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HomeMy WebLinkAboutMinutes-01-26-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 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. General Plan Hearing continued to 2/8/71 2 Minutes, January 11 and January 14, 1971 Approved 2 Resignation, Giles D. Hollis, Park & Rec. Comm. Accepted 2 Appeal, Zone Exception Case #964 (8011 Imperial) Hearing set for 3/8/71 2 Procedure on Legal Claims No action 2 Ordinance relating to Noise Taken under submission 3 Resolution #2503, Approving Appointment Robert A. Weglin to Park & Recreation Comm. Adopted 3 Resolution #25O4, Wage Rates, Public Work Adopted 3 Resolution #25O5, Withdrawing Certain Area from County Fire Protection District (Bell Gardens Annex.) Adopted 3 Resolution #25O6, Ordering Condemnation Proceedings Firestone Blvd. at Newville Ave. Adopted 4 Resolution #2507, Approving Agmt. for Relocation of Little Lake Rd, & Drainage Facility: Authorizing Mayor to Sign Option to Purchase Property and Lease Agmt. Adopted 4 Resolution #WS-722 (Payroll) Adopted 5 Resolution #WS-723 (B Warrants) Adopted 5 CC #246, Woodruff Ave., southerly from Imperial Hwy. Taken under submission 5 CC #277, Water Div. Project #86O39-71 Cement Mortar Lining of 4" & 6" Water Transmission Lines. Plans & specs; authority to advertise Approved 5 CC #SS-252, Storm Drain, Stewart & Gray Rd., Bellflower Blvd. to 1300' easterly. Advance of funds Approved 5 CC #SS-198, Foster Bridge Blvd. Award of contract; transfer of funds Approved 5 CC #272, Richeon Ave., Horley to Lubec. Accept improvements Approved 5 C.M. Report on 1971 Lot Cleaning Schedule No action 6 Financial Statement, Downey Community Hospital No action 6 Authority to intervene in PUC Case re Utility Users' Tax Approved 6 City School Recreation Committee Appointment by Mayor 7 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 26, 1971 The City Council of the City of Downey held a regular meeting at 8:00 a.m., January 26, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: Councilmen: None 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 Park & Recreation Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend Alvin P. Young, Messiah Lutheran Church, delivered the invocation, followed by the Flag Salute led by City Manager Charles Thompson, Mayor Ferris welcomed to the City Council Mr. Giles D. Hollis, newly appointed Councilman of District No. 5. Councilman Hollis was congratulated by his fellow Council- men, City Manager Thompson and City Attorney Sorensen, and was extended a warm welcome by each. The following persons were introduced: Mayor Ferris' wife, Josephine, and daughter, Elaine. Councilman Morton's wife, Mary, and son, Robbie. Councilman Winton's wife, Ethel. Councilman Hollis' wife, Mary; his mother, Mrs. Mary E. Hollis; his Pastor, Rev, John Ashcraft and Mrs. Ashcraft; and his friend, Wendell Wiser. City Manager Thompson's wife, Alma. Mayor Ferris stated he was looking forward to expressing appreciation in the near future to former Mayor and Councilman, Ben 'D Corbin. He acknowledged for the record Ben Corbin's long years of service to the community and his devotion to duty. Addressing Councilman Hollis, the Mayor said he will find a concept of team work has characterized the Downey City Council over the years, and as a member of this team, Councilman Hollis will have full opportunity to express his beliefs through dialogue and action by vote. Mayor Ferris said that Councilman Hollis is filling the vacancy of a man who has always retained a fine rapport with the citizens of Downey, Ben Corbin, a man who is known for his common-sense judgment and good will toward the citizens, Councilman Morton stated that in his resignation from the City Council and his retirement, Ben Corbin has joined a long list of very prominent and dedicated citizens who have served on the City Council. He said that certainly Ben Corbin takes his place in this group, knowing he has made tremendous contributions to the City, and as he drives through the City he will realize he had a part in molding the destinies of the City of Downey and helping to maintain it as a quality residential city with a happy balance of commercial, industrial, and parks -schools programs. Councilman Morton listed some of the programs in which Ben Corbin participated, namely, the Downey Avenue Development; the Hospital; the Theatre; Golden Park; Crawford Park; and the Golf Course. He said Downey will miss Ben Corbin and his wife, Catherine, two very gracious people, dedicated to the service of this community. Councilman Morton said that as Councilman Hollis takes Ben Corbin's place on this City Council, he will be filling "pretty big shoes". Mrs. Maxine Gaudette, President of the Downey Board of Realtors, extended congratula- tions to Councilman Hollis from that organization. Councilman Winton introduced Mrs. Betty Rupp, member of the City Beautification Committee, who congratulated Councilman Hollis and extended greetings from her parents, former Councilman and Mrs. Steve Skinner. Council Minutes 1/26/71 -1- With the assistance of the Director of Public Works, Ervin Spindel, the Mayor pre- sented Zero Defects Awards to Charles Eccleston, Engineering Division, and Bobby Forrester, Street Maintenance Division, of the Department of Public Works, Mr, Spindel explained that Zero Defects is a program to eliminate errors, institute pride in performance and pride in the department. The recipients of this quarterly award are nominated by the supervisory staff