HomeMy WebLinkAboutMinutes-01-11-71-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JANUARY 11, 1971
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
Resignation Mayor Ben ID Corbin, Councilman,
District #5 Accepted with regrets 1
Election of Mayor Cn. Joseph G. Ferris elected Mayor 1
Election of Mayor Pro Tempore Co. Donald H. Winton elected Mayor 1
Pro Tempore
General Plan and General Plan Map Hearing Continued to January 26,1971 2
D.I.P. #614, W/side Wiley -Burke Ave., Quinn
St. to Irwingrove Dr., Sidewalks Authorized Dir. P.W. to Proceed 3
D.I.P. #608, 8840 Lindell Ave.
Resolution #2500 Confirming Assessments for
Chapter 27 Proceedings Adopted 4
Minutes City Council Meetings
December 14, and December 22, 1970 Approved with protest noted 4
Request for additional funds, Downey
Christmas Parade Taken under submission 4
Student Rate, Downey Theatre Ref. to Park d Recreation Comm. 5
Report of Activities, Downey Chamber
of Commerce No action 5
Citizens Beautification & Development
Committee, Recommended Programs Accepted 5
Requirement for Quiet Engines, Aircraft Ref. to City Mgr. for letter to FAA 5
Report of Traffic Hazard in right-of-way at
10025 Brookshire Ave. Ref. to Dir. P.W. for report 5
Appeal, Zone Exception Case #962,
8555 Lyndora Hearing set for February 8, 1971 6
Protest to Park Water Co. proposed
increase in rates Ref, to City Manager 6
Legal Claims:
Lois Palmer, 7848 E. Blandwood Rd.
Nancy Ann Wortham, 12331 Dunrobin Ave. Taken under submission until next mtg.7
Ordinance Amending Sec. 4600 DMC and
adding Sec. 4600.1, Relating to Noise Introduced 8
Resolution #2501, Ordering Condemnation
Proceedings, Foster Bridge Blvd., northerly
of Suva St., d rescinding Resolution #2479
Adopted
8
— Resolution No. 2502, Approving Appointment
Mrs. Christine Farmer, Library Adv. Board
Adopted
9
Resolution #WS-718 (Payroll)
Adopted
9
Resolution #WS-719 (Payroll)
Adopted
9
Resolution #WS-720 ("B" Warrants)
Adopted
9
Resolution #WS-721 ("B" Warrants)
Adopted
10
CC #267, Brookshire Park, Award of Contract
Approved
10
Page 1 of 2
Table of Minute Actions
Council Meeting 1/11/71
SUBJECT ACTION:
CC #SSm251, Sewer Manhole Raising;
Transfer of Funds Approved
Leave of Absence without Pay, Officer
Mark Allinson (60 days) Approved
_ Appointment, Mrs. Betty Rupp, City
Beautification Comm. Approved
Appointment, Mr. Joseph Olay, City
Beautification Comm. Approved
Page 2 of 2
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JANUARY 11, 1971
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
January 11, 1971, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Joseph
Ferris presiding.
PRESENT: Councilmen: Winton, Ferris, Morton, Jennings
ABSENT: Councilmen: Corbin
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Carl Newton, Acting 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 Park & Recreation
Loren D. Morgan, Police Chief
Don Warren, Deputy Fire Chief
H. J. Henriksen, City Engineer
Ellen C. Davis, City Clerk
Judy McDonnell, Executive Secretary
Reverend David M. Foster, Downey Free Methodist Church, delivered the invocation,
followed by the Flag Salute led by Councilman Winton.
Mayor Pro Tem Ferris stated a letter has been received from Mayor Ben 'D Corbin,
dated January 10, 1971, advising that he is moving to Balboa Island and finds it
necessary to tender his resignation as Councilman of District #5, effective immediately.
The City Clerk read the letter of resignation.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to accept with regrets the resignation of Mayor Ben 'D Corbin.
AYES: 4 Councilmen: Winton, Ferris, Morton, Jennings
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Pro Tem Ferris expressed regret of the City Council on the resignation of
Mayor Corbin. He declared the office of Councilman of District #5 vacant, and the Mayor
seat vacant. An executive session was scheduled to be held in the Mayor's office
immediately following adjournment of the Meeting.
