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HomeMy WebLinkAboutMinutes-05-10-71-Adjourned Meeting & Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED MEETING MAY 10, 1971 The City Council of the City of Downey held an Adjourned Meeting at 4:00 p.m., May 10, 1971, in the City Manager's Office 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 Loren D. Morgan, Chief of Police Don Warren, Deputy Fire Chief Ellen C. Davis, City Clerk The Mayor declared that this meeting was adjourned from the Special Called Meeting of May 6, 1971, for the purpose of discussing personnel matters. He inquired of the City Clerk if she had the Affidavit of Posting of Notice as required by law, to which she responded in the affirmative. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to recess to executive session to discuss personnel matters. The Meeting resumed, with all Councilmen in attendance. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to adjourn the Meeting at 6:50 p.m. /JOSEPff G. FERRIS, MAYOR ATTEST: / ELLEN C. DAVIS, CITY CLERK MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 10, 1971 T A B L E O F M I N U T E A C T I O N SUBJECT: ACTION: Presentation of Quarterly Zero Defects Awards Myles Sprague selected as Public Works Employee of the Year Renewal License presented to Downey Communicators Hearing, Protest to Utility Users Tax, Bob Wood, dba Firelake Car Wash Appeal, Z. E. Case #987, 9341 Firestone Blvd Section 9120.9, D.M.C. Minutes, April 27, 1971 Mr. G. Poochigian re Traffic Citation Legislation re Quieter Aircraft Resolution #2531 Urging Legislation to Provide Disaster Relief Funds Legislation re Elections Code Amendment Communication re Regulations, construction in undeveloped fire hazard areas Notice of Hearing on De -Annexation of two small parcels to City of South Gate Comm. from City of Irwindale regarding AB 813 and AB 520 re Annexations Request of City Manager re procedures on reviewing and responding regarding legislation Downey Community Hospital request for increase in hospital service charges Presentation by Division of Highways on Santa Ana Freeway Improvement Report of Legal Claims Received: Ref. #018 - La Von I. Evans & Richard D. Evans, 10611 Horley Ave., Downey Legal Claims for Council Action: Ref. #007 - Louis F. Riesenhuber, 9602 Cecilia St., Downey Recommendation re duplication, legal claims information Amount of delinquent tax confirmed Hearing continued to 6/14/71 7:30 p.m. Ref. to Planning Commission for study Approved No action Resolution to be prepared Adopted Taken under submission Mayor to reply Receive & file Ref. to City Manager Approved Approved No action Receive & file Denied No action Resolution #2532, Finding & Determining Public Interest require acquis. property for street purposes on Paramount N/o Leeds (12502 Paramount Blvd.)(SS Project #225) Adopted Page 1 of 2 PAGE NO. 1 1 1 2 4 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 /A Table of Minute Actions Council Minutes 5/10/71 SUBJECT: ACTION: PAGE NO. Resolution #2533 Relating to Importation of foreign -made products (amended) Adopted 8 Resolution #2534 Commending State Legislature re Local Representation on Water Quality Control Boards Adopted 8 Resolution #2535 Authorizing City Manager to Submit Appl, Grant for Law Enforcement Purposes Adopted 9 Resolution #WS-737 (Payroll) Adopted 9 Resolution #WS-738 (B Warrants) Adopted 9 CC #274, Tree Removal, Various Locations. Specs & auth. to advertise for bids Approved 10 CC #SS-246, Woodruff Ave., Median Island Construction. Award of contract & transfer of funds Approved 10 CC #266, Palm Tree Cleaning at Various Locations. Acceptance of improvements Approved 10 Sidewalk Matching Funds Approved 10 Matching Fund Policy Ref. to City Manager for report & recommendation 10 Paving Matching Funds Program Approved 11 Miscellaneous Special Lot Cleaning Approved 11 1970 Storm Drain Bond Issue Engineering Agreement. Authorize Mayor to sign Approved 11 Request from Ecology Committee, L.A. County Ref. to City Manager Grand Jury for reply 11 Petition opposing "Orange Route",#105 Freeway Receive & file 12 Compromise Route proposed by Division of Highways, #105 Freeway Ref. to School Board 13 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 10, 1971 The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 10, 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. Coggin, Director of Planning Ray Lake, Director of Building d Safety Jim Ruth, Director of Parks d Recreation Robert W. Gain, Fire Chief Jack Martin, Captain, Police Department H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Bishop Henkleman, Moravian Church of Downey, delivered the invocation, followed by the Flag Salute led by City Manager Charles Thompson. Mrs. Nellie Horner, member of the Board of Realtors, appeared before the City Council and requested that the Mayor sign a proclamation declaring May 23rd through May 29th as Downey Realtors Week. She reported the Downey Board of Realtors will host a breakfast on May 26th honoring Foreign Exchange Students and a luncheon for Senior Citizens on May 27th. Mrs. Maxine Gaudette, President of the Downey Board of Realtors, expressed apprecia- tion to the Mayor and City Council for recognizing them at this meeting. The Mayor and members of the City Council offered their congratulations to the Downey Board of Realtors. With the assistance of the Director of Public Works and Rhona Weinberg, Miss Downey, the Mayor presented Quarterly Zero Defects Awards to the following employees: Robert Larsen, Engineering Division; Eugene Woodrome, Water Division; Ron Fredrickson, Engineering Division; and Tom Staley, Engineering Division. The Director of Public Works, Ervin Spindel,reported that Myles Sprague was selected as Public Works Employee of the Year. He