and selected by a committee of employees. He congratulated Charles Eccleston who has been employed by the City of Downey for more than. ten years, who started as a Junior Engineering Aide and has advanced to Assistant Traffic Engineer. He congratulated Mr. Bobby Forrester, who has advanced from a Laborer to a Leadman in the Street Maintenance Division, and who he stated is always cheerful, dependable, and can be counted on to do a good job, The Director of Public Works introduced Miss Rhona Weinberg, Miss Downey, and pictures were taken of her with Charles Eccleston and Bobby Forrester, 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 January 11, 1971, It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to continue the hearing on the General Plan and General Plan Map to 7:30 p.m., February 8, 1971, in the City Council Chamber, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Winton, and so ordered to approve the Minutes of the City Council Meetings of January 11, 1971 and January 14, 1971. Communication from Giles D. Hollis tendering Resignation from Park & Recreation Commission. It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to accept the resignation of Giles D. Hollis as member of the Park & Recreation Commission effective January 15, 1971. Communication from Olympic Screw & Rivet Corp., Downey, Calif., commending Police and Fire Departments of Downey. Ordered received and filed. Communication from Public Utilities Commission regarding Application of Peerless Water Co. for increase in rate. Ordered received and filed. Communication from Public Utilities Commission regarding Application of Southern California Gas to revise tariffs. Ordered received and filed. _ Communication from Robert Hicks, President, Phylrose Corp., requesting Hearing on Appeal of Zone Exception Case #964 (8009-8011 Imperial Hwy.). It was moved by Councilman Morton and seconded by Councilman Winton to set Hearing on Appeal of Zone Exception Case #964 for 7:30 p.m., February 8, 1971, in the Council Chamber of the Downey City Hall. At the request of Councilman Jennings and with the consent of the second, Councilman Morton withdrew his motion. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to set the Hearing on Appeal of Zone Exception Case #964 for 7:30 p.m., March 8, 1971, in the Council Chamber of the Downey City Ha11, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City Attorney, R. M. Sorensen, suggesting procedure for legal claims against the City, to comply with Section 913 of the Government Code. Councilman Morton suggested the Director of Finance set up a procedure whereby the recommendation of the insurance carrier on legal claims will be returned to the City Council within the time that the City must take action on the claim. Council Minutes 1/26/71 -2- ORDINANCE N0, 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 Jennings, seconded by Councilman Morton, and so ordered to waive further reading, It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered _ to take the matter of the Ordinance under submission until the Regular City Council Meeting of February 8, 1971, to permit those persons interested an opportunity to be present, RESOLUTION N0, 2503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROBERT A. WEGLIN TO THE PARK AND RECREATION COMMISSION The Resolution was read by title only. It was moved by Councilman Hollis, seconded by Councilman Winton, and so ordered to waive further reading, It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No, 2503. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO, 2504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ASCERTAINING THE GENERAL PREVAILING RATE OF PER DIEM WAGES TO BE PAID UPON PUBLIC WORK WITHIN THE CITY 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 Jennings, and passed by the following vote to adopt Resolution 2504. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION N0, 2505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESCRIBING A CERTAIN PORTION OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE CITY OF DOWNEY AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT 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 Hollis, and passed by the following vote to adopt Resolution No, 2505, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION N0, 2506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING CONDEMNATION PROCEEDINGS ON FIRESTONE BOULEVARD AT NEWVILLE AVENUE Council Minutes 1/26/71 -3- 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 Winton, and passed by the following vote to adopt Resolution No. 2506. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA FOR THE RELOCATION OF LITTLE LAKE ROAD AND DRAINAGE FACILITY: AUTHORIZING THE MAYOR TO SIGN AN OPTION TO PURCHASE REAL PROPERTY AND AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT FOR PARCEL AS SHOWN ON EXHIBIT A The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. Councilman Morton reported that this project was started in 1964 by polling the citizens in the area and meeting with the citizens, as well as inviting members of the Assembly to meet and survey the area. He stated it has taken eight years to bring the matter into fruition, during which time a number of trips were made to Sacramento and it was necessary to have certain bills passed by the Assembly. He commended the Director of Public Works, Ervin Spindel, the Director of Parks and Recreation, Jim Ruth, and the City Manager's Office for their perseverance and expressed his appreciation to Ervin Spindel and Jim Ruth for the voluminous work done by them to accomplish this program. Mr. Spindel pointed out a correction on Page 5 of Indenture of Lease changing size of sheets of site plans from 30" X'40" to 24" X 36" and advised the agreement will be effective on date it is executed by the State. Councilman Jennings requested that the Minutes reflect the adoption of Resolution No. 2507 involves a proposed expenditure of $180,000. in five annual payments of $36,000. each. So ordered. It was noted by the City Attorney that the Resolution is not a firm obligation of the City; that if the City does not exercise its option to purchase the property, it is not obligated to make the purchase. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Resolution No. 2507. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Winton commended Councilman Morton for his perseverance on this project that he felt was worthwhile for the City. He stated he believed that every acre that can be reserved for recreation purposes will be treasured in the future. Referring to calls he had received from residents in his district and others criticizing the use of funds for this project, he stated for the record that "if they are too lazy to drive a mile to use the park, then let them do without." Councilman Hollis commended Ervin Spindel and Jim Ruth for the work they have done over the years to accomplish this project. Mayor Ferris stated that this program is a technical example of management ingenuity, perserverance and good teamwork, and he commended Ervin Spindel, Jim Ruth and the City Manager's office for their work on this program for the past eight years. RESOLUTION NO. WS-722 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. 32941 - 33451 -- $191,043.57 -- PAYROLL) Council Minutes 1/27/71 -4- 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 Jennings, and passed by the following vote to adopt Resolution No. WS-722, AYES: 5 Councilmen., Morton, Winton, .Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO, WS-723 A RESOLUTION 0'F 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 (N0, 12781 - 12939 — $385,536.57) 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 Morton, and passed by the following vote to adopt Resolution No, WS-723, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None } ABSENT: 0 Councilmen: None S tfY It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to take the matter of Cash Contract #k 46, Woodruff Ave., southerly from Imperial Highway, under submission for review by the Director of Public Works of the driveways on the White Front property for ingress and egress. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #277, Water Division Project No, 86039-71 Cement -Mortar Lining of 4" S 6" Water Transmission Lines, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman. Winton, seconded by Councilman Morton, and passed by the following vote to authorize a $5,000, advance for the design of Cash Contract OSS-252, easterly, from Gas 6-6L to Account No, 6-16102, Storm Drain Project, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen; None Following a summation of bids, it was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to award contract in the amount of the unit prices bid to Silveri and Ruiz Construction Company of Fullerton for construction of street improvements under Cash Contract #SS-198, Foster Bridge Boulevard, waive the 'bid bond informality, and authorize the following transfer of funds: AMOUNT $4,500, FROM Gas Tax Surplus go A/C #06 11297 AYES. 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen. None ABSENT: 0 Councilmen: None It was .moved by Councilman. Jennings, seconded by Councilman Hollis, and passed by the following vote to accept the improvements constructed under Cash Contract #272, Richeon Ave. Horley to Lubec, and approve extra work and time extension, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES. 0 Councilmen: None ABSENT: 0 Councilmen- None Council Minutes 1/26/71 -5- 3 CITY MANAGER'S REPORT City Manager Charles Thompson reported on the 1971 Lot Cleaning Schedules He advised that the inspections of all properties are now complete and the number of pro- perties which the City will clean for property owners will be available the first of February. He said that as the number of properties to be mowed and disced is decreasing, which is the basis for competitive bids, and special cleaning which is handled on a cost-plus basis is increasing, it is recommended by the Department of Public Works to continue the practice of hiring a local contractor. He reported that notices would be mailed on February 18, 1971 of a hearing before the City Council to be scheduled on March 8th to hear protests. The City Manager reported on the Annual Financial Statement and Audit of the Downey Community Hospital for the fiscal year ending June 30, 1970. He stated that the Statement has been filed with the City Clerk and he has provided the City Council with copies of the Statement of Loss and Fund Balance, He said a further breakdown for further clarity has been requested and will be provided to the City Council as soon as received. In response to a request of Councilman Morton, the Director of Finance stated he would contact the Auditors of the Hospital Foundation and request that Debt Retirement be set out in the report as a separate item, The City Manager reported on a Petition filed with the PUC which questions the right of the telephone company to collect the City's Utility Users' Tax, He stated he concurred in the recommendation of the City Attorney that the City seek the right to intervene in this case, He recommended that the City Council authorize the City Attorney to file an Intervention Petition. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to authorize the City Attorney to file an Intervention Petition in the case before the Public Utilities Commission regarding the matter of the right of the telephone company to collect the City's Utility Users' Tax, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None In response to Councilman Morton's request that the other cities who have established a Utility Users' Tax be invited to participate, the City Attorney stated he would request a few cities with problems similar to those of Downey to participate, in order to avoid the possibility of raising issues and problems that are not present in Downey's situation. The City Manager reported on the Semi -Annual Status Report of Public Works Projects, copies of which were furnished to the City Council, ORAL COMMUNICATIONS Councilman Morton called attention to his request of about three months ago that consideration be given to the parking problem at the Theatre and the possibility of some type of 'barrier across the rear as you drive in so that people cannot park with rear of car in the sidewalk or red areas. He requested that the matter be reviewed as it is a hazardous situation, Councilman Morton reported on violations of parking restrictions on Downey Avenue near Fifth Street, particularly on Sundays when cars are parked in a red zone, and it is not possible for two cars to drive in the right-of-way. He requested that this area be watched, particularly on Sundays and that cars in violation be ticketed. In response to a question by Councilman Morton as to the feasibility of increasing the speed limit on Downey Avenue north of Fifth Street, the Director of Public Works stated it would be more realistic to increase the speed from 25 to 35 miles per hour with the exception of the school zones. Councilman Winton commented relative to his recommendation of some time ago that the speed limit on Foster Road-Gardendale Avenue be increased to at least 35 miles per hour, The Director of Public Works stated that the speed could be increased on that street to 35 miles per hour as the City of Bellflower has increased their speed limit to 35 miles on their side, In response to a question by Councilman Winton, Chief of Police Morgan stated that radar patrol is being maintained on the south half of Foster Road=Gardendale Avenue. Councilman Jennings requested that the following report be written in its entirety in. these minutes: Council Minutes 1/26/71 -6- SOUTHERN CALIFORNIA EDISON COMPANY' Energy Costs Total Average Predicted 1970 Cost Increase Cost Cost Traffic Signals and Street Lighting 142,356 13"4% 19,080 161,436 Special Services 18,161 16,0% 2,906 21,067 Library 5,652 16,0% 904 69.556 Civil Defense 120 25,0% 30 150 Fire 3,700 16,0% 592 4,292 Public Works -Street Maintenance 3,393 16.0% 543 "3,936 Forestry -Parking Lots 1,990 16.0% 318 2,308 Forestry -Others 62, 25,0% 157 -184 Watei-Pumping 32,814 15,7% 5,152 37,966 Water -Other 4,680 17,0% 796 5,476 Parks -General 19,265 16.0% 3,082 22,347 Parks -Theater 12,894 15.2% 1,960 149854 1970 Level of Service 245,652 14,5% 35,520 281,172 1971-72 Budget + 1% 248,109 14,5% 359875 283,984 Councilman Jennings reported he will be absent from the February 8th City Council Meeting, Mayor Ferris reported on the Public Systems Seminar Series on Technology for Criminal Justice being conducted by the University of Southern California and stated a brochure is available in his office for review for those interested, Mayor Ferris also reported on the Annual General Assembly of SCAG to be held at the Newporter Inn in Newport Beach on February 9, 10 and 11, which conference will deal with the establishment of regional governments. He read a letter from the Mayor of the City of Camarillo regarding a possible attempt to establish precedent setting pre-emption of local powers, City Attorney Sorensen commented that the matter referred to in the letter from Mayor Daily of Camarillo refers to the Airport Committee of SCAG making recommendations to the Executive Committee of SCAG that the Oxnard Air Force Base located substantially in the City of Camarillo be released by GSA for a County Operated Air Force. He said the Executive Committee referred the matter to other committees .for a report and a dispute has arisen as to the authority and powers of the Executive Committee, Mr. Sorensen stated that he is the City Attorney for the City of Camarillo and his partner is Attorney for SCAG and he is, therefore, unable to voice an opinion upon the legal effect of the By -Laws or the powers or authority of the Executive Committee, Mayor Ferris reported on National Institute on City -County Consolidation to be held on February 1, 2 and 3 in Baton Rouge, Louisiana, and February 3, 4 and 5 in Jacksonville, Florida, Mayor Ferris appointed Councilman Giles Hollis to the City -School Recreation Committee filling the vacancy on that committee, Mayor Ferris welcomed to the City Council Mr" John Furtak, new member of the Press Corps for Call -Enterprise. Mr. Wendell Wiser, 10921 Paramount Blvd „ congratulated Giles Hollis on his appoint- ment to the City Council. Council Minutes 1/26/71 -7- There being no further business to come before the City Council, the Meeting was adjourned at 9:20 a.m. ELLEN C. DAVIS, CITY CLERK Council Minutes 1/26/71 -8-