It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the
following vote to elect Councilman Joseph G. Ferris Mayor of the City of Downey,
AYES:
3
Councilmen:
Winton, Morton, Jennings
NOES:
0
Councilmen:
None
ABSENT:
0
Councilmen:
None
ABSTAIN:
1
Councilmen:
Ferris
Mayor Ferris expressed his appreciation to the City Council for their confidence.
He declared the office of Mayor Pro Tempore vacant.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to elect Councilman Donald H. Winton Mayor Pro Tempore.
AYES: 3 Councilmen: Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
ABSTAIN: 1 Councilmen: Winton
Mayor Ferris stated that for over ten years Councilman Ben Corbin has served his
fellow citizens as a member of the City Council, and prior to that was a member of the
Planning Commission. He stated that Ben Corbin's common sense judgment, hard work and
determination to improve the living environment of our community, since its incorpora-
tion, stands as an example for all City Councilmen, past, present and future. Mayor
Ferris stated that both Ben Corbin and his wife, Catherine, have a distinguished record
Council Minutes 1/11/71 -1-
of community involvement and service, and he commended them for their devotion to their
fellow citizens in the community. He extended the best wishes of the City Council to
Ben and Catherine Corbin,
Mayor Ferris declared that this is the time and place for the public hearing on the
General Plan and General Plan Map which was continued to this time and place from the
Regular Meeting of the City Council held December 14, 1970.
Mr. William A, Goggin, Director of Planning, reported on material prepared for the
City Council and distributed Friday, January 8th, together with staff reports and aerial
maps covering properties on which changes had been requested.
Councilman Morton stated that due to the lateness of the information received, he
had not had the opportunity to study each of the recommendations, that he had been con-
tacted by two persons with regard to the proposed changes in the General Plan, and was
not at this time prepared for discussion.
It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the
following vote to continue the hearing on the General Plan to the next regular meeting
to be held at 8:00 a.m. Tuesday, January 26, 1971,in the City Council Chamber.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Ferris inquired if there was anyone present wishing to speak in protest to
the matter, and there was no response. He inquired if there was anyone present who
wished to speak in favor of the matter, and there was no response.
Mayor Ferris declared that this is the time and place for the public hearing on
Downey Improvement Proiect No. 614. West side Wilev-Burke Avenue from Ouinn Street to
Irwingrove Drive, Sidewalk Construction. He inquired of the City Clerk if she had the
Affidavit of Posting of Notice and Affidavit of Mailing, to which she responded in the
affirmative.
It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered
to receive and file the Affidavits.
The Mayor inquired of the City Clerk if she had received any written protests. The
City Clerk distributed copies of a communication from A. R. Cardono, stating he was
still not convinced that the sidewalk should continue beyond Cherokee for reasons of
safety for pedestrians. Ordered received for the record.
The Director of Public Works reported on the project and on the City's share of
cost of construction.
The Mayor inquired if there was anyone present wishing to speak to the matter.
Dorothy Sheldrake, 10407 Wiley -Burke, spoke in favor of the sidewalk construction
on the West Side of Wiley -Burke. She stated that sidewalks are needed for the safety of
the children.
Shirley Cawley, 10414 Wiley -Burke, spoke in favor of the sidewalk construction on
the West Side of Wiley -Burke for the safety of the children.
Mayor Ferris inquired if there was anyone present wishing to speak in protest to
this matter.
Mr. Robert L. White, 10527 South Wiley -Burke, appeared before the City Council and
spoke in opposition. He stated installation of sidewalks beyond Cherokee and crosswalks
as proposed would change the traffic pattern and may create a more unsafe condition.
Barbara Swancoat, 10309 Wiley -Burke, spoke in favor of the sidewalk construction.
She requested to have placed in the record her statement that if a child or anyone else
is hurt as a result of no sidewalks, the City and those homeowners who do not have side-
walks will be sued.
Responding to comments of Mr. White regarding crosswalks, the Director of Public
Works stated that crosswalks would be placed where there is stop sign control.
Council Minutes 1/11/71 -2-
e3l nkAda
It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered
to close the hearing on Downey Improvement Project No. 614, West side Wiley -Burke Avenue
from Quinn Street to Irwingrove Drive, Sidewalk Construction.
City Manager Thompson stated this area is on the general plan for sidewalks in the
City, and sidewalks have been recommended for this area for several years. He referred
to a communication from the Superintendent of Schools urging that the program of
sidewalk construction be continued to provide safety for children walking to and from
schools.
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to authorize the Director of Public Works to proceed with construction
of improvements, all sites, under Downey Improvement Project No, 614, West side
Wiley -Burke Avenue from Quinn Street to Irwingrove Drive, under the provisions of
Chapter 27, at the following locations;
Site
Address
1
7535 Quinn St.
Wiley -Burke Ave. Frontage
2
10539 Wiley -Burke
Ave.
3
10527 Wiley -Burke
Ave.
4
10521 Wiley -Burke
Ave.
5
10513 Wiley -Burke
Ave.
6
10507 Wiley -Burke
Ave,
7
10435 Wiley -Burke
Ave,
8
10425 Wiley -Burke
Ave.
9
7556 Irwingrove Dr.
Wiley -Burke Ave. Frontage
Mayor Ferris reported on a meeting held early in 1969 with property owners on the
east side of Wiley -Burke, and at their request the property owners on the west side of
the street were contacted regarding the construction of sidewalks. Approximately 60% of
the sidewalks have been constructed on the west side of the street in this area.
(Objections raised to the construction of the sidewalks at a meeting held in the summer
of 1970 were that it would result in a change in the traffic pattern. The matter was
studied by the Traffic Committee at two meetings in December and they recommended
construction of sidewalks and the proposed crosswalks,
AYES. 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
At this time the City Clerk administered the Oath of Office to newly elected
Mayor Ferris.
The Mayor declared that this is the time and place for the public hearing on Downey
Improvement Project No. 608, 8840 Lindell Avenue, He inquired of the City Clerk if she
had the Affidavits of Posting and Mailing of Notice of Cost, to which she responded in
the affirmative.
The Mayor inquired of the City Clerk if she had received any written protests, and
she replied she had not.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
hear the Engineer"s Report.
The Director of Public Works reported that the total construction cost plus
engineering administration is $2,115.52. Total interest for a 10-year assessment
commencing February 11, 1971 is $773.09. The total amount to be collected would be
$2,888.61.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
accept the Engineer's Report,
The Mayor inquired if there was anyone present who wished to speak in protest to
the matter, and there was no response. He inquired if there was anyone present who
wished to speak in favor of the matter, and there was no response.
Council Minutes 1/11/71 -3-
It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered
to close the hearing on Downey Improvement Project No, 608, 8840 Lindell Avenue,
RESOLUTION N0, 2500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENTS FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO, 608, 8840 LINDELL
AVENUE
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. 2500.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mr. Kenneth Miller, 7336 Cleargrove, appeared before City Council and registered a
protest to the minute record of proceedings of his hearing held December 22, 1970 on his
protest to the amount of Utility Users' Tax claimed to be due. He stated the minutes of
the City Council Meeting of December 22nd did not reflect his statement that he had asked
for procedural rules on the protest hearing and they had not been furnished to him, also
his question directed to the Finance Director, Mr, Robert Shand, as to the evidence that
the City had against him, and Mr. Shand referred to a letter from the General Telephone
Company, Mr. Miller stated he had also asked Mr. Shand if the City had a breakdown of
his bill showing the various charges which equalled the total taxable charges on his
bill, Mr. Miller stated he believed Mr. Shand's answer caused the Council to believe
that which was not true because Mr. Shand did not have a detailed breakdown of the
various items of service on which the tax had been levied,
The Council directed that Mr. Miller's protest be reflected in the minutes of this
City Council Meeting.
It was moved by Councilman Winton that the Minutes of the City Council Meetings of
December 14, 1970 and December 22, 1970 be approved, and that the minutes of this City
Council Meeting reflect that he has noted the protest of Mr. Miller in his motion.
Motion seconded by Councilman Jennings and passed by the following vote.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Communication from Downey Christmas Parade Chairman requesting permission to discuss
finances of 1970 Parade and future financing at Council Meeting January 11, 1971,
Mr, Patrick McCallum, Chairman of the 1970 Christmas Parade, appeared before the
City Council, He stated that for many years the Downey Christmas Parade has been co-
sponsored by the Downey Lions Club and the Downey Jaycees, In 1969 the Parade was
televised and they were faced with a $3,900, deficit which was picked up by these two
organizations. In 1970 they ran a 'budget parade which was not televised and they are
faced with a deficit of $938.37 for this parade, Mr. McCallum stated that the amount
contributed by the City, $1,200,, has not been increased for several years. He requested
the City to subsidize the deficit of $938.37 and to give their assurance that in the
future there will be a more justifiable allowance for the Downey Christmas Parade, He
stated that without this assurance he believes the Downey Jaycees and the Downey Lions
Club will be unable to sponsor the Christmas Parade in the future.
