Loading...
HomeMy WebLinkAboutMinutes-07-27-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 27, 1971 TABLE OF M I NUT E A C T I O N S SUBJECT• Employee Five and Ten Year Awards Quarterly Zero Defects Awards Presentation by Auto Club of So. Cal. to City and Sgt. Al Soule, P.D., Pedestrian Safety Prgm. Presentation to Dir. Finance, R. Shand, and R. Griffin, Finance Dept. Appeal, Z.E. Case #987, 9341 Firestone Blvd. Weed Abatement Assessments Minutes, June 22, 1971 & July 12, 1971 Appeal, Z.E. Case #1000, parcel S/o On & Off Ramps of #605 and Santa Ana Freeways Legal Claims Received Ref. #025, E. W. Lane Legal Claims for Council Action Ref. #022, Mr. & Mrs. Michael Hayes for minor, Molly Ref. #021, Mrs. Gwenda Boyd for Michael -- Boyd, Jr., minor Resolution #2571 Apprvg. Execution of Coop. Agmt. with Calif. Div. Hwys. Providing for Alterations on City Streets in Conjunction with Proposed Ramp Metering on Santa Ana Freeway Resolution #WS-748 (B Warrants) Resolution #WS-749 ( Payroll) Resolution #2572 Apprvg. Suppl. Coop. Agmt. bet. City & State for Relocation of Little Lake Rd. Drainage Facil. & Aut. Mayor to Sign Agmt. CC #270, Little Lake Rd. Relocation - Plans & specs & authority to advertise CC #285, Myrtle St., Firestone to Third - Plans & specs & authority to advertise CC #SS-231, Unit 1, Seventh St., Paramount to Downey Tree Removals CC #278, Patton Rd. Award of contract CC #286, Unit 1, Misc. Repairs, Var. Locations - Award of contract CC #275, Slurry Seal, Various Locations - Citywide - Acceptance of improvements CC #280, Tweedy Lane, Bangle Rd. to + 300' S/o Botany St. - Acceptance of improvements & extra work Page 1 of 2 ACTION: PAGE NO. 1 1 1 L Approved continuance of operations without zone exception - case withdrawn 2 Affirmed 3 Approved 3 Hearing set for 8/9/71 3 No action 3 Denied 3 Denied 3 Adopted 4 Adopted 4 Adopted 5 Adopted 5 Approved 5 Approved 5 Taken under submission - Dir. Public Wks. to meet with property owners 6 Approved 7 Approved 7 Approved 7 Approved 7 Table of Minute Actions Council Minutes 7/27/71 SUBJECT: ACTION: PAGE NO. CC #SS-246, Woodruff Median Islands - Acceptance of improvements Approved 7 CC #SS-271, Paramount Blvd. Railroad Gates - Appropriation of funds Approved 7 CC #SS-252, Stewart & Gray Rd. Storm Drain - Plans & specs & authority to advertise Approved 7 CC #SS-265, Sidewalk Construction at NE Corner Lakewood & Gardendale - Transfer of funds Approved 8 Sidewalk Matching Funds, various locations Approved 8 Sidewalk Matching Funds, 9400 Florence Ave. Approved 9 Matching Funds for Paving Approved 9 Santa Ana Freeway, Proposed Widening - Authority to req. State Div. Hwys. to construct noise Approved - Citizens to be barrier advised of report on file 9 Special Lot Cleaning, 9526 Haledon Ave. - Auth. Dept. Public Works to proceed Approved 9 Z.E. Case #983, 10065 Newville Approved subject to conditions 9 Request for Block Party, Lesterford Ave. bet. Quinn & Muller Cable Television Agreements submitted by Downey Unified School District Ordinance Repealing Sec. 8200 thru 8276 DMC & Add. Sec. 8200 thru 8249 DMC, Relating to Uniform Building Code, 1970 Edition, Vol. I Ordinance Amending Sec. 8300 DMC, which adopts by Reference Housing Code Approved subject to terms & conditions previously established 10 Committee Appointment Taken under submission Introduced - Hearing set for 8/24/71 Introduced - Hearing set for 8/24/71 Ordinance Repealing Sec. 8400 thru 8406 DMC & Add. Sec. 8400 thru 8433 DMC, which adopt Introduced - Hearing & relate to National Electrical Code, 1968 Edition set for 8/24/71 Ordinance Repealing Sec. 8500 thru 8524 DMC & Add. Sec. 8500 thru 8521 DMC, which adopt & relate to Uniform Plumbing Code, 1970 Edition Ordinance Add. Chapter 7 Consisting of Sec. 8700 thru 8704, Art. VIII DMC, Uniform Mechanical Code Ordinance Add. Chapter 8 Consisting of Sec. 8800 Consisting of Sec. 8800 Art. VIII DMC which adopts Dangerous Buildings Code Ordinance Amending DMC Add. Chapter 9 Art. VIII Consisting of Sec. 8900 thru 8942 Relating to Rehabilitation of Buildings & Property Matching Funds, W/s 0ld Riv. School Rd. S/o Firestone Request, Sidewalk Repair, 11831 Patton Rd. Park & Rec. Comm.-Auth. to attend meetings Page 2 of 2 Introduced - Hearing set for 8/24/71 Introduced - Hearing set for 8/24/71 Introduced - Hearing set for 8/24/71 Introduced Motion of April 1970 rescinded Approved Approved 10 11 11 12 12 12 13 13 13 14 14 14 a MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 27, 1971 The City Council of the City of Downey held a regular meeting at 8:00 a.m., July 27, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Jennings, Hollis, Ferris ABSENT: Councilmen: Winton ALSO PRESENT: Charles W. Thompson, 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 Jim Ruth, Director of Parks & Recreation Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief William Fritsche, Assistant Director of Building & Safety H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend Wesley Anderson, Redeemer Covenant Church, delivered the invocation, followed by the Flag Salute led by Councilman Jennings. Mayor Ferris welcomed Mr. Dale Riggs, instructor at Gordon Griffith Junior