said Mr. Sprague has been an employee of the City for thirteen years and commented on his willingness to work on any task when needed. He said that Myles Sprague has also served his fellow employees with great dedication, serving as President of the Downey Employees' Association in 1960-61, member of the Credit Union for the past three years, and has given a great amount of time on the Employees' Retirement System. With the assistance of the Director of Finance, Robert Shand, the Mayor presented a Renewal License to the Downey Communicators. Mr. Shand explained that this club, sponsored by the City in conjunction with the Civil Defense Program, consists of many boys from Downey's high schools, as well as several college students, who operate with equipment provided by the City and maintained in the custody of the City. He expressed appreciation to Mr. Frank Griffin, Faculty Advisor of Warren High School, for the time he has devoted to seeing that these boys carry out their program. Mr. Frank Griffin expressed appreciation to the City and to the Department Heads who have worked with him. The following officers of the Downey Communicators were introduced: Frank McDonald, Secretary -Treasurer; Joe Ferris, President; and Mark Warren, President. Mayor Ferris commented on presentations made at City Council Meetings and said he is very proud to have such presentations to service clubs, citizens and members of the Staff appear on the City Council Agendas. Council Minutes 5/10/71 -1- Mayor Ferris declared this is the time Wood, dba Firelake Car Wash 11222 Lakewood Users Tax claimed by the City to be due, H Wood of the time of the hearing before the of the Ordinance, and place for the Hearing of Protest of Bob Blvd., Downey, on the amount of Utility e stated the City Clerk has notified Mr, Bob City Council in accordance with Section 6192 Mr, Bob Wood stated he was happy to join Mr, Ken Miller and other citizens in an effort to cause the City Council to reconsider and repeal the Utility Users Tax, He requested permission of the City Council for Mr. Miller to make the first part of his presentation and he will conclude his presentation to substantiate his contention that he does not owe the Utility Users Tax, Permission was granted, Mr. Kenneth Miller, 7336 Cleargrove Drive, Downey, commented regarding the Ordinance adopting the subject tax which he stated is in conflict with State Laws and, therefore, unlawful, City Attorney Royal M. Sorensen stated that this matter has been before the City Council previously and that he has advised the City Council that the City Council Meeting is not a proper forum for determining the legality or constitutionality of the Utility Users Tax. He stated the purpose of the hearing is to allow a person who has been assessed the tax to protest the amount of the tax claimed to be due and to present grounds for such protest, Mr. Wood stated he was a commercial user of City water and commented regarding the amount of water that he pays for and the base rate for water which he stated is higher than that of his competitor, Rainbow Car Wash. He spoke of the increase in taxes since he established his business. He said he was unable to bid on the City's contract for washing vehicles due to the high rate of water. During his presentation, Mayor Ferris requested on three occasions that Mr. Wood confine his statements to the amount of Utility Users Tax claimed to be due the City, Mr, Wood protested the deposit of $468.40 which he stated the City is holding. Mayor Ferris stated that deposit for water with the City is not the subject of the hearing, The Mayor declared a recess at 8:10 p.m. The meeting resumed at 8:15 p,m, with a roll call, all members of the City Council being present, The Mayor stated that Mr, Wood would be granted ten minutes to speak on any matters he so desired, and he cautioned the audience that any shouting or interruptions would be dealt with under the City Ordinance, Mr, Wood spoke on the matter of the rate he pays for water which he stated is 50% more than that of his competitor, resulting in an equally higher amount of taxes. He commented that this tax is not deductible and that if the 5% tax were added to the property tax rate, it would be more equitable and that could be deducted. Mr. Wood spoke further on the matter of the deposit being held by the City and stated that if he were a user of Park: Water that his deposit would have been refunded after one year. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to close the hearing of the protest of Mr, Bob Wood, dba Firelake Car Wash, It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to confirm the amount of delinquent payment due the City. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris declared this is the time and place for the public hearing on Appeal, Zone Exception Case #987, 9341 Firestone Blvd, He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmative, Mr, William Goggin, Director of Planning, reported that Zone Exception Case #987 concerns a request to establish, operate and maintain a cocktail lounge, serving liquor within 300 feet of a residential zone, in conjunction with a restaurant. He said the property is zoned "'P" across the front, the next portion is Cm1 and the rear portion which is parking is RW1-6000, He said the property is approximately 140 feet deep by Council Minutes 5/10/71 -2- 246 feet and the ownership is divided in two pieces, the west 37� feet being owned by the owner of the property on which the restaurant is located, the center 37� feet under separate ownership, although all of the property is used in conjunction with the restaurant, Mr. Goggin stated the Planning Commission held a public hearing on the matter on April 7th, it was taken under submission, and on April 21st