It was moved by Councilman Winton to take the matter under submission,
Mr, Philip Ortiz, 11506 Hato Avenue, appeared in behalf of the Lions Club in support
of the request for additional funds for the Christmas Parade,
The motion to take the matter under submission was seconded by Councilman Jennings
and passed by the following vote,
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 1/11/71 -4-
Communication from California Regional Water Quality Control Board regarding
Ordinances No, 362 and No, 388 re Quality Ground Water, Ordered filed,
Communication from Downey Council PTA regarding Student Rate for Downey Theatre
Performances, It was moved by Councilman Morton and so ordered to refer this matter to
the Park & Recreation Commission,
Communication from Downey Chamber of Commerce enclosing report of activities for
the quarter September 16 to December 31, 1970, Mr, George Zehnder, President of the
Downey Chamber of Commerce, responded to questions by Councilmen Winton and Morton with
reference to the establishment of a committee to study the City Charter, also any activi-
ties relative to bringing new industry into the City.
Mr, William Cole, General Manager of the Chamber of Commerce, spoke with reference
to the activities and programs of the Chamber.
City Manager Charles Thompson reported on discussions with Mr. Cole several months
ago relative to a program for bringing in new industry. He stated that he had planned
to meet with the Chamber representatives after the first of the year to arrive at some
ground rules and establish the duties of a committee on industrial improvement and
expansion in the City.
Councilmen Winton and Morton commented relative to the meetings of a committee
established to study the City Charter and the failure of the Chamber of Commerce to
invite the City Council to attend. Councilman Morton referred to an understanding prior
to the signing of the agreement wherein the Chamber was to make a decided effort to work
in cooperation with the City to cement relations and keep the lines of communication
open between the two bodies.
Communication from Citizens Beautification & Development Committee regarding
Recommended Programs, It was moved by Councilman Winton, seconded by Mayor Ferris, and
so ordered to accept recommendations of the Committee.
Communication from Citizens Beautification & Development Committee regarding
Committee Appointments, Ordered filed,
Communication from City of Rolling Hills regarding Their Resolution re Report of
Urban Problems Committee, League of California Cities, Mayor Ferris reported on action
itaken by the League of California Cities to receive and file the Report of Urban
Problems Committee entitled "Changing Roles for Cities". Communication ordered filed.
Communication from City of San Leandro regarding Legislation re Automobile Safety
Flare. It was moved by Councilman. Winton, seconded by Councilman Morton, and so ordered
to receive and file communication.
Communication from City of Inglewood regarding Request of FAA for comments relative
to Requirements for Quiet Engines in Aircraft. It was moved by Councilman Winton that
the City Clerk draft a resolution to be directed to the FAA. Following comment by the
City Manager, Councilman Winton withdrew his motion and made a motion to refer the matter
to the City Manager for a letter to be drafted and mailed prior to the deadline date of
January 29th. Motion seconded by Councilman Jennings, and so ordered.
Communications from City of Culver City and City of Hawthorne regarding Resolution re
Utilizing Surplus Military Aircraft, Ordered filed,
Communication from City of Culver City regarding Resolution re Investigation of
insurance coverage in fields of municipal liability, Ordered filed,
Communication from Congressman Allen Smith regarding Downey's Resolution re SST
Program. Ordered filed,
Communication from Congressman Chet Holifield regarding Downey°s Resolution re SST
Program, Ordered filed,
Communication from State Department of Public Works regarding Uniform Traffic
Control Devices, Ordered filed,
Communication from Jack E. Robinson, 8555 Gainford St„ regarding Traffic Hazard in
right-of-way at 10025 Brookshire, Referred to Director of Public Works for report back
to Council_
Council Minutes 1/11/71 -5-
0-0f
Communication from City of Hawthorne regarding Resolution re Consolidation Super
and Municipal Courts, Ordered filed.
Communication from City of Seal Beach regarding Resolution re Establishment of
Environmental Quality Control Boards. Ordered filed,
Communication from Public Utilities Commission regarding Resolution re Electric
Utilities Reports on Loads and Resources. Ordered filed.
