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HomeMy WebLinkAboutMinutes-09-12-66-Regular Meeting2695 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 12, 1966 The City Council of the City of Downey held a regular meeting at 7:30 P.M., September 12, 1966, in the Council Chamber of the Downey City Hall, Mayor Pro Tempore Ben 'd Corbin presiding. PRESENT: Councilmen: Dunnum, Temple, Corbin ABSENT: Councilmen: Morton, Dickerson ALSO PRESENT: Oren L. King, City Manager Royal M. Sorensen, City Attorney Lee Leavitt, City Engineer Sherman Griselle, Director of Planning Robert Shand, Purchasing Agent Don Robison, Assistant to City Manager Robert Gain, Fire Chief Ivan A. Robinson, Chief of Police Ray Lake, Director of Building & Safety James Ruth, Park Director Walter Wanke, Superintendent of Water Department Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Ray Lake, Director of Building and Safety, delivered the invocation in the absence of the minister. Mayor Pro Tem Ben Corbin announced the time of 7:30 having arrived, the hearing on Planning Resolution No. 105 will be held at this time. kayor Pro Tempore Corbin inquired if the City Clerk had the affidavit. The Clerk replied she had the affidavit of publication. It was moved by Councilman Temple, seconded by Councilman Dunnum. and so ordered that the affidavit be received and filed. Sherman Griselle, Director of Planning, explained the provisions of the resolu- tion proposing zoning amendments relating to landscaping of parking and loading areas and recreation areas. Mayor Pro Tempore inquired if anyone in the audience wished to comment for or against the planning resolution. An inquiry was made as to whether there was any connection or bearing on Bluff Road property with this resolution. Mr. Griselle replied it had none. There being no written and no oral protests, it was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the hearing on Planning Resolution No. 105 be closed. Councilman Temple stated he would like a review of other cities in the area to determine the percentage of landscaping required in comparison to the proposed 2% in Planning Resolution No. 105. Councilman Dunnum suggested an investigation be made of the area in Downey remaining which might come under such an ordinance and reiterated Councilman Temple's request for a comparison of other areas, percentage - wise. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the matter be referred to the City Manager for further report concerning the ordinances existing in other cities and the percentage which is devoted to such planning and, if possible, by area in Downey with which the City of Downey is concerned. Mayor Pro Tempore Corbin announced the public hearing on the vacation of a portion of Paramount Boulevard and Gardendale Street. He asked the City Clerk if she had the affidavit of publication and was informed by the Clerk that she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the affidavit be received and filed. There were no written and no oral comments or protests. Council Minutes - 9/12/66 -1- City Engineer Lee Leavitt reported thevacationproposed had the Planning Commission and recommended by them. The property is essary for public purposes, constitues a liability and maintenance City and it was recommended that the area be vacated. 2696 been submitted to no longer nec- problem to the It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the hearing be closed. RESOLUTION NO. 1783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING VACATION OF A PORTION OF PARAMOUNT BOULEVARD AND GARDENDALE STREET ADJACENT TO PROPERTY AT THE NORTHEASTERLY CORNER OF PARAMOUNT BOULEVARD AND GARDENDALE STREET The resolution was read by title only. It was moved by Councilman Temple, secnnded by Councilman Dunnum and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Danham and passed by the following vote that Resolution No. 1783 be adopted. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: ''0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Mayor Pro Tem announced the hearing on the vacation of a portion of Avon and alleys at the hospital site and asked if the Clerk had the affidavit of publication. The City Clerk replied she had the affidavit. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the affidavit be received and filed. There were no written and no oral comments or protests. City Engineer Lee Leavitt reported on the vacation proposed of streets and alleys of Patton Road, Brookshire Avenue, Manatee due to hospital development as these streets are no longer necessary for public use. It was recommended by the Planning Commission and since they will constitute additional liability and maintenance to the City, it was recommended that they be vacated. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the hearing be closed on the vacation of a portion of Avon Street and alleys at the hospital site. RESOLUTION NO. 1784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF PORTIONS OF AVON STREET AND ALLEYS WITHIN THE DOWNEY MUNICIPAL HOSPITAL SITE LYING BETWEEN BROOKSHIRE AVENUE AND PATTON ROAD The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that further reeding be waived. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that Resolution No. 1784 be adopted. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Mayor Pro Tem Corbin announced the hearing on the confirmation of assessments for Meadow Road, AD #106, and inquired of the City Clerk if she had the Affidavits of Publication, Posting and Mailing. City Clerk Della Doyle replied she had the affidavits. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the affidavits of publication, posting and mailing for the hearing on AD #106, Meadow Road, be ceoeived and filed. Council Minutes - 9/12/66 -2- 2697 Mayor Pro Tempore Corbin asked if there were any written protests. The City Clerk reported there was one protest signed by five property owners: William G. Bonnar, 8567 Meadow Rd. - #3 F. B. Daperalla, 8537 E. Meadow Rd. - #4 Bernadette Murray, 8410 Bigby #1 - 2 Muriel Feenstra, 8560 Meadow Rd. - #9 Mr. & Mrs. Hazel Duerr Theison, 8550 Meadow Rd. - #11 and a protest letter from Earl C. Conley, 8570 Meadow Road and one from F. B. Dapieralla. