Loading...
HomeMy WebLinkAboutMinutes-08-25-70-Regular MinutesMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 25, 1970 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Minutes City Council Meeting 7/28/70 Approved Appeal, Zone Exception Case #950. Hearing set 9/14/70 PAGE NO. 1 1 App1. Park Water Co. for increase Filed 1 Zoning violation complaint, Patton Road Ref, to appropriate dept. 1 Appeal, conditions Zone Exception Case #951 Hearing set 9/14/70 1 Use of "No U-Turn" & "L Turn on Green Arrow" Ref, to Dir. Public Works 2 Legal Claim, Healy Tibbitts Const. (CC #222) Denied 2 Legal Claim, A. Belcastro, 11560 S. Paramount (Report of payment of claim) Filed 2 Appl. for Franchise, So. Calif. Water Co. Resolution of Intention, setting hearing #2441 Adopted, Hearing 9/14/70 2 Resolution #2442, Fixing Amt. to be raised by Taxation 7/1/70 Adopted 2 Resolution #2443, Fixing Tax Rate 7/1/70 Adopted 3 Resolution #2444, Ltg. Dist. Budget 7/1/70 Adopted 3 Resolution #2445, Fixing Ltg. Dist. Tax Rates Adopted 3 "B" Warrants held 8/10/70 Approved 3 - Resolution 4PWS-700 Payroll Adopted 3 Resolution #WS-701 "B" Warrants Adopted 4 CC #SS-249, Catch Basin 7th & Downey,Transf. of funds Approved 4 CC#SS-224, Lindell Ave. Plans, specs, & auth. to advertise Approved 4 CC #271,Unit 1 & 2. Plans and specs. & auth. to advertise Approved 4 D.P.C. #81, W/side Studebaker Rd., So. of Florence. Accept improvements Approved 4 Agreement with Downey Chamber of Commerce Approved 4 Sale of Old Downey Community Hospital Approved 4 Resolution #2446, Amendment to Contract, Public Employees' Retirement System (Survivors' Benefits) Adopted 5 Sidewalk Sale, Downey Ave.,Firestone to 2nd Approved 5 AB-2182, SB-941. Letters opposing Approved 5 Agreement Downey Museum of Art Approved 6 Fire Chief request to honor Mutual Aid Agt. with South Gate during labor dispute Approved 6 Page 1 of 2 Table of Minute Actions Council Meeting 8/25/70 SUBJECT: ACTION: PAGE NO. Officers injured in line of duty, claim against person responsible Ref, to City Mgr. 6 "Stop" Sign, Wiley Burke d Third St. Ref. to Traffic Committee 7 Advance transportation for President of Sister City Committee Approved 7 City Attorney's attendance at NIMLO Conf. Approved 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 25, 1970 The City Council of the City of Downey held a regular meeting at 8:00 a.m. August 25, 1970, in the Council Chamber of the Downey City Hall, Mayor Ben 'D Corbin presiding. PRESENT: Councilmen: Ferris, Morton, Jennings, Corbin ABSENT: Councilmen: Winton ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works Russ Reynolds, Purchasing Agent William A. Goggin, Director of Planning Ray Lake, Director of Building & Safety Jim Ruth, Director of Parks & Recreation Loren D. Morgan, Acting Chief of Police Robert W. Gain, Fire Chief Robert Coates, Water Superintendent Salem Spitz, Traffic Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend David Liddle, First Presbyterian Church, delivered the invocation, followed by the Flag Salute led by Councilman Ferris. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to approve the Minutes of the City Council Meeting of July 28, 1970. Communication from Technological Engineering Corp., advising of desire to appeal decision of the Planning Commission in Zone Exception Case No. 950, Southwest corner Studebaker Road and #605 Freeway Ramp (gasoline service station signs setback). It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to set a hearing on the Appeal to decision of Zone Exception Case No. 950 for September 14, 1970, at 7:30 p.m., in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Communication from Public Utilities Commission regarding Application of Park Water Company for rate increase. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to receive and file. Communication from resident on Patton Road regarding Zoning violations of neighbor, also complaint regarding water rate and Utility Tax. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to refer the matter to the appropriate departments. Communication from L. E. Lackerman, 7928 Devenir Street, requesting relief from the condition of approval of Zone Exception Case No. 951, requiring installation of side- walks on the side of his property and sign an agreement to install sidewalks in front at a later date. Councilman Jennings reported he had visited the property involved in Zone Exception Case No. 951, a corner lot. The exception was granted to permit the applicant to close in an area between his house and garage and this would not encroach on any property line. Councilman Jennings stated he will oppose the practice of placing this type of conditions on zone exception approvals. It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote to set a hearing on this appeal before the City Council at 7:30 p.m., September 14th, in the Council Chamber of the Downey City Hall, waive the $50.00 filing fee, and refer the matter to the Planning Commission for report and recommendations. Council Minutes 8/25/70 -1- AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Communication from James H. Quillen, 2345-3/4 Caldero Lane, Montrose, Calif., re- garding use of "NO U-TURN" in conjunction with "LEFT TURN ON GREEN ARROW ONLY" sign Referred to the Director of Public Works for investigation and report. Legal Claim, Healy Tibbitts Construction Co. (liquidated damages assessed Cash Contract #222, Emergency Generator). It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to deny the insurance claim as recommended by the City Attorney. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Report on legal claim paid to Audra M. Belcastro 11560 So. Paramount Blvd.,#5. No action. Communication from Southern California Water Company, 3625 West Sixth St., Los Angeles, enclosing Application for Franchise to Maintain Water Systems and Appurtenances in the City of Downey. In response to a question by Councilman Jennings, the City Attorney advised that this franchise, if approved, would not create any value over and above what its value would be absent of the franchise. It was moved by Councilman Ferris, seconded by Councilman Jennings, and so ordered to set a hearing before the City Council on this matter for 7:30 p.m., September 14, 1970, and that this be included in the Resolution presented at this meeting. RESOLUTION NO. 2441 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO SOUTHERN CALIFORNIA WATER COMPANY A FRANCHISE TO USE OR TO LAY AND USE PIPES, DITCHES, FLUMES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to adopt Resolution No. 2441. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FISCAL YEAR BEGINNING JULY 1, 1970 The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Ferris, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2442. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 8/25/70 -2- RESOLUTION NO. 2443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FIXING THE RATE OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1970 The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2443. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE ANNUAL LIGHTING DISTRICT BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1970, AND FIXING THE LIMITATIONS OF EXPENDITURES The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to adopt Resolution No. 2444. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FIXING THE RATE OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 1970, FOR THE LIGHTING DISTRICTS WITHIN THE CITY The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Ferris, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2445. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Memorandum from City Manager, Charles W. Thompson, enclosing Report of Purchasing on Warrants presented to the City Council at the regular meeting of August 10th It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to approve the "B Warrants"for memberships, dues, and subscriptions as presented to the City Council of August Loth. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. WS-700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 27366 - 27868 -- $193,946.67 - PAYROLL) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to waive further reading. Council Minutes 8/25/70 -3- It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to adopt Resolution No. WS-700. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. WS-701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 10731 - 10819 -- $134,045.29) The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-701. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the transfer of funds in the amount of $1,500. from the Gas Tax Surplus to Account Number 06-16099 for reconstruction of a catch basin inlet at Downey Avenue and Seventh Street, Cash Contract #SS-249. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-224 Lindell Avenue. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to approve the Specifications and grant authority to advertise for bids on Cash Contract #271 Unit No. 1 Sidewalk Construction; Unit No. 2 Miscellaneous Repairs. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to accept improvements on Downey Private Contract No. 81, West side of Studebaker Road South of Florence Avenue, and responsibility for the maintenance thereof. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to authorize the Mayor to execute the Agreement with the Downey Chamber of Commerce on behalf of the City. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Ferris, seconded by Councilman Morton, and passed by the following vote to award the bid for the sale of the Old Downey Community Hospital Property to the highest and best bidder, James L. Stamps Foundation, Inc. of Downey, for the total sum of $160,000., and to reject all other bids. Council Minutes 8/25/70 -4- AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton CITY MANAGER'S REPORT City Manager, Charles W. Thompson, presented a Resolution Amending the Contract with the Public Employees' Retirement System, providing for survivor's benefits. RESOLUTION NO. 2446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to adopt Resolution No. 2446. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton The City Manager reported on request from Downey merchants for a sidewalk sale to be held on Downey Avenue from Firestone to Second Street. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to approve the request for Sidewalk Sale on Downey Avenue from Firestone Boulevard to Second Street, to be held Saturday, August 29th, from 10:00 a.m. to 6:00 p.m. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Councilman Ferris requested the City Manager to review the results of the sidewalk sale for a determination as to its value for the purpose of making decisions on future requests. The City Manager reported on AB 2182, being considered by the State Senate relating to revenue bond financing. He recommended strong opposition be expressed to Senators Walsh and Wakefield on the grounds that any such vote requirements should be imposed on a local basis in keeping with the principal of home rule. He also reported on SB 941 regarding time and one-half pay for Policemen. He re- ported this bill has been approved by the Senate and sent to the State Assembly. City Manager Thompson stated that the League Bulletin indicates the state does not pay time and one-half; also that this provision would disrupt the meeting and conferring procedure which the state has already mandated. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote that communications stating Downey's opposition to AB 2182 be directed to State Senators Walsh and Wakefield, and a communication stating Downey's opposition to SB 941 be directed to the Assemblyman representing Downey. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton City Manager Thompson reported on survey by the Governor's Summer Job Campaign for Youth and Downey's response which was acknowledged by a Letter from R. H. Mallory, executive officer of this program, commending the City of Downey for their help in providing employment for the youth during the summer. The City Manager reported on meeting with Dr. Alan Dauer, President of Board of Directors of Downey Museum of Art and the proposed agreement with recommended changes was reviewed. He stated Dr. Dauer was in accord with the recommended changes and would recommend the agreement to the Board of Directors. Council Minutes 8/25/70 -5- The Mayor declared a recess at 8:45 a.m. for review by the Councilmen and City Attorney of the recommended changes in the agreement. The Meeting resumed at 9:00 a.m. with a Roll Call. Present: Councilmen: Ferris, Morton, Jennings, Corbin Absent: Councilmen: Winton City Attorney Sorensen stated he had reviewed the recommended changes in the Downey Museum of Art Agreement with the Director of Parks and Recreation. He read into the record suggested revisions in the language of the draft submitted. It was moved by Councilman Ferris, seconded by Councilman Morton, and passed by the following vote to approve the Art Museum Agreement with revisions as recommended; that the revised Agreement be forwarded to the Board of Directors of the Downey Art Museum, and if approved by that Board, that the matter be referred to the Park and Recreation Commission for a recommendation to the City Council on the amount of appropriation by the City. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton MIT I<�Zi]�yy1i001•yyl(irem Fire Chief Gain presented a letter to the City Council from the law firm of Kurlander, Solomon & Hart of Santa Monica, attorneys for the South Gate Fire Fighters Association which represents the Fire Fighters of the City of South Gate. Chief Gain explained that this law firm is requesting that the City of Downey and other cities who are parties to the Mutual Aid Agreements with the City of South Gate do not respond to requests from that City for mutual aid as there presently exists a labor dispute between the South Gate Fire Fighters Association and the City of South Gate. Chief Gain stated that unless otherwise directed by the City Council, Downey's Fire Department will respond to calls for mutual aid in accordance with the Agreement. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote that the Fire Chief be directed by the City Council through the City Manager to continue to honor the Mutual Aid Agreement with the City of South Gate on the basis of the following: 1. Remarks by the Fire Chief pertinent to the matter. 