Communication from Public Utilities Commission regarding Hearing, January 19,
Southern California Edison Rates. Ordered filed.
Communication from Public Utilities Commission regarding Hearing re Bus Carriers
Operating in California. Ordered filed.
Communication from George Strong, 8555 Lyndora, requesting a Hearing on Appeal,
Zone Exception Case #962. It was moved by Councilman Morton, seconded by Councilman
Winton, and so ordered to set a hearing for 7:30 p.m., February 8, 1971, in the City
Council Chamber,
Communication from Board of Supervisors, County of Los Angeles, regarding Law
Enforcement Costs. Ordered filed.
Councilman Jennings read into the record the following communication:
January 10, 1971
"We the undersigned fully protest to the Public Utilities Commission the
proposed increase in water rates by the Park Water Co. of 4206 E. Rosecrans
Ave., Compton, Calif., for various reasons: Mainly, the last rate increase
was supposedly for better service and yet the service never improved and is
still on the down grade.
We would appreciate a full investigation by the Commission before considering
granting a rate raise.
Thank you.
James R. McAloon,
7113 Adwen St., Downey
Mr, Thomas A. Davidson,
7123 Adwen St., Downey
Mrs. R. L. Thomas,
7133 Adwen, Downey
Mrs. Birdie P. Horton,
7137 Adwen, Downey
Joseph E. Horton,
7137 Adwen, Downey
Mr. & Mrs. John Draper,
7143 Adwen St., Downey
Mr. & Mrs. William W. Fussell,
7118 Adwen St., Downey
Charles R. Arbino,
7117 Adwen St., Downey
Robert Wolfe,
7155 Adwen
Mr, Andalecio Chavez,
7165 Adwen St., Downey
Mr. Gene,
7181 Adwen St.
Dorothy F. Boyakin,
7185 Adwen St., Downey
Elmer H. Boyakin,
7185 Adwen, Downey
Mrs. Hazel Hunter,
7203 Adwen, Downey
Mrs. Mary Smithson,
7207 Adwen, Downey
James J. Abel,
7213 Adwen, Downey
Council Minutes 1/11/71 -6-
Carl D. Baker,
7190 Adwen, Downey
Kay Bowman,
7184 Adwen, Downey
Mrs, Sandra L. Hancock,
7158 Adwen, Downey
Clell W. Gladson,
7154 Adwen St., Downey,
Ajay M. Jurkatis,
7148 Adwen St., Downey,
Katherine A. Jurkatis,
7148 Adwen St., Downey,
Bonnie Geibe,
7144 Adwen, Downey
Barbara Y. Shepherd,
7138 Adwen, Downey
David W. Hines,
11642 Mitla, Downey
Benedict Kierpiec,
11639 Mitla Ave.
K. Bennett,
11617 Mitla
Frank Wi.ezbowski,
11629 Mitla
Charles McCarthy,
11613 Mitla
Beverly Tilly,
11612 Mitla
C. 0. Weathers
11636 Mitla, Downey
Mildred F. Weathers,
11636 S. Mitla Ave."
Calif.
Calif.
Calif.
for
Councilman Winton commented on the poor services of Park Water Company, He
requested a motion authorizing the City Manager to telegraph the Public Utilities
Commission protesting the rate increase,
City Manager Thompson reported that he was authorized by City Council to appear
before the Public Utilities Commission at a hearing to be held on January 12th. He
requested a copy of the letter read by Councilman Jennings to be used in his presentation.
A recess was declared at 9:15 p.m. The Meeting was resumed at 9:30 p.m. with all
members of the City Council in attendance,
Communication from City of Rialto enclosing Resolution regarding Request for Rate
Increase by Southern California Edison Company, Ordered filed,
Communication from City of Rialto enclosing Resolution regarding Annual Inspection
of Motor Vehicles for Efficient Emmission Control Devices, Ordered filed,
Communication from League of California Cities regarding Downey's Resolution #2498
regarding funds for local government services. Ordered filed,
Copy of Congressional Record regarding Senator Tunney''s presentation against further
funding of the SST aircraft, Ordered filed,
REPORT OF LEGAL CLAIMS DENIED:
Lois Palmer, 7848 E. Blandwood Rd., Downey
Nancy Ann Wortham, 12331 Dunrobin Ave., Downey
Acting City Attorney Carl Newton advised the City Council of a new law effective
January 1, 1971 whereby if a City Council takes direct action on a claim and so notifies
the claimant, the Statute of Limitations is shortened to a 6-month period, He recommended
that the City Council either hold the claims for action at the next City Council Meeting
after this law has been reviewed with the City Attorney, or to take action by way of
denial at this meeting.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
take legal claims under submission until the next Council Meeting,
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 4600 OF THE DOWNEY MUNICIPAL CODE
AND ADDING SECTION 4600.1, WHICH SAID SECTIONS
RELATE TO NOISE
The Ordinance was read by title only. It was moved by Councilman Winton to waive
further reading, At the request of Councilman Jennings, the City Clerk read the
Ordinance in its entirety.