High School, and students from his summer class in American Government, who are attending the Council Meeting as observers. With the assistance of Councilman Morton, Mayor Ferris presented five and ten-year awards to City employees and extended the appreciation of the City Council to the following for their service to the City: Five Year Award June Still, Civil Defense Earl Rucker, Fire Robert Curtis, Police Mark Allinson, Police James D. Ruth, Parks Thomas Fitzgerald, Downey Childrens Theatre Gerry Steward, Public Works Ten Year Award Chris Poloplus, Finance Francis Carter, Planning William Lund, Police Philip Adsit, Public Works Robert Chalmers, Public Works Congratulations were extended by City Manager Charles Thompson. With the assistance of the Director of Public Works Ervin Spindel, Mayor Ferris presented Quarterly Zero Defects Awards to Dorothy McDonald, Engineering Division, and Albert Edwards, Maintenance Services Division. Mr. Charles Davis, Regional Safety Consultant of the Automobile Club of Southern California, presented the City with a Special Citation for Pedestrian Improvement Program. A Special Citation was also presented to Sgt. Al Soule, Police Department, for his tremendous efforts in the Safety Program. With the assistance of City Manager Charles Thompson, Mayor Ferris presented Certificates of Completion to Robert L. Shand, Director of Finance, and Robert Griffin, Finance Department, for completion of a special study course in Employer -Employee Rela- tions at the University of Southern California. Mayor Ferris declared that this is the time and place for the public hearing on Appeal Zone Exception Case #987, 9341 Firestone Boulevard, which was continued from the regular meeting of July 12, 1971. He inquired of the City Clerk if she had received any further correspondence on the matter, and she replied she had not. William A. Goggin, Director of Planning, reported the request in this matter is for the operation of a restaurant serving alcoholic beverages within 300 feet of a residential zone. He said this zone exception was denied by the Planning Commission on April 21, 1971, and the decision of the Planning Commission was appealed to the City Council. He said at the City Council Meeting of July 12, 1971, the applicant requested a two -week extension. Council Minutes 7/27/71 -1- Mayor Ferris inquired if there was anyone present who wished to speak in favor to the matter. Mr. Robert Chamberlain, 11738 Adenmoor, the applicant, stated he had nothing further to say on the matter, that the facts have been presented in total. Mayor Ferris inquired if there was anyone else present who wished to speak in favor to the matter, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to close the hearing on Appeal, Zone Exception Case #987, 9341 Firestone Boulevard. Councilman Morton stated the crux of the matter is whether or not there was opera- tion of the establishment within the six-month period as defined in the Ordinance. He said if there was operation during the six-month period, then the zone exception does not apply and the applicant would be well within his rights to conduct a business and obtain a liquor license. He said in a letter from the ABC the order for the surrender of the liquor license was issued on September 2nd but the action was not completed until approximately September 18th, and in testimony at the Council Meeting of May 10th, it was stated that the restaurant and lounge was in operation on September 18th. Councilman Morton stated further that there is some ambiguity as to when the license was surrendered; however, it appears there is some evidence to support the contention that the business was in operation during the six-month period, and he said he would make a motion to that effect. The City Attorney stated if Council finds that the business actually was being operated effectively on September 18th or thereafter, and the applicant filed an applica- tion within the six months, and there was not a cessation of operation for six months, then the application for zone exception is moot, no action on it would be necessary, and the applicant could withdraw the appeal. Councilman Jennings stated that if, in fact, there is no zone exception, he would request the motion include that all fees paid by the applicant be refunded to him. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the — following vote that, based on what has been presented to the City Council in the matter of Appeal, Zone Exception Case #987, the City Council finds that the subject business was being operated effectively on September 18, 1970 or thereafter and, therefore, the application for liquor license was made within the six-month period; and further finds that there was not a cessation of operations for six months and, therefore, the right to continue exists under the Ordinance; and further, that, subject to the advice of Counsel, all fees paid by the appellant be refunded. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote that all fees paid by the appellant in Zone Exception Case #987 be refunded. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton The appeal was withdrawn by the appellant. Mayor Ferