best contract and refer to the City Attorney for review and approval. Mr. Robert Woehrman, Aids Medical Enterprises, said he is one of the bidders, and he questioned what the procedure will be and why this was put out to bid in the first place. Councilman Cormack replied this was a matter of staff, and he has requested the bids be rejected because he does not concur with the bids received. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn Councilman Davila indicated it is his understanding the City Attorney will re- view all specifications for contract and that the City Council will be informed before going out to bid. Mr. Martin said staff will negotiate the ambulance contract, and it will be reviewed with the City Attorney prior to any bid. Also, staff has been requested to set a policy, whereby specifications for bid will be reviewed by the City Attorney prior to coming to the Council for authorization. So ordered by the Mayor. ORDINANCES. None RESOLUTIONS RESOLUTION NO. 4193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 3913 CALLING FOR TWO-HOUR PARKING FROM 7:00 A.M. TO 6:00 P.M. ALONG THE NORTH SIDE OF CENTURY BOULEVARD BETWEEN LAKEWOOD BOULEVARD AND ROSECRANS AVENUE The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Barb, and passed by unanimous vote to waive further reading and to adopt Resolution No. 4193. Council Minut9s 1/11/83 -5- RESOLUTION NO. 4191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D94NEY EXPRESSING ITS APPRECIATION TO ROYAL M. SORENSEN UPON HIS RETIREMENT AS DOWNEY CITY ATTORNEY The Resolution was read in its entirety. It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 4191. CASH CONTRACTS S.S. Project #364, Bellflower Boulevard Resurfacing, Imperial Highway to Lakewood Boulevard RESOLUTION NO. 4194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 13 TO THE CITY OF DOWNEY/ STATE AGREEMENT NO. 07-5334 FOR THE CONSTRUCTION OF STREET IMPROVEMENTS PURSUANT TO THE FEDERAL -AID FOR URBAN STREETS ACT The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Davila, and passed by unanimous vote to waive further read- ing; approve Program Supplement No. 13 to the Master FAU Agreement; adopt Resolution No. 4194; approve plans and specifications for S.S. Project #364; and grant authority to advertise for bids contingent upon authority to advertise from Caltrans. MISCELLANEOUS ACTIONS Vehicle Towing and Storage Councilman Davila recommended all bids be rejected because the specifications were never reviewed or approved by the City Attorrivy; that this be sent back to staff for City Attorney review; and that the City's ordinances be adhered to before sending out to bid. He has dis overed that for years there have been violations to City ordinances which have not been enforced, and he does not feel anyone in viola- tion should be awarded a contract with the City. It was moved by Councilman Davila, seconded by Councilman Cormack, and passed by the following vote to reject all bids; that the City Attorney review the specifi- cations; and to renegotiate the bids. AYES: 3 Council Members: Cormack, Jackman, Davila NOES: 2 Council Members: Barb, Quinn Mayor Quinn directed staff to continue with the current tow service operation until a solution has been reached on this matter. He then pointed out that someone bidding a job may not have all of the qualifications at the time, but that they could agree to abide by all the specifications if they get the contract. Mr. Martin mentioned an inspector was on the premises of the towing company yesterday, and all violations have been noted and presented in a formal letter to the business telling them they have until February loth to correct all the viola- tions. United Towing has responded that they are willing to bring their business up to any City standards. Mr. Martin pointed out that in reviewing the records, it was determined the owner of the business was never notified by the City in writing that there were any violations. Discussion followed. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by the following vote to direct staff to go out to bid again. Councilman Jackman said those bidders who are not up to standard will have to agree to bring themselves up to standards in order to bid. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by the following vote to authorize staff to proceed with Alternate No. 3 and obtain a_ standby emergency generator that will cover essential services only and allow the the contract to proceed per plans and specifications on the Civic Center Project. AYES: 4 Council Members: Cormack, Jackman, Barb, Davila NOES: 1 Council Member: Quinn Council Minutes 1/11/83 -6- It was moved by Councilman Cormack, seconded by Councilman Jackman, and passed by unanimous vote to recommend to the Downey Civic Center Corporation that Civic Center Change Order No. 3 be authorized. It was moved by Councilman Barb, seconded by Councilman Jackman, and passed by unanimous vote to approve a Budget supplemental for the DART Program for Fiscal Year 1982-83 Budget in the amount of $3,600 to cover six months of the fiscal year from January 1 through June 30, 1983. This amount should be taken from the General Fund with the understanding that the cost will be offset by revenue received from Reynolds Paper Company for recyclable materials purchased from DART. It was moved by Councilman Davila, seconded by Councilman Jackman, and passed by unanimous vote to approve two appointments to the Project Area Committee from Councilmanic District Five. CITY MANAGER'S REPORT Mr. Martin mentioned as requested by Council, he has looked into the possibility of noise pollution caused by the proposed South Gate Delphi Project at Garfield and Firestone. He said