Loading...
HomeMy WebLinkAboutMinutes-12-22-70-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 22, 1970 TABLE OF =- MINUTE A C T ION S SUBJECT: City Employee 5 d 10 year awards Park d Recreation Commission 5-year award Mayor Corbin 10-year award Hearing, Protest Utility Users Tax Kenneth J. Miller Statement of Enforcement, Rabies Control Loitering or Trespassing Ordinances from Assemblyman Floyd Wakefield ACTION: Amt. Delinq. Tax Confirmed Ref. to City Manager Ordered filed Report of Legal Claims Paid: Alberta Barnett, 12004 S. Los Reyes, La Mirada ) Ernest G. Eiserman, 13228 Dunrobin, Downey ) Marguerite Wilcox, 12247 Horley Ave., Downey ) Frank E. Dunigan, 6318 S. Hoover, Apt. G, Whittier) Linda J. Morgan, 9271 Cedartree Rd., Downey ) Carmen Gomez, 12816 Adenmoor, Downey ) Sydney E, Wright, 5283 Paoli Way, Long Beach ) Petition for relief parking restrictions 11000 block Myrtle Ave. (P.O. employees) Ord=nance #389, Planning Res. #131, Zone Change Case No. 119 Resolution #2495, 2-Hr. Parking E/side Studebaker Rd, from Benfield Ave. to Santa Ana - San Gabriel Freeway Ramps Ordered filed Ref, to Traffic Committee Adopted Adopted Resolution Prohibiting Parking W/side Lakewood Blvd. from Florence Ave, to Tristan Dr. Frontage Road Taken under submission Resolution #2496,Rescinding Permit Parking Restr, and install 20-min. d 3-hr. spaces along Westerly side Veteran's Memorial Resolution #2497, Classification S Pay Changes Resolution #2498, Protesting County Tax Rate & Urging State Legislature to provide funds for State Mandated Programs Resolution #2499, Commending Marshal Leslie R. Keays CC 0251, Unit #2, Devenir St., Brookshire Ave. to Barlin Ave. Award of contract CC #SS-224, Lindell Ave „ Telegraph Rd. to Lakewood Blvd. Accept improvements Tract 30908, Calmcrest Dr., North of Suva St., West of Tweedy In. Accept improvements City --Wide Street Name Sign Program, CC #SS-194, Phase III of III. Award of contract Page 1 of 2 Adopted Adopted Adopted Adopted Approved Approved Approved Approved PAGE NO, 1 1 1 3 3 3 4 4 4 a 5 7 5 6 6 6 6 6 Table of Minute Actions Council Meeting 12/22/70 SUBJECT: Traffic Signal Operation Modification, Bellflower Blvd. and Dalen St. Exchange of Improvements for R/Way Acq. #1682, CC #SSm225, E/side Paramount Blvd., North of Leeds St. M,P, #098, B of A Bldg. Parking Lot Modifications, expenditure of funds Storm. Drain System, Stewart d Gray Rd., Bellflower Blvd. Expenditure from Gas Tax Budget of 1971 Matching Funds, Sidewalk Matching Funds, Paving Report on Modification Santa Ana Freeway, Lakewood Blvd. Interchange Expenditure of funds for acquiring R/Way Stewart d Gray Rd. Extension, CC #SS-132; transfer of funds Appointment Roy Davis, Civil Defense Advisory Committee Revised Agreement with Bell Gardens, CC #SSm198, Foster Bridge Blvd. Hearing PUC Appl. Park Water Co, for increased rates Page 2 of 2 ACTION: Approved Authorized Approved Approved Approved Approved No action Approved Approved Approved Report of Staff Directed City to be represented PAGE NO, 0 7 7 7 8 8 8 8 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 22, 1970 The City Council of the City of Downey held a regular meeting at 8:00 a.m., December 22, 1970, in the Council Chamber of theDowneyCity Hall, Mayor Ben 'D Corbin presiding. PRESENT: Councilmen: Morton, Jennings, Corbin ABSENT: Councilmen: Winton, Ferris (Arrived after Roll Call) ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning Ray Lake, Director of Building & Safety Jim Ruth, Director of Parks & Recreation Robert W. Gain, Fire Chief Loren D. Morgan, Police Chief Robert Coates, Water Superintendent Thomas Brown, Sr., Chief,Fire Prevention H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend Mark W. Gress, Downey United Methodist Church, delivered the invocation, followed by the Flag Salute led by Councilman Jennings. Councilman Ferris arrived at the meeting at 8:02 a.m. Mayor Corbin presented service awards to City employees and extended the apprecia- tion of the City Council to the following for their service to the City: Ten Year Award Lois Reeder - Library Thomas Brown Jr. - Fire William Sumner - Fire Bob Thomas - Fire Dorothy Balenti - Police Buddy Kelley - Police Robert Williams - Police Jack Nunnally- Police Ron Arrington - Police Herbert Philips - Parks Jack Valenti - Parks Charles Eccleston - Public Works William Sweet - Public Works Ross Dunton - Public Works Five Year Award Janet Stephenson - Library Ralph Brink - Fire James Knoll - Fire Bernard Siminich - Fire Ron