the Planning Commission denied the case by a 3 to 2 vote, The Mayor inquired of the City Clerk if she had received any written communications relating to this matter, and she responded that the attorney for the appellant had submitted copies of his letter dated May 10, 1971 and exhibits which were distributed to the City Council, It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to receive and file the correspondence. The Mayor inquired if there was anyone present who wished to speak in favor of the matter. Mr. Robert Chamberlain, business address 8050 Florence Avenue, Downey, and residence 11738 Adenmoor, Downey, appeared 'before the City Council. He stated he had hoped to have his correspondence before the City Attorney for review prior to this meeting; however, because it was not timely, he said he would request the City Council to permit his counsel, Mr. William Byhower, to make a brief presentation, and based on that, take the matter under submission or continue the hearing until the next meeting, Mr. William Byhower, 6535 Wilshire Blvd., Los Angeles, appeared before the City Council, representing the appellant. He said the Woodruff Inn was the occupancy and a going business until September, 1970, when the IRS seized the assets. Within six months of the date of seizure, he said Mr. Chamberlain made application for a liquor License and it was their interpretation that the Code Sections which would apply would be 9120.9 or 9130.2. Mr. Byhower said he believed the building would be unsuitable for any other purpose; that if it was not developed for use as a restaurant and cocktail lounge facility that it - would stay vacated and become blighted. He said that Mr. Chamberlain is experienced in this 'business and he would not be an absentee owner. His plans are to develop a 75-foot parcel between the Woodruff Inn and the new Gibraltar Savings with a small office build- ing which would enhance the area and add to the tax rolls, subject to the Planning Commission and City Council approval, The four palm trees planted on the adjacent property in. 1872 would be maintained, He said the current mortgage holder has willed his residual interest in the note and trust deed to the Shrine Children's Hospital, and if the property were not used for the restaurant and cocktail lounge, the value of the property would be much less and would also result in a loss to the Children's Hospital, The Mayor inquired if there was anyone present who wished to speak in opposition to the matter, and there was no response, In response to questions by the City Attorney, Mr, Byhower stated that the restaurant and cocktail lounge on the property was in operation on September 18, 1970 at the time of the IRS seizure, and as of March 11, 1971, it was in a condition to be continued in operation for that use. Mr, William Goggin stated the Planning Commission was not concerned with the IRS, but with the ABC which controls the liquor License. In discussions with the ABC, they were advised the Liquor license was surrendered on September 18, 1970. Relating the chronological list of events, Mr. Byhower stated: On September 18, 1970 the IRS seized the liquor license; on October 6, 1970 the Woodruff Inn filed a petition for bankruptcy; on October 13, 1970 the IRS held a sale of the liquor license at public auction, A hearing date was set to hear whether they had the power and authority to sell the license. Prior to the sale, on November 7, 1970 Mr. Chamberlain made his first formal offer, On November 25, 1970, the hearing on the license issue was taken under submission by the Referee, and on December 28, 1970, the Referee ruled the trustee had the right, title, and interest to the Liquor license. On January 5, 1971, the property was released to the fee owner, and on March 7, 1971, the trustee sold the liquor license, On March 10, 1971, Mr, Chamberlain entered into escrow under the belief that he was within the six month requirement under Section 9120.9. He stated that at the point Council Minutes 5/10/71 -3- of entering into escrow, the Planning Department advised Mr. Chamberlain that an appli- cation for zone exception must be filed. He said the ABC would not issue the liquor license as they did not have a City business license. Following further discussion, Councilman Morton stated he would prefer to continue the hearing as it appears there is a legal question that has been presented and warrants study and advice of the City Attorney with a report back to the City Council. He stated there is a question as to whether Section 9120.9 applies, and if so, this matter should not have been presented in the manner that it was and vis-a-vis not up to the City Council to determine. He said there is a question as to whether the appellant has made a timely request for the opening of the business and the license within the six months as spelled out in the Ordinance, and the fact that the IRS stepped in on September 18, 1970 raises a specific legal question in addition to the ones presented at this meeting by argument. He quoted from the Ordinance, Section 9120.9(b), and stated there is a question as to whether the ceasing of operation was voluntary or involuntary. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that the hearing on Zone Exception Case #987 be continued to June 14, 1971 at 7-30 p.m, Mr. Byhower stated they would not object to attempting to meet the requirements of 9130�2 if the Council so holds, although they believe Section 9120.9 is applicable, He said the problem is they might well have precluded the ability to meet that code section by the procedures here. He asked that a Legal opinion on that matter also be rendered by the City Attorney, He stated that if the matter is treated as coming within Section 9130.2 and they are denied, then they are effectively denied the opportunity to make the application under 9130.2. City Attorney Sorensen advised that an application for zone exception was made, there was a hearing, the case was denied, and there is presently an appeal before the City Council for a zone exception. He stated if it is determined that no zone exception is required, then it obviously becomes moot. If, however, it is determined that the zone exception is required, then the appellant is properly before the City Council and may present such evidence as he may deem necessary, The Mayor called for a roll call vote on the motion to continue the hearing. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ---- ABSENT: 0 Councilmen: None The Mayor declared a recess at 8:50 p.m. The Meeting resumed at 9:10 p.m., with all Councilmen present, It was moved by Councilman Jennings and seconded by Mayor Ferris that Section 9120.9 added to the Downey Municipal Code by Ordinance No, 289 be rescinded and completely rewritten to properly reflect changing conditions in the City of Downey and to more properly provide the Planning Commission with the ability to make decisions based on individual circumstances, and that all cases presented and denied during the previous six months be reopened and reviewed by the Planning Commission at no cost to the appli- cant, and that this be done forthwith so that it may be presented at the next evening Council Meeting and the other Ordinance rescinded at the same time, City Attorney Sorensen stated that in order to amend the Zoning Ordinance, certain hearings are required. He said if the Council wishes to initiate such proceedings as suggested by Councilman Jennings, a motion to refer it to the Planning Commission for the purpose of holding a hearing and making its report and recommendation would be the proper procedure, Councilman Jennings stated the intent of his motion is to revise Section 9120.9 to more properly reflect the conditions in the City of Downey as they exist today. He commented that this section does not define the residential zone, that it could mean apartment zoning, R-3, or R-4. At the request of Councilman Morton, Councilman Jennings re -stated his motion as follows: "I move that Section 9120.9 added to the Municipal Code by Ordinance No. 289 be rescinded and completely re -written to properly reflect changing conditions in the City of Downey and to provide the Planning Commission with the ability to make decisions based on individual circumstances in each case." Council Minutes 5/10J71 -4- City Attorney Sorensen advised that an amendment to the Zoning Ordinance must be specific. He said the Council could refer the matter to the Planning Commission for the purpose of studying the matter with a recommendation to amend the Ordinance, Councilman Jennings withdrew his motion with the consent of the second. It was moved by Councilman Jennings that Section 9120,9 of the Zoning Ordinance be referred to the Planning Commission for further study, and when such study is resolved all cases within the last year be re -opened and re -heard without fee, Mayor Ferris pointed out that the matter could be referred for study and recommenda- tion to be retained as the same, in which case the second portion of the motion would be moot. He said he believed in order to get a favorable vote it would be in order to refer the matter back for study and pending report back, the City Council and Planning Commission could take appropriate action. It was moved by Councilman Jennings and seconded by Mayor Ferris that Section 9120.9 be taken under study by the Planning Commission for possible revision and recommendation back to the City Council, Clarifying the intent of the motion, Councilman Morton stated it is his under- standing that the motion is to refer the matter to the Planning Commission for study, evaluation, report, and recommendations back to the City Council, He stated the City Council is not in a position at this meeting to take action on any amendment without knowing its language. He said if that is the intent of the motion, it would be acceptable, The Mayor called for a roll call vote. 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 Hollis, and so ordered to approve the Minutes of the City Council Meeting of April 27, 1971. Communication from Mr, G. Poochigian, 5440 S. Adele Ave., Whittier, regarding Request to appear before City Council regarding traffic citation, Mr, George Poochigian, 5440 S. Adele Ave., Whittier, appeared before City Council and protested a traffic citation issued to him on March 3rd. He said he had meetings with the City Manager and Chief of Police because he felt he should not have received the citation, He stated there were several errors on the citation, he spent three days in Court, and the matter was dismissed, The City Manager stated it is not his function nor that of the Chief of Police to adjudicate such matters, He said after 'hearing Mr. Poochigian at some length and taking the matter to the Chief of Police and calling in the Officer, there were differences in the statements of Mr, Poochigian and the Officer, and it was felt the matter should go to Court, He said, regarding the statement that "the matter was thrown out of Court", it is his understanding that Mr. Poochigian asked for a change of venue from Downey to Los Angeles which was granted; he then asked for a jury trial and the matter was changed from one Court to another. In the meantime, the matter went beyond the 45-day Statute of Limitations for traffic citations, and the citation was never adjudicated as to its merits, Communication from City of Inglewood regarding Legislation re Quieter Aircraft. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to draft a resolution to reiterate Downey's stand to FAA on Legislation re Quieter Aircraft. Communication from City of Monterey Park enclosing Resolution re Legislation on Disaster Relief Funds. RESOLUTION NO. 2531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING STATE AND FEDERAL LEGISLATION TO PROVIDE ALL ENCOMPASSING AND ADEQUATE DISASTER RELIEF FUNDS The Resolution was read by title only. Council Minutes 5/10/71 -5- Councilman Morton requested that the word "hurricane" be included in the resolution. Councilman Jennings recommended the portion referring to financial assistance on a "non -repayable" basis be changed to read "repayable". 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, 2531 with amendments as noted. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City of Carson enclosing Resolution regarding Legislation re Elections Code Amendment, It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to take this matter under submission. Communication from Los Angeles Area Chamber of Commerce urging Regulations regarding construction in dangerous proximity to undeveloped fire hazard areas. Fire Chief Robert Gain stated that at one time the County Board of Supervisors passed an ordinance that all buildings be covered with fire -proof roofing. He stated he would have no objections to the request. On the recommendation of Councilman Winton and there being no objections, the Mayor stated he would direct a communication as recommended by the Los Angeles Area Chamber of Commerce, Communication from Los Angeles County Board of Supervisors regarding Notice of Hearing on De -Annexation of two small parcels to City of South Gate. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to receive and file. Communication from City of Irwindale regarding AB 313 and AB 520 which allows for annexations of areas within a city to another contiguous city without approval of that city. There being no objections, the matter was referred to the City Manager, City Manager Charles Thompson stated that many communications regarding legislation are received within three to four days of the scheduled hearings, He requested that the City Council authorize him to confer with the staff and the Mayor in these instances and to let Downey°s position be known without waiting for full Council approval. There being no objections, it was so ordered, Communication from Downey Community Hospital setting forth proposed rates for Daily Hospital Service Charges, It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to approve the request of Downey Community Hospital for proposed rate increase. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from Director of Public Works regarding Santa Ana Freeway Improvement. Mr, Jesus Garcia, in charge of Planning, Division of Highways, Los Angeles, showed - slides while explaining the addition of another lane southbound on the Santa Ana Freeway between Paramount Blvd, and the 605 Freeway, He said ramp control will be used which will regulate traffic entering the freeway to eliminate a bottleneck situation, Mr. Garcia and Mr. Heinz Heckeroth answered questions of the Councilmen regarding the proposed improvements. In answer to Mayor Ferris° statement regarding current standards on the Paramount Blvd. on -ramp, Mr. Garcia explained the new ramp to be built will have new standard acceleration lanes. He said he would submit a description in writing, Council Minutes 5/10/71 -6- REPORT OF LEGAL CLAIMS RECEIVED Ref. #018 - La Von I. Evans and Richard D. Evans, 10611 Horley Ave., Downey It was moved by Councilman Hollis and so ordered to receive and file. LEGAL CLAIMS FOR COUNCIL ACTION Ref, #007 - Louis F. Riesenhuber, 9602 Cecilia St., Downey It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to formally deny the claim of Louis F. Riesenhuber, 9602 Cecilia St., Downey. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Jennings commented regarding the number of pages being duplicated to provide the City Council with information on legal claims. He recommended the informa- tion be summarized and presented on one sheet. The Director of Finance replied that steps have been taken to provide such an information sheet to the City Council. RESOLUTION NO. 2532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR STREET PURPOSES ON PARAMOUNT BOULEVARD NORTH OF LEEDS STREET (12502 PARAMOUNT BOULEVARD)(S.S. PROJECT NO. 225) The Director of Public Works reported that this is the last of three properties to be acquired in this project, and when the subject right-of-way is acquired, they may be able to proceed with the street widening at this location. The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, 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. 2532. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Winton stated a request had been received from the UAW, Chrysler Division, for the adoption of the Resolution relating to foreign -made products. He read Section 1 of the Resolution as follows: "Section 1. That the City Council of the City of Downey urges the President of the United States and our United States Senators and Congressmen to: (1) Impose the same safety and smog requirements on foreign automobiles that are imposed on American -made automobiles; (2) To impose a fair tariff on all foreign imported products; and (3) Urge all American manufacturers to invest their capital in America and discontinue their practice of importing foreign products." Councilman Winton said it was his opinion that the UAW should also concern itself as a representative for the automobile manufacturing employees to try to contain their negotiations within reason so that the manufacturers are not forced out of the United States, He stated he believed there is a compatible relationship between the two matters; however, he would sponsor the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO IMPORTATION OF FOREIGN -MADE PRODUCTS The Resolution was read by title only. It was moved by Councilman Winton, seconded by Mayor Ferris, and so ordered to waive further reading. Council Minutes 5/10/71 -7- A It was moved by Councilman Winton and seconded by Mayor Ferris, to adopt the Resolution. AYES: 2 Councilmen: Winton, Ferris NOES: 3 Councilmen: Morton, Jennings, Hollis ABSENT: 0 Councilmen: None Councilman Morton, clarifying his "no" vote, stated he was in accord with the spirit of the resolution, but it would seem hypocritical to vote this time when most people continue to buy foreign -made products, such as clothing, transistors, and cameras. He said if the Council is to take any action it should come to grips with the total problem. He said he concurred with Councilman Winton's=ncomments regarding unions in negotiations keeping these guidelines in mind because if the economy and standard of living is forced higher and higher, it becomes difficult to sell American -made items. Councilman Winton stated he voted "aye" since he fostered the resolution and because the resolution urges the adoption of the same standards required on American automobiles, also that he believes a fair tariff on all foreign -made products should be levied, and that American manufacturers should be urged to invest their capital in America. Mayor Ferris stated he voted "aye" because, while none of the features were objectionable to him, he felt the imposition of the same standards and equitable tariffs were most desirable. Councilman Morton stated he would be in favor of the adoption of a resolution urging the imposition of the same safety standards and smog requirements on foreign -made automobiles as they are on American -made automobiles. In response to a question by Mayor Ferris regarding the statement in Section 1, Item (2), on "fair tariffs", Councilman Morton stated he was not sufficiently conversant on what the term means. He said he would be willing to consider Item (1) of the Section. The City Clerk was directed to delete Items (2) and (3) of Section 1. RESOLUTION NO. 2533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RELATING TO IMPORTATION OF FOREIGN -MADE PRODUCTS The amended Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2533, AYES: 3 Councilmen: Morton, Hollis, Ferris NOES: 2 Councilmen: Winton, Jennings ABSENT: 0 Councilmen: None Councilman Winton, clarifying his "Nd'vote, stated this was not the same Resolution he sponsored, RESOLUTION NO. 2534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING THE CALIFORNIA STATE LEGISLATURE FOR INCLUDING LOCAL REPRESENTATION ON WATER QUALITY CONTROL BOARDS AND URGING THAT THIS CONSTRUCTION ARRANGEMENT BE MAINTAINED The Resolution 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 Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No, 2534, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 5/10/71 -8- RESOLUTION NO. 2535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE 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. 2535. The City Manager reported that at the present time the preliminary application is being considered, and in order to receive consideration it must be by a resolution of the City Council. He said in the event the California Council on Criminal Justice should consider the City of Downey for a grant, the City Council at that time could review all of the recommendations of the grant and consider acceptance. Councilman Morton stated this matter involves a substantial amount of money, and he has no objections to voting for the motion provided it is understood that the matter will be brought back for final action. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-737 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. 36517 - 37017 -- $191,618.06 -- PAYROLL) 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-737. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-738 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. 14383 - 14535 -•- $97,231.75) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, 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. WS-738. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #274, Tree Removal at Various Locations The Director of Public Works, Ervin Spindel, answered questions of Councilman Jennings regarding the cost of tree removals, the number of trees involved, and stated the property owners have been notified. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to approve the specifications for Cash Contract #274, Tree Removal at Various Locations, and grant authority to advertise for bids. Countil Minutes 5/10/71 -9- 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 Hollis, and passed by the following vote to award Cash Contract #SS-246, Woodruff Avenue., Median Island Construction, to Imperial Paving Company, Inc. of Whittier, in the amount of the unit prices bid, the lowest and best bidder, and authorize the following transfer of funds: AMOUNT FROM TO $1,200. Gas Tax Surplus A/C #0616096 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 passed by the following vote to accept the improvements completed under Cash Contract #266, Palm Tree Cleaning at Various Locations, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Sidewalk Matching Funds In response to a question by Councilman Jennings, the Director of Public Works reported these matching funds are for commercial properties, Councilman Morton stated that initially Sidewalk Matching Funds were limited to residential areas; however, subsequent cases before the City Council included business and commercial properties, and approval of those cases set a precedent. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve Matching Funds for Sidewalk Construction at the following Locations: ESTIMATED M,F.NO. ADDRESS CITY COST 56 1140-7166 Firestone Blvd, $ 521,00 57 7117 Firestone Blvd. 324.00 Total Estimated City Cost $ 845.00 AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen- None It was moved by Mayor Ferris, seconded by Councilman Winton, and so ordered to refer the matter of Sidewalk Matching Funds to City Manager for staff report and recommendation back to Council on the Matching Fund Policy, and the matter of Matching Funds being approved on properties whose owners make application at a later date for zone exceptions. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve Paving Matching Funds Program at the following locations: P.M.F. No. ADDRESS EST, CITY COST 101 9102 Stoakes and 9102 Mel Dar (Vista Del Rio and Mel Dar Frontages) $ 750.00 102 7725 Yankey (Yankey and Horley Frontages) 1,350.00 103 7617 Brunache 102.00 Total Estimated City Cost $ 2,202.00 Council Minutes 5/10/71 -10- 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 authorize the Department of Public Works to proceed with Miscellaneous Special Lot Cleaning at an estimated cost of $1,975, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None 1970 Storm Drain Bond Issue Engineering Agreement The Director of Public Works reported the 1970 Storm Drain Bond Issue Engineering Agreement for consideration by the City Council involves the Storm Drain Bond Issue passed in the November 1970 Election. He reported the agreement is between the City of Downey and the Flood Control District for the engineering on four projects in the City of Downey for which the City is responsible for the preparation of plans. He said the agreement has been reviewed in many conferences by the League of California Cities Technical Committee and is considered equitable as far as the City of Downey is concerned. He recommended execution of the agreement. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to authorize the Mayor to sign the Engineering Agreement between the Los Angeles County Flood Control District and the City of Downey for the design of storm drains on the 1970 Storm Drain Bond Issue. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None REPORTS City Manager Charles Thompson reported on the Los Angeles County Grand Jury Ecology Committee's request for information regarding pollution problems in the City of Downey. He said two incidents occurred on C1eta Street and one on Stewart & Gray Road as a result of dumping of damgerous chemicals by faulty equipment or by accident. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to transmit this information to the Ecology Committee of the Los Angeles County Grand Jury. ORAL COMMUNICATIONS Mayor Ferris stated he had received a call from one of his constituents inquiring about the use of muratic acid to clean his pool. City Manager Charles Thompson stated he had received a similar letter which had been referred to the Director of Building & Safety. Councilman Winton reported on a letter addressed to the City Council regarding the Downey Community Hospital's handling of insurance matters. He gave as an example his own experience with the hospital on the processing of his insurance forms, which took approximately five months. He requested the City Manager be authorized to meet with the Hospital Administrator and other members of the City Council or the Hospital Authority to see if this problem can be solved. Councilman Winton commented on a Press Release from the Office of Governor Reagan which were statements by the Governor concerning a new policy on California's freeway system. He referred to a statement regarding involvement of local governments in the transportation corridor studies, assigning its own members to study teams. Councilman Winton stated this is not a new policy as Councilman Morton, when he was Mayor, did this several years ago. Councilman Winton also commented regarding the statement of the Governor that the planning process for a freeway would begin with a study as to whether a freeway is actually needed. Councilman Winton read a petition to the City Council which was left in his office signed by persons representing approximately 95 homes, as follows: "We, the undersigned, are adamantly opposed to the total separation and isolation of our homes from the City of Downey if the Ratliffe (Orange) route is accepted for the Route 105 Freeway. Council Minutes 5/10/71 -11- If the Downey City Council elects to sign a street closing agreement and allow the federally funded interstate freeway to come through this city, we demand that it be for the City -proposed route adjacent to Gardendale Avenue/Foster Road, and that our property be purchased at fair market value for that purpose." Councilman Winton stated he had only about 10 minutes to review this petition, but from reviewing the addresses of the petitioners, it appears they are from approximately the old cemetery line over to approximately Bellflower Boulevard and about the first 7 or 8 homes from Gardendale Avenue north, which would have been taken if the City°s proposed route had been accepted. The petition was filed with the City Clerk, In response to a question by Councilman Jennings, the City Attorney stated an ordinance can be repealed only by the adoption of a new ordinance, and the adoption of an ordinance requires two readings, introduction and adoption. To amend a zoning ordinance, the Code requires certain hearings be held prior to the action. Mayor Ferris reported that for the past two months there have been informal conver- sations between members of the City Council and the State Highway Division relative to a compromise route of the freeway offered to the City of Downey as an alternate. He said in these discussions and at one meeting, the State Highway Division proceeded to touch base with other key agencies