Mr, Earl J. Berry, 8536 Eucalyptus, appeared before the City Council and spoke in
favor of the Ordinance. He suggested adding to the Ordinance a provision where owners
of property on which a noise violation occurs could be cited,
Mr. Wendell Wiser, 10921 So. Paramount Blvd., stated he would have no objection to
amending the Ordinance as recommended by Mr. Berry, providing the violation occurs with
the consent of the property owner.
Acting City Attorney Newton responded to questions of Mr. Wiser regarding apprehen-
sion of persons charged with drunk and disorderly conduct. He stated the Ordinance on
Noise does not deal with this matter; that procedure is provided for in a State law,
Mr, Jerry Rossiter, 8202 E. Adores, spoke in protest to the Ordinance. He commented
with reference to mufflers on motorcycles and motorbikes and violations of present laws
which are not enforced. He inquired if the Ordinance would prohibit the use of Lawn
mowers which he said has the same motor as a motorbike, Councilman Winton stated that a
lawn mower motor has only a 96 decibel noise factor,
Chief Morgan answered questions of Mr. Rossiter concerning violations under the
Ordinance,
Council Minutes 1/11/71 -7-
Tim Case, 7835 E. Fifth Street, student of Pius Tenth High School, inquired where
he could get a decibel count for a motorbike, Chief Morgan responded that the 100
decibel count as indicated in the Ordinance does not apply to mini -bike or motorbike
mufflers, that it would apply to manufacturing noises, amplified fans, etc.
Tim Case commented regarding the City machines that are operating at 9:00 a.m. and
have a high decibel count.
Responding to questions of Mrs. Betty Kenley, 9028 Manzanar, Chief Morgan stated
the City does not have a machine to measure decibels. He stated that Section 4600.1 of
the Ordinance is intended to provide a means to enforce the noise laws if other means
fail; the City could rent a machine to measure the decibel count and that would be
prima facie evidence of a violation.
In response to Mrs. Kenleyas question regarding diesel trucks, the City Attorney
advised that the Ordinance does not deal with motor vehicles on highways.
In response to a question by Mrs. Kenley, the City Manager was requested to contact
the City of Santa Fe Springs regarding a Highway Patrol Motorcycle Officer who parks on
the Santa Ana Freeway Ramp in back of Mrs. Kenley°s home and starts up his motor several
times in the night, creating Loud noises.
Gene Baldoni, 10314 Haledon Ave., spoke regarding mini -bike riding in the City. He
said if the proper mufflers are placed on mini -bikes he could see no reason why it
should be illegal to ride them during daylight hours in places where they would not
disturb the residents. He said the alleys are the only place for youngsters to ride
their mini -bikes. He said he felt the City should provide places for riding mini -bikes.
Councilman Winton explained some of the problems that would be involved in providing
areas for mini -bike riding, the main problem being supervision of the activity, also
making sure that riders were qualified and providing for their safety. He mentioned the
complaints which have been registered with him concerning riding of mini -bikes on Edison
Company property near the White Front. He stated he realized the problem facing the
youngsters and suggested if the boys could find a place that they felt could be utilized
for mini -bike riding, they should contact Mr. Jim Ruth of the Park and Recreation
Department. He commended the two boys, Tim Case and Gene Baldoni, for their fine
presentations.
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to introduce the Ordinance,
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Councilman Morton requested the Director of Park & Recreation to check into the
possibility of using the old river bed of the Rio Hondo Riverwest of the Island as a
possible place for mini -bike riding.
RESOLUTION NO. 2501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING CONDEMNATION PROCEEDINGS ON FOSTER BRIDGE BLVD.