Allinson - Police Eugene Barrett - Police Gerald Stevens - Police James Crocker - Parks Marvin Ganser - Parks Allison Shaw - Parks Helen Hynes - Public Works Ronald Frederickson - Public Works Joe Dawson - Public Works Paul Heller - Public Works J. Art Johnson - Park & Recreation Commission Mayor Pro-tempore Joseph Ferris presented Mayor Corbin with an award for his ten years of service as a City Councilman. Councilman Winton arrived at the meeting at 8:15 a.m. Mayor Corbin declared this is the time and place for the Hearing of Protest of Kenneth J. Miller, 7336 Cleargrove Drive, Downey, on the amount of Utility Tax claimed by the City to be due. In response to a question directed by Mr. Miller, the Director of the Finance Department stated General Telephone Company had notified his Department that Mr. Miller had deducted the amount of $.57, the Utility Users Tax, which appeared on his September bill for telephone service. Mr. Miller opposed the amount of Utility Users Tax claimed on the basis that he believed the Ordinance adopting the Tax was not valid. He requested that someone other Council Minutes 12/22/70 -1- Qy..}➢.�a `lii than the City Attorney be appointed by the City as Legal Counsel to determine the validity of: the Ordinance, City Attorney Sorensen advised that this hearing is for the determination by the City Council as to whether the amount of the Utility Tax imposed should be confirmed or modified; the determination as to the legality of the Ordinance is another matter. Mr.. Miller requested the City Council to continue the hearing until such time as he could obtain factual data from the General Telephone Company and other sources on the taxable items. In response to questions by Councilmen Morton and Winton, Mr, Miller stated the information he would like to present at a subsequent meeting would be on taxable events and charges which he believed relates to the character of the Ordinance. It was moved by Councilman Jennings to close the hearing. The motion was seconded by Councilman Ferris on the basis that the City Council should not make a determination on the validity of the Ordinance. Mayor Corbin called for a roll call vote. The roll call was interrupted by Mr. Miller who opposed the motion to close the hearing and requested permission to ask questions of the City Attorney regarding the Ordinance. Councilman Jennings called for a vote on the motion. Following an interruption by Mr. Miller, the City Attorney advised the Mayor and City Council that it would not be proper for him to enter into a Legal discussion as to the nature of the tax, the merit of the tax, nor the incident of the tax. He stated the purpose of the hearing is for Mr. Miller to present to the City Council facts relating to the improper imposition of the Utility Tax. Mr„ Miller continued with his presentation by inquiring if a direct dial from his home to San Jose is taxable. The City Attorney stated that he did not believe the calling for answers to hypothetical questions is a proper method of presenting an objection or questioning the validity of the tax imposed on Mr. Miller. Mr,, Miller continued, reading from Section 6187 of the Ordinance. He stated he was attempting to present information to the Council and obtain answers to establish facts and make the Council aware that the Ordinance is possibly a violation of the Constitution --- of the United States or the Constitution of the State of California. City Attorney Sorensen again stated that the comments of Mr. Miller relate to the legality of the Ordinance and are not a required part of this hearing. Following a comment by Mr, Miller that petitions can be passed and a great deal of money can be spent in litigation, Councilman Ferris called Mr. Miller's attention to the proper legal procedure for testing the legality of the Ordinance. Councilman Jennings called again for a vote on his motion, Councilman Morton stated he was willing to hear the objections of Mr. Miller and requested that he present his comments and opinions without a question and answer session and said the City Council will evaluate his statements. Responding to comments of Mr. Miller that he felt it was proper to question the City Council regarding the legality of the Ordinance, Councilman Winton stated he opposed Mr. Millers attempt to make the hearing a "Kangaroo Court". He said the Ordinance has been adopted and commented that Mr. Miller has had since November 24th to present his opposition, a period of approximately one month. Councilman