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the letters of protest be entered as part of the hearing. Mr. Leavitt reported on the costs and distribution based on benefits received by the properties. The hearing is to determine, accept or modify the assessment roll as presented. He clarified the letters of protest. Mayor Pro Tem Corbin asked for oral comments or protests. Speaking against the assessments were the following persons: Earl Conley, Owner of Parcel #7 F. B. Dapieralla, Parcel #4 Bernadette Murray, Lots 1 and 2 William Bonnar, Parcel #3 All protested that the cost of the improvements was exorbitant. There was one protest that a fence which was removed from Parcel #7 was not replaced. Another protest was that the lateral was not placed where it had originally been designated. City contribution to the project was requested by the property owners. •—. Mr. Leavitt, City Engineer, explained that contracting privately for these im- provements is always much less than when the City contracts for the improvements. In the matter of City contribution, none is indicated un less there has been dedica- tion by the property owners. Councilman Temple moved that the heating be continued to 8:00 A.M., September 27, 1966, in the Council Chamber of the Downey City Halla The motion died for lack of a second. It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to arrange a field trip and study of preliminary costs and investigation of the problem. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that the hearing on confirmation of the assessment for AD #106, Meadow Road be closed. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Councilman Dunnum reviewed the action taken by Council: that the investigation is to be of the condition of the street, the fence and the alleged excessive costs for the improvements. The City Attorney advised that Council may take one of three steps: 1. Confirm the assessments; 2. Adjust the assessments. Any adjustment would simply be an adjustment of one parcel amount to another parcel; and 3. Authorize making City contribution. Council does not have the authority to reduce the total amount of the costs. Council Minutes - 9/12/66 -3- The Mayor Pro Tem announced the hearing on DIP #533, 9221 Tweedy Lane for requiring construction of sidewalks under Chapter 27 of the 1911 Act of the State Division of Highways Code. Notice was properly made to property owner. The City Engineer reported that in prior action Council authorized the Department of Public Works to initiate Chapter 27 proceedings against seven locations on Tweedy Lane and the property owners had been requested to proceed with sidewalk construction required. It was requested that authority be granted to the Department to proceed with construction on all sites under this project, with the exception of the ones where sidewalks have been constructed. The properties which have requested matching funds are included in the request for Chapter #27 authorization for use in the event that they fail to deposit their share of construction costs. No written or oral comments or protests were submitted. It was moved,by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that the hearing on DIP #553, Tweedy Lane, be closed. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that authority be granted to the Department of Public Works to proceed with the improvement under Chapter #27 for DIP #553 as requested. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Mayor Pro Tem Corbin announced the hearing on DIP #554, 8508 Telegraph Road. It was repotted that proper notification was given, and as there were no oral and np written comments, it was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the hearing be closed. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to proceed under Chapter #27 with constructionat 8508 Telegraph Road, under DIP #554 for curb, gutter and sidewalks. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Mayor Pro Tem Corbin announced the hearing on DIP #549, Brunache Street. It was reported that proper notification had been made to property owners involved. There were no written protests. Mayor Pro Tem asked if anyone wished to speak for or against the improvements. Mr. Humphrey Knight, 7634 Brunache Street, reported he had investigated having the street improvements installed, by private contractors, but he had been unable to find a contractor interested in doing the small project. He therefore inquired what would be involved and what the cost would be to the property owners, should they let the City contract for the work. He was advised his cost would approximate $450, which could be deposited with the City. He was also advised that should the cost of the actual construction amount to less than the deposit, the difference would be refunded. —� Mr. Max Spendrup of 7637 Brunache inquired if he might be allowed to be included in DIP #549 as his property is across the street from the 4 or 5 properties involved in this project, and he was told that by making a deposit with the City, he could be included in the improvement project. Mr. Knight, who had stated he would be leaving the country at the deadline time which the notice stated he had to construct the improvements, he was informed he would be given until October 1 to allow the City engineers to obtain the figures.and allow him to place a deposit for the improvements to his property. It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that the hearing on DIP #549, Brunache Street, be closed. Council Minutes - 9/12/66 -4- 2699 It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to authorize proceedings for DIP #549, Brunache Street, under Chapter 27. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Mayor Pro Tem Corbin declared" a 5 -minute recess with Council reconvening at 9:10 P.M. with roll call: PRESENT: Councilmen: Dunnum, Temple, Corbin It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that the minutes of the meeting of August 23, 1966, be approved as presented. The City Clerk reported on the following correspondence: A communication from the U. S. Post Office Department relative to curbside delivery of mail. A communication had also been received from Senator Murphy which submitted a copy of the same communicsion from the U. S. Post Office Department. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered to instruct the City Manager to present the matter to the Le$gue of California Cities. A report from the City of Bellflower of changes in telephone directory. The City Manager was directed to investigate the report and present his findings at the rwxt Council Meeting. A complaintfor damages from Aaron W. Van Meter. It was 'moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that the claim be denied and referred to the insurance carrier. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen:. None ABSENT: 2 Councilmen: Morton, Dickerson A communication from Hollis M. Peavey relative to a parking lot study. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the matter be taken under submission for study. RESOLUTION NO. WS -505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (#43274 - #43721 - August 26, 1966; AND #43722 - #44166 — September 8, 1966) (Payroll) ($128,428.05) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that further reading be waived. It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote that Resolution No. WS -505 be adopted. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Council Minutes - 9/12/66 -5- 2700 RESOLUTION NO. WS -506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING 'CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (#23080 - #23217 $60,765.97 - Downey; #7422 - #7432 $2,330.74 - Park) The resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Dunnum and so ordered that further reading be waived. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that Resolution No. WS -506 be adopted. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson After summation of bids for Cash Contract #SS -135, Paramount Boulevard improve- ments, Firestone Boulevard to the Southern Pacific Railroad, it was moved by Council- man Dunnum, seconded by Councilman Temple and passed by the following vote to award bid to the lowest and best bidder, J. Rullo Enterprises in the amount of the unit prices submitted in the bid proposal and reject all other bids. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to approve plans and specifications and grant authority to adver- tise for bids for Cash Contract A-5-5-115, Unit #4, Rives Avenue between Firestone Boulevard and Brunache Street at the estimated cost of $70,000.00. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to award contract for Cash Contract #187, annual sidewalk con- struction at various locations within the City of Downey to the lowest and best bidder, Allcon, at the unit price submitted in the bid proposal and all other bids be rejected. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to adopt the additions to the Major Pedestrian Routes to Schools as submitted by the Department of Public Works. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to authorize the Department of Public Works to acquire right of way in exchange for improvements and payment to property owners for reconstruction of fences, SS #115, Rives Avenue. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to refer the requebt from property owner for permission to allow a decorative brick wall to remain in the public right of way in Tract #23743, Council Minutes 9/12/66 -6- 2"01 Blandwood Road at Pico Vista, and refer to the City Manager for additional information and arrange a field trip. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Zone Exception Cases #671 and #677 were continued under submission for consideration by a full council. The City Manager reported that according to Ervin Spindel, Director of Public Works, the County Road Department has been directed to proceed as rapidly as possible to restore the two southerly lanes and to prepare plans for reconstruction of the entire section of the Florence Avenue and Rio Hondo bridge which recently was p�axtially:destroyed fire. The City of Bell Gardens has approximately $100,000 unbudgeted Gas Tax Money com- mited toward cost of replacement of the bridge. The City of Downey has been requested to participate in the project with its share being $25,000. A review of the budget of Gas Tax monies indicates there may be a surplus of monies budgeted on the Patton Road opening project between Firestone Boulevard and the Southern Pacific Railroad and it might be possible to divert some of the funds from this project. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered to hold the request to make inquiry from the Division of Highways for expenditure of Gas Tax monies for this project and for investigation as to whether it would be legal to spend funds outside the City. It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to set a hearing on Planning Resolution No. 107, Dedication of Right of Way in Certain Zones, for 7:30 P.M., October 10, 1966, in the Council Chamber of the Downey City Hall. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson The City Manager reported that the State of California presently is offering 417 acre feet of water rights to be sold to the highest bidder, for which they will receive sealed bids until September 21, 1966. A deposit of $10,000 is required to accompany bid. Their minimum bid is $62,500 ($150.00 per acre foot). If this amount were invested at 5% for twenty years, the compounded amount would be $172,445.00. If the City should purchase the 417 acre feet for $62,500, the total net savings realized over the twenty-year period would amount to $208,327.00. The Water Board has considered this saving of approximately one-quarter of a million dollars and feels a successful bid would be a worthwhile investment. Their recommendation to the City Council is to offer $161.00 per acre foot, or a total amount of $67,137. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to authorize the City Manager to submit on behalf of the City Council, a sealed bid for water rights being disposed of by the State of California; that the bid be in an amount which is a fair and equitable price for the water rights to be sold and such price to be determined by those people within the City Administration who have some knowledge of water,water costs, water values and the like (the Director of Public Works, Superintendent of the Water Department and the City Manager) or to obtain such other information from a qualified person having knowledge of water values and submit a bid based upon the reasonable value; that Council may be notified of the proposed bid and if Council wishes to retract this authority, a special meeting could be called before the bid is submitted and at that time the authDrity to submit the bid can be retracted. AYES: 3 Councilgten: NOES: 0 Councilmen: ABSENT: 2 Councilmen: Council Minutes - 9/12/66 Dunnum, Temple, Corbin None Morton, Dickerson -7- 2702 It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to authorize Miss Hannah Strand to manage the apartments at 8428 Second Street, recently purchased by the City, as per informal agreement. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Temple, seconded by Councilman Dunnum and passed by the following vote to authorize attendance by the Director of Building and Safety to attend the Internatibnal Conference of Building Officials at Fresno, California, October 3 - 7 with reasonable expenses allowed. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to authorize the Chief of Police Ivan A. Robinson to attend the International Chiefs of Police Conference in Philadelphia October 2 to 6 with reasonable expenses allowed. AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson The City Manager read a memorandum dated September 8, 1966, from Chief of Police Ivan A. Robinson requesting the City Council to authorize the City's providing his defense in a suit: In re: Charles Wesley Furnish, Judicial Court in Dotin ey, Case No. 20718, and act as counsel in subject matter. Councilman Dunnum requested the City Attorney to explain the situation, whereby Attorney Sorensen advised that in 1963 there had been substantial change relative to a City providing defense, and assuming that the City has the right to provide a defense and the individual held liable, does the City have the authority or the obligation to satisfy any judgment rendered against the individual. In substance, the provision now is that when an employee or officer (and irk` -this case the classification would be "employee"). In any event, when a request is made to the City Council, the City must provide the defense, if the action is performed within the scope of the employment. Now, if the City may decide the action was not performed within the scope of employment, the defense may be refused. If the City decides to provide the defense, it can either do it with the City Attorney or by other such counsel as chosen. Now, if the request is made in writing, at least 10 days before the hearing (and, of course, in this case it is) the City must pay any judgment that is rendered or any compromises which are entered into providing that the City may defend under a reservation of rights, and if it reserves its rights, that has the effect of saying to the individual that the City will defend the action and if a judgment is rendered against the individual, then there must be a determination as to whether the individual was acting within the course and scope of his employment. If so, then the City must pay. If not, then the individual must pay, even though the cost of defense properly has been borne by the City. The City Attorney continued that if the request is made to defend the action and the City fails to provide the defense, then if there is a judgment against the individual, the City must pay unless the City then establishes that the matter was without the course and scope of employment. The City Attorney stated the question of whether or not the action would come within the course and scope of employment is a factual question and is a question that can be determined generally only after development of all the facts, issues and back- ground of the case. Mr. Sorensen continued that the statements were made in the instant case by the Chief while he was on duty at the City Hall and in a general form of a press release which he uses from time to time. Incidentally, assuming there were punitive damages recovered from the Chief, even if that were the case, the City would not be liable for those damages. Council Minutes - 9/12/66 -8- 2703 The City Attorney stated the City Council has two courses of action open. One is to make a determination that the Chief of Police was not acting in the course and scope of his employment and thereby deny the defense; or two, in effect, leave somewhere in abeyance the question of whether he was acting in the course and scope of employment and to take his defense with a reservation of rights which requires an agreement on the part of the Chief of Police; and a third course of action would simply be to authorize defense. The City Attorney continued that assuming that the City Council may authorize defense and may ask the Chief to agree that it may reserve its right against him pursuant to Government Code Section 825 and 825.6(b), the effect would be this: that if a judgment is recorded against the Chief for actual damages the Council then either could pay the judgment as authorized by the statutes, or could say, No, we wish ta) determination by the court or by some other means as to whether the Chief was acting in the scope and course of his employment," and if the Chief was acting within the course and scope of his employment as determined, the City would then pay the judgment. If the Chief were not acting within the Scope of his employment, then the City would not be liable to pay the judgment. In no event, however, would the City be liable to pay any judgment for punitive damages. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote that the City Council approve the request of Ivan A. Robinson to have the City provide the defense in the action of Furnish vs. Robinson, et al., the defense be furnished through the attorney requested by the Chief in his memo- randum of September 8, 1966, and this approval and agreement is with a reservation of rights to the City Council and is conditioned upon Chief Robinson's agreeing that the City may reserve its rights against him pursuant to Government Code Sections 825 and 825.6(b). AYES: 3 Councilmen: Dunnum, Temple, Corbin NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Morton, Dickerson Chief Ivan A. Robinson stated that he agrees to the Council's action contained in its motion relative to his written request. There being no further business to come before Council, the meeting adjourned at 9:45 P.M. DELLkD E City Clerk Council Minutes - 9/12/66 -9- BEN 'D CORBIN Mayor Pro Tempore