NORTHERLY OF SUVA STREET AND RESCINDING RESOLUTION NO.
2479
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading,
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No, 2501.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 1/11/71 -8-
01
RESOLUTION NO. 2502
A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF DOWNEY
APPROVING THE APPOINTMENT OF MRS, CHRISTINE FARMER AS A
MEMBER OF THE LIBRARY ADVISORY BOARD
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to adopt Resolution No, 2502.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO, WS-718
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, 31919 -
32428 -- $189,713.68 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. WS-718,
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS-719
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, 32429 -
32940 -- $190,057.43 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Jennings, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to adopt Resolution No. WS-719�
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO, WS-720
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. 12269 -
12432 -- $234,086,49)
The Resolution was read by title only, It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to adopt Resolution. No. WS-720,
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen.: None
ABSENT: 0 Councilmen: None
Council Minutes 1/11/71 -9-
RESOLUTION NO. WS-721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 12433 -
12780 -- $110,648.28)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading,
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to adopt Resolution No. WS-721.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Following a summation of bids, it was moved by Councilman Morton, seconded by
Councilman Winton, and passed by the following vote to award Cash Contract #267,
Brookshire Park, to Crowell & Larson of Baldwin Park, the lowest and best bidder, in the
amount of the bid submitted, and to waive the Bid Bond Informality.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
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 authorize appropriation of funds for Raising City sewer manholes
on Firestone Blvd. under Cash Contract #SS-251, for State Contract #07-262104, and to
authorize the following transfer of funds:
AMOUNT FROM TO
$4,500. Gas Tax Surplus A/C #16101
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
CITY MANAGER'S REPORT
City Manager, Charles W. Thompson, requested the City Council to consider the
recommendation of the Chief of Police to grant a 60-day leave of absence without pay to
Officer Mark Allinson, following termination of his present leave which expires
January 14, 1971. The City Manager explained Officer Allinson was injured while on duty
October 2, 1968, and has been off work for a total of one year. He stated that Officer
Allinson was denied disability retirement and has appealed his case. The Retirement
Board will meet again February 10, 1971, and there is some evidence he will be success-
ful in his request. .
It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by
the following vote to approve a 60-day leave of absence without pay to Officer Mark
Allinson following termination of his present leave which expires January 14, 1971.
AYES: 4 Councilmen: Winton, Morton, Jennings, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
City Manager, Charles W. Thompson, reported on the progress of acquisition of tax
delinquent property easterly of the Rio Hondo Channel, south of the Santa Ana Freeway,
on which tax deeds were acquired in July 1969. He stated the owners, Dr. and Mrs. John C.
Campbell had petitioned the City Council on April 6, 1970 to deed the property back to
them with the understanding they would deliver a gift deed to the City for the same
property and pay delinquent taxes and interest accrued. The request was denied. The
City Attorney has advised that good and clear title to the land can be obtained by
acceptance of a deed from the Campbells, which acceptance would provide that any back
taxes, delinquent taxes or penalties will be paid for by the Campbells.
It was moved by Mayor Ferris, seconded by Councilman Winton, and so ordered that the
City Manager proceed with the acquisition of the subject property as recommended.
Council Minutes 1/11/71 -10-
N"z .z '
ORAL COMMUNICATIONS
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
approve appointment of Mrs. Betty Rupp, 12724 Barlin, to the City Beautification
Committee, representing District #1.
It was moved by Mayor Ferris, seconded by Councilman Winton, and so ordered to
approve appointment of Mr. Joseph Clay, 7206 Bairnsdale, to the City Beautification
Committee, representing District #3.
Mr. Earl J. Berry, 8536 Eucalyptus, recommended that to resolve differences between
-- City Council and Downey Chamber of Commerce regarding the Charter Study Committee, each
Councilman temporarily appoint from their district a representative to the Committee if
agreeable with the Chamber of Commerce.
Councilman Winton requested Council's consideration of D. Douglas Morrow, a resident
of District#1 and member of the Park & Recreation Commission, as replacement for retired
Councilman of District #5. He stated he would present each Councilman with a resume' on
Mr. Morrow.
There being no further business to come before the City Council, the Meeting was
adjourned at 10:45 p.m.
ELLEN C. DAVIS, CITY CLERK
Council Minutes 1/11/71 -11-