Jennings again called for a vote on his motion. City Manager Thompson inquired of Mr. Miller if he had refused to pay the Utility Users Tax, Mr. Miller replied that he had refused to pay the Tax. Mayor Corbin permitted Mr, Miller to continue with his presentation and called his attention to the approximate forty minutes which he had taken to this point. Mr. Miller related various instances of collect and non -collect calls to and from his Downey telephone number and his Bell Gardens telephone number. He stated there is no definition of a taxable event in the Ordinance. He referred to the case of Sophia Riviera vs. the City of Fresno and stated he had entered into discussions with the Council Minutes 12/22/70 -2- Attorney for the Plaintiff, Mr. James W. Hedrick, Jr. He quoted from the Memorandum of Opinion 142244 in this case and stated the Court's opinion was inconsistent with the findings of the Utility Commission in the Packard Case, Decision 77800. The Commission, with reference to an Ordinance requiring the utility to act as a collector of utility tax, stated "if a utility service area is greater than the area within the City, rate payers outside of the City may be subsidizing the collection of the tax." In such an instance. there is a question of requiring the collection without compensating the Utility, or if such procedure is legal of the Commission in an appropriate rate proceed- ings relating this expense to the customers of this City. Mr. Miller charged that the City does not have the power or right to require the Telephone Company to submit to the burden of serving as a billing and collection conduit, which he stated is a violation of Section 454 of the P.U.C. Mr. Miller quoted from the Commission's ruling in Southern California Gas, Volume 20, California Railroad Commission, Page 42, which states that when a utility serves two or more cities, a franchise tax on gross revenues imposed by one of the cities must be borne by the consumer of such city and not spread over the entire field of operations of the utilities. Mr. Miller continued his arguments on the validity of the Ordinance, quoting from Section 494 of P.U.C. relating to charges by common carriers, and stated that telephone companies are defined as "common carriers" in Section 2168 of the Civil Code. He referred to Section 532 of P.U.C. which he stated has much the same meaning. He stated that, based on these sections, he believes that if General Telephone Company is willing to serve without pay in acting as a collector for the Utility Tax, then a refund in a sum of money equal to the cost incurred by their action should be made to the user. He said the City is receiving a gratuity by means of a free collection service that General Telephone provides. Commenting on the City's letter of November loth regarding the adoption of the Ordinance establishing a Utility Users Tax, Mr. Miller stated the Utility Users Tax is not fair in its application, nor was it at the time essential to the City's financial stability. Mayor Corbin called Mr. Miller's attention to his statements which were not in protest to the amount of Utility Tax claimed to be due by the City, for which this hearing was scheduled, but only protests to the validity of the Ordinance. Councilman Jennings again called for a vote on his motion to close the hearing. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None In response to a question by Councilman Ferris, City Manager Thompson stated that the amount of $.57 Utility Users Tax appearing on Mr. Miller's September telephone bill is correct. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to confirm the amount of delinquent payment due the City. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Clarifying his "aye" vote, Councilman Morton stated he appreciated Mr. Miller's remarks and would not say that he did not have some points of thought; however, whether or not they are valid is something that would have to be determined by another tribunal. He said this City has operated on a very stringent budget since day of incorporation, and although the services of the City have been increased and improved, the City tax rate has not been increased. He stated that Mr. Miller and his family are beneficiaries of the best services any city can provide, and he was unable to understand why he would oppose the payment of a $.57 tax on his telephone bill rather than appearing to protest the increased County Tax rates where the burden of taxes lies. The Mayor declared