within the City of Downey to determine whether the tentative offer made, if acceptable to the City of Downey, would be acceptable to other agencies. He said no formal action has been taken by the School Board. Mayor Ferris stated that while he has not changed his opinion if Downey has a freeway it should be on the Foster Road route, he would recommend asking the State Highway Division on a more formal basis to open discussions with the School Board relative to the route and its effects. He recommended also that the Division of Highways make a survey and report to the City on the social and economic aspects of their proposed route as well as the practicality of the project. He stated further that even though the City Council does not agree with the "Orange Route", the door should not be closed on the matter. Councilman Winton stated he would have no objections to the Division of Highways contacting other agencies and the citizens. He said the City has made a solid offer and he believed the matter of concern to all is that the City get behind this. He referred to the requirement for Federal funding that a freeway must connect interstate to inter- state, and that if the City of Hawthorne indicates they do not want the freeway, that Resolution No. 2193 should be reiterated, the City should unite with Hawthorne, and end the matter. Councilman Morton stated he had not discussed the matter with the Division of Highways, but he would have no objections to the proposed alternate route being submitted to the School Board formally for their opinion and possible action. He said it is his understanding that the proposed alternate route was the suggestion of the Division of Highways and based on that, he would be open to reviewing the matter providing (1) the State Highway Division stands ready to support its proposed alternate route, and (2) that the School Board advise the City Council that the proposed alternate route would be acceptable. Councilman Hollis stated he would Like to see action taken on the freeway. Councilman Jennings stated he had a very clear, definite picture of the freeway when the Foster Road-Gardendale Route was prepared and mailed to Sacramento and that his opinion has not changed. He said he believes the freeway should be either that route or nothing, Mr. Heinz Heckeroth, State Division of Highways, referred to the position taken by the School Board at the freeway hearing which, he stated, indicated that at least one school in the south part of the City was surplus. He said in the interest of preserving a portion of the Foster-Gardendale Route, that portion that begins at the Paramount City Limits, crossing over the Lakewood area, it is possible to consider a route suggested some time ago by Gruen & Associates in the Downey Impact Study. It would enter the City of Downey at the adopted line in the Paramount area, follow the Gardendale-Foster Route to Lakewood, extend easterly from Lakewood to a point where the Church of the Good Shepherd as well as the northerly playground of the Carpenter School would be required for freeway right-of-way, as across Clark Avenue, and then re -join the Ratliffe or the adopted route at Ardis, He said this route would mean a greater distance between the Ward School and the freeway, the same distance between the freeway and the Lewis School, and all the streets that were kept open on either the Gardendale-Foster line and the Council Minutes 5/10/71 -12- adopted line would remain open with the same service north and south. The freeway would continue to be depressed across the community. At Clark it would effect the saving of the apartment buildings between the North American property and the taking of the Church and the north part of the Carpenter School. Mr. Heckeroth stated this compromise route would require a public hearing on their part, and it affects new people in the City, the City of Bellflower, The Church of the Good Shepherd - both the church and the school, and it also affects the School District, and that he believed it would be necessary as it was in the Gardendale-Foster Route, that these four entities at least consider this a viable route and remain neutral with a regard to a choice between these, or actively support it. He said this route appears to be a design change, and the matter must be brought to the attention of the Highway Commission following the hearing and advise them of the change in alignment. Mr. Heckeroth answered questions of the City Councilmen regarding the compromise route. Councilman Winton spoke further regarding the position of the City Council as indicated at this and other meetings. He stated the Council should consider the addi- tional time that will be Lost even if it should develop that all parties concerned were in favor of the alternate proposed route. In response to a question by Mayor Ferris, Mr. Heckeroth stated that since the first of the year there was a new requirement placed on the State by the Federal Government for an environmental impact statement which must have a 90-day review prior to a public hearing. On the recommendation of Councilman Morton, the matter was referred to the School Board to obtain their views on the compromise route. In response to a question by Mr. W. G. O'Connell, 9054 Birdvale Drive, Downey, Councilman Winton stated he was not informed of the person who circulated the petition submitted at this meeting regarding the freeway matter. Mr. O'Connell stated it is his position that the School Board has no function within the business of the City Council and should not have been considered in the matter of the freeway. There being no further business to come before the City Council, the meeting was adjourned at 11:30 p.m. ELLEN C. DAVIS, CITY CLERK XJOSJPH G. FERRIS, Council Minutes 5/10/71 -13-