2. On the matter of public health, safety, and welfare, Downey has an obligation to the surrounding community in the case of fire and protection to the community. 3, Downey is a Charter City and, on that basis, has the right to enter into a Mutual Aid Agreement. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton The City Manager Thompson reported that on the advice of the Mayor, he directed a Telegram to Governor Reagan, re uestin favorable action on Senate Bill #85 on the re- apportionment in the Gasoline Tax formula to provide for 60% for Southern Ca ifornia and 40% for Northern California. Councilman Morton apologized to the City Council for being absent at the August loth Council M ing due to surgery on his foot and thanked those who had sent cards and notes. He reported he would probably be on vacation and will miss the September 14th Meeting. Councilman Morton reported that some time ago he had received a communication from a constituent, advising of license fees paid in error and requesting a refund. He re- quested the City Attorney to clarify his determination on the matter. The City Attorney advised that inasmuch as the fees were not paid under protest, and in the absence of a provision in the applicable Ordinance or other appropriate law, the City would have no authorization to make such refunds of monies paid. Councilman Morton stated that he does not believe there is a provision in the Ordinance whereby a wage claim may be made against a person causing an injury to a Police Officer. He requested the City Manager to review the provision in the Ordinance of the City of Anaheim whereby if an officer is injured in the line of duty, the City may make a claim for wages. He requested a report to the City Council. There being no objections, it was so ordered. Council Minutes 8/25/70 -6- Councilman Ferris reported on a communication received from a citizen and numerous telephone calls received commending Mr. Frank E. Dunigan, Community Service Coordinator in the Police Department for the fine services he has been performing, and expressing appreciation to the City for providing this service. He requested that copies of the communication be distributed to members of the City Council. So ordered. Councilman Ferris also reported on a communication received from a resident, registering disapproval of the installation of the "Stop" sign at Wiley Burke Avenue and_ Third Street._ He requested that copies of the letter be distributed to members of the City Council and a copy to the Traffic Committee for review. So ordered. The Director of Public Works, Ervin Spindel, commended Mr. Robert Coates, Water Superintendent, who passed his examination for the State and is now a Registered Engineer, bringing the total number of Registered Engineers in the Public Works Depart- ment to six. Mr. Spindel also reported that Juan Hernandez Maintenance Leadman has announced his retirement at the end of August. He stated that Mr. Hernandez was transferred to the City of Downey Water Department from the Downey County Water District and has been a very loyal and diligent worker. Mr. Spindel invited the Councilmen to attend a punch and cookie gathering to be held Friday, August 28th, at 4:30 p.m, in Mr. Hernandez' honor. Mr. Wendell Wiser, 10921 Paramount Blvd., commended the three Councilmen present at the August loth meeting for their vote in favor of adoption of the Utility Users Tax. - Mr. Wiser further stated that in view of criticisms by this City Council collectively and indl- vidualiy cnc'ectdnsections of the Planning and Zoning Ordinance, that the City Council study those sections and make recommendations for change prior to the adoption of the new Master Plan. Mrs. L. Samson, 9623 Quinn Street, appeared before the City Council and invited them to attend a meeting on August 26th at Cerritos College of the Civic Responsibility Committee of Cerritos College. Mrs. Samson explained the programs of this organization which includes the HELP LINE program which has met with great success. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the - following vote to authorize advance for transportation expense for President of the Sister City Committee in an amount within the allocated budget, for attendance at a conference in Tasco, Mexico. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to authorize attendance by the City Attorney at the NIMLO Conference to be held October 11-14 in Boston, Massachusetts, with reasonable expenses allowed. AYES: 4 Councilmen: Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton absent from th make a quorum. 14th Council Meetin ess necessary for him to be there to There being no further business to come before the City Council, the meeting was adjourned at 9:45 a.m. ELLEN C. DAVIS, CITY CLERK Council Minutes 8/25/70 -7- BEN 'D CORBIN, MAYOR