a recess at 9:10 a.m. The meeting resumed at 9:20 a.m, with all members of the City Council in attendance. Communication from Department of Public Health regarding Statement of enforcement, Rabies Control requirements. It was moved by Councilman Ferris, seconded by Councilman Morton, and so ordered to refer this matter to the City Manager for review. Communication from Assemblyman Floyd Wakefield regarding Loitering or Trespassing Ordinances. Chief of Police Loren Morgan reported that Downey has a similar ordinance. Ordered filed. Council Minutes 12/22/70 -3- Communication from City of South El Monte enclosing Resolution in re Report of Urban Problems Committee, League of California Cities. Ordered filed. Communication from Western Union Telegraph regarding Notice of Application for Rate Increase. Ordered filed. Communication from Department of Public Works, State of California, regarding TOPICS Funds, for the 1969-70 and 1970-71 fiscal years. Ordered filed. Communication from Southern California Gas Company regarding Notice of Filing of Application before the Public Utilities Commission. Ordered filed. Report of Legal Claims Paid: Alberta Barnett, 12004 S. Los Reyes, La Mirada Ernest G. Eiserman, 13228 Dunrobin, Downey Marguerite Wilcox, 12247 Horley Ave., Downey Frank E. Dunigan, 6318 S. Hoover, Apt. G, Whittier Linda J. Morgan, 9271 Cedartree Rd,, Downey Carmen Gomez, 12816 Adenmoor, Downey Sydney E. Wright, 5283 Paoli Way, Long Beach Ordered received and filed. Mr. E. G. Eiserman appeared before the City Council and presented a petition signed by 161 Post Office employees requesting relief of parking restrictions on the 11000 block of Myrtle Avenue. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to refer this matter to the Traffic Committee for study. Councilman Morton recommended a review of Minutes of Parking Place Commission for a previous action on this matter. ORDINANCE NO. 389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 131 - ZONE CHANGE CASE NO. 119) The Ordinance was read by title only. It was moved by Councilman Ferris, seconded by Councilman Winton, 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 Ordinance No, 389. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO HOUR PARKING LIMIT ON THE EAST SIDE OF STUDEBAKER ROAD FROM BENFIELD AVENUE NORTHERLY 300 FEET TO THE SANTA ANA-SAN GABRIEL FREEWAY RAMPS The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, 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. 2495. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING ON THE WEST SIDE OF LAKEWOOD BOULEVARD FROM FLORENCE AVENUE NORTHERLY 1700 FEET TO THE NORTHERLY LIMITS OF THE TRISTAN DRIVE FRONTAGE ROAD Council Minutes 12/22/70 -4- The Resolution was read by title only. In response to a question by Councilman Morton, the Director of Public Works reported that this restriction would prohibit the parking of trucks along Lakewood Boulevard. Councilman Morton requested that the matter be reviewed to determine if this restriction would cause a hardship on the business at that location with respect to parking for customers. Councilman Winton recommended T-striping to restrict the length of parking spaces so that trucks could not park. The matter was taken under submission for a report from the Director of Public Works, RESOLUTION NO. 2496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING PERMIT PARKING RESTRICTIONS AND INSTALLING 20-MINUTE AND 3-HOUR SPACES ALONG THE WESTERLY SIDE OF THE VETERAN'S MEMORIAL The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Winton, 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. 2496. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAKING CERTAIN CLASSIFICATION AND PAY CHANGES The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Ferris, 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. 2497. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROTESTING HIGH COUNTY TAX RATE AND URGING THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES TO PERSUADE STATE LEGISLATURE TO PROVIDE FUNDS FOR STATE MANDATED PROGRAMS The City Clerk read the title. Councilman Winton read the Resolution in its entirety. It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the following vote to adopt Resolution No. 2498. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING THE HONORABLE LESLIE R. KEAYS The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Winton, and so ordered to waive further reading. Council Minutes 12/22/70 -5- It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2499. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the following vote to award contract in the amount of the unit prices bid to Sully -Miller Contracting Company of Long Beach, the lowest and best bidder, for construction of street improvements under Cash Contract #251 - Unit #2, Devenir Street Brookshire Avenue to Barlin Avenue, and reject all other bids. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to accept the improvements completed under Cash Contract #SS-224 Lindell Avenue, Telegraph Road to Lakewood Boulevard, and approve items of extra work. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Ferris, seconded by Councilman Winton, and passed by the following vote to accept the improvements completed in Tract 30908 - Calmcrest Drive, North of Suva Street, West of Tweedy Lane, and the responsibility for maintenance thereof, AYES: 5 Councilmen Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Director of Public Works reported on City -Wide Street Name Sign Program. He stated the signs presently being used in the City of Downey are $19. a set, and the larger signs used by the City of Bellflower are $30. a set. He displayed both signs and stated the maintenance cost for the larger signs as used in Bellflower is more. The smaller signs have a ten-year guarantee and some of these signs have been in use for fifteen years, while the life of the Larger sign is only five to seven years. Mr. Don Jacobson of Western Highway Products, low bidder on Phase III of Cash Contract OSS-194, 1970-71 Street Name sign Program, answered questions of the Councilmen regarding the materials in the signs. The Director of Public Works reported that the Street Name Sign Program is 83% complete„ He recommended award of the contract to Western Highway Products for the final 1'7% of the program and that a program be initiated to place overhead illuminated mast arm signs on all major highways, also advance signing along major highways where feasible. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to award Cash Contract OSS-194, 1970-71 Street Name Sian Program, Phase III of III, to the lowest and best bidder, Western Highway Products, Inc. of Maywood, and to proceed with the program of signs as recommended by the Director of Public Works, AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the following vote to authorize Modification of Traffic Signal Operation, Bellflower Blvd. and Dalen St., using Option No. 2, as follows: "Flash signals at all times with push button actuation to provide normal pedestrian protection. This alternative eliminates the peak -hour normal operation, with field counts indicating low volumes capable of being serviced by the flashing operation. The cost for this operation is approximately $500." AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 12/22/70 -6- 39S2 It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to authorize Exchange of Improvements for Right -of -Way Acquisition #1682, Cash Contract 4SS-225, E/side Paramount Blvd., North of Leeds Street. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve Miscellaneous Project No. 098, Bank of America Building Parking Lot Modifications and to authorize the expenditure of funds for this purpose from Account No. 09 13820. AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve construction of Storm Drain System, Stewart and Gray Road, Bellflower Blvd. 1300' Easterly, and authorize the expenditure of the City's share in the approximate amount of $30,000. from the Gas Tax Budget of 1971-72. AYES: 4 Councilmen: Winton, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Ferris Councilman Ferris abstained from voting because of his association with Aerojet- General who recently sold property involved in this drainage project. It was moved by Councilman Winton, seconded by Councilman Ferris, and passed by the following vote to approve Matching Funds for Sidewalk Construction at the following locations: M.F. NO. ADDRESS 16 10435 Wiley -Burke Avenue 17 10539 Wiley -Burke Avenue 18 7821 Brookmill Road 19 8420 Donovan Street 20 8503 Donovan Street 21 8545 Donovan Street 22 8551 Donovan Street 23 8565 Donovan Street (Donovan Street Frontage) 24 8537 Eucalyptus Street 25 12629 GLenshire Road 26 9240 Klinedale Avenue 27 7556 Irwingrove Drive (Wiley -Burke Avenue and Irwingrove Drive Frontages) 28 10507 Wiley -Burke Avenue 29 10513 Wiley Burke Avenue 30 10527 Wiley -Burke Avenue 31 7535 Quinn Street (Wiley -Burke Avenue Frontage) Total AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None EST. CITY COST 65.00 241.00 58.00 65,00 49,00 57,00 82.00 168.00 69,00 56,00 52,00 500.00 65.00 65.00 84,00 270.00 $ 1,946.00 It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to approve Matching Funds for Paving at the following Locations: Council Minutes 12/22/70 -7- P.M_F,, NO, 91 92 93 94 AYES: 5 NOES: 0 ABSENT: 0 ADDRESS EST. CITY COST 8624 Devenir Street $ 50.00 12902 Sandy Lane (Devenir Frontage) 70.00 8205 Orange Street 200.00 7228 Benares Street 250.00 Total 570 00 Councilmen: Winton, Ferris, Morton, Jennings, Corbin Councilmen: None Councilmen: None The Director of Public Works reported on the proposed Modification of Santa Ana Freeway, Lakewood Boulevard Interchange, to be constructed with the widening of the Freeway. He presented plan for information and review by the City Council. It was moved by Councilman Morton, seconded by Councilman Winton and passed by the following vote to approve expenditure of funds for acquiring right-of-way for the Stewart & Grp Road Extension Cash Contract #SS-132, and to authorize the following transfer of funds: AMOUNT $100,000. AYES: 5 NOES: 0 ABSENT: 0 FROM TO A/C #8-81 (County A/C #8-12339, Road Fund Balance) Stewart & Gray Rd. Extension Councilmen: Winton, Ferris, Morton, Jennings, Corbin Councilmen: None Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to confirm the appointment of Mr, Roy Davis, 11422 Pomering Road, to the Civil Defense and Disaster Committee to represent District Two. CITY MANAGER"S REPORT City Manager Charles Thompson reported that following approval on November 24, 1970 by the City Council of Agreement with the City of Bell Gardens for construction of street improvements at the common boundary between the Cities of Bell Gardens and Downey, Cash Contract 4iSS-198, Foster Bridge Blvd., the Attorney for the City of Bell Gardens Y requested certain modifications in the Language of the Agreement for clarification. He explained the additional language and recommended approval of the revised agreement. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to authorize the Mayor to execute the Revised Agreement with the City of Bell Gardens for construction of street improvements under Cash Contract #SS-198, Foster AYES: 5 Councilmen: Winton, Ferris, Morton, Jennings, Corbin NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson reported on the Hearing before the Public Utilities Commission in the matter of the Application of Park Water Company for authorization to increase rates, hearing to be held January 12, 1971 at 11:00 a.m. in the State Office Building. It was moved by Councilman Winton, seconded by Councilman Ferris, and so ordered that the City of Downey be represented at the hearing of January 12th and that the Staff be directed to render a report to the City Council to be presented at this hearing. ORAL COMMUNICATIONS Councilman Morton reported that it had been called to his attention that the Chamber of Commerce had sent a letter to their general membership relative to a meeting for the discussion of the City Charter. He commented regarding the membership of the Chamber of Commerce, a large percentage of which do not live in the City of Downey, and the fact that the people involved in the original Charter studies, that is, City Councilmen and the City Attorney, were not notified of the meeting. Council Minutes 12/22/70 -8- Councilman Winton also commented regarding the meeting called by the Chamber of Commerce regarding the City Charter. In response to his question regarding the report of activities of the Chamber of Commerce, the City Manager stated that the first or pre- liminary report was received and the contract requires quarterly reports. Mr. Kenneth Miller, 7336 Cleargrove Drive, appeared again before the City Council and commented that he did not believe the Utility Users Tax is an insignificant amount of money as indicated by Councilman Morton. In replying to comments of Mr. Miller, Councilman Morton related instances in increased services provided by the City of Downey without an increase in the City's property tax since incorporation. Councilman Ferris commented that the Utility Users Tax costs the individual home owner approximately 33% less than the amount that would be required for this additional revenue if it were to be placed on the property tax. There being no further business to come before the City Council, the Meeting was adjourned at 10:30 a.m. ELLEN C, DAVIS, CITY CLERK Council Minutes 12/22/70 -9-