they have not done the environmental impact studies or noise studies, and he has registered Downey's concern regarding the project. South Gate has indicated that when the reports are completed, they will be forwarded to him, and he will then bring them to the Council. STAFF REPORTS: None ORAL COMMUNICATIONS -'City Council Councilman Cormack inquired if there is an organization in the City that searches to bring new businesses to Downey and what kind of economic profile is available. Councilman Jackman replied the Chamber of Commerce has a packet which could be requested for Council review. '. Councilman Cormack indicated he would like to see the packet and whether there is some way to entice businesses into the City. Councilman Davila requested a status report regarding restoring shrubbery in the City's right-of-way in front of Mrs. Cahn's property on the west side of Paramount Boulevard across the street from Winchell's. Mr. Ralph replied there is no way it can be done without Council authorization and directing him to change the budget or capital improvements for next year. He mentioned the trees were removed because they were obstructing the right-of-way. It was moved by Councilman Davila to proceed with a landscaping project at that location. During discussion, Councilman Davila pointed out the people are senior citizens on a fixed income, and he suggested this be done through the rehabilitation program. Mr. Lang explained if it is done with the loan program through the Community Development Block Grant, they would have to apply for loans, use the money on the property, and repay it at a later date. There are many loans pending at this time. The motion died for lack of a second. Staff was directed to come back with a report. It was moved by Councilman Cormack to consider all newspa sidewalks as portable signs and have them removed as illegal s Councilman Jackman said it would be a violation of the First Amendment to the Constitution. Councilman Barb suggested the possibility of opaquing newsracks, with only the name of the newspaper on the front. He asked if it is possible the Council could enact an ordinance to control how newspapers are sold. Mr. Newton explained he is not certain if the requirement that an opaque cover be placed on the face of a newsrack to prevent persons from being able to see the contents could be construed as a prior restraint on First Amendment rights, which is distribution of the news. He said there have been many cases cited regarding newsracks, most of them in favor of the newspapers. Newsracks have been construed to be a substitute for the newsboy standing on the street distributing the news, and distribution of the news is protected under the First Amendment, as well as the writing of the newspaper itself. Council Minutes 1/11/83 -7- The motion died for lack of a second. Councilman Jackman mentioned he received a letter from the Downey Symphonic Society, who is experiencing financial problems. He said the Symphonic Society conducts its concerts free of charge, and if they do not have five concerts a year, they will lose County assistance. Councilman Jackman indicated the Symphonic Society has inquired regarding whether the Community Access Corporation can help with funding on the basis of the Symphonic Society being able to broadcast some of its concerts. Mr. Cano explained staff is in the process of finalizing a report to the Council requesting options which can be pursued, such as using some of the $300,000 earmarked for public programming for these type activities. Hopefully, he said, this can be presented and discussed at a study session, and the report is scheduled to be presented to the Council in approximately three weeks. Mr. Martin said depending on how the Council intends to establish a policy for procedure on spending Community Access Funds, it would be possible to use funds for a production at the Theatre to be video taped for transmission to Cable TV customers. Councilman Jackman pointed out the performance is scheduled for January 22nd, and he asked whether this performance could be funded and video taped for future broadcast on Cable TV. Mr. Cano mentioned cities have used money earmarked for local programming to support these type activities. Councilman Jackman requested the Symphonic Society be contacted regarding how much money they will need. It was moved by Councilman Cormack, seconded by Councilman Barb, and passed by unanimous vote to make an advance to the Downey Symphonic Society from the Unappro- priated Reserve to be reimbursed from Community Access Funds, in a sum to be determined by polling the Council after informatioa is received from the Symphonic Society. ORAL COMMUNICATIONS - Audience Mr. Ken Miller, 7336 Cleargrove Drive, referred to Bids for the Towing Service Contract and questioned the requirement for a percentage of gross receipts to be paid as revenue to the City. He suggested the Council consider setting the towing rates for the community. CLOSED SESSION The meeting was recessed to closed session from 10.38 p.m. to 11:38 p.m. to discuss potential litigation. The meeting resumed with all Council Members present. It was announced that during closed session, the Council by unanimous action authorized settlement of a claim. It was also announced that the City Council determined to place on the Agenda for consideration at its meeting of January 25, 1983, the proposed Hospital Lease, a settlement agreement, and an ordinance.approving those actions. The documents Will be available for distribution and review by the public on Wednesday, January 19, 1983. ADJOURNMENT: 11:40 p.m. Robert L. Shand, City C erk-Treasurer games T. Quinn, Mayo Council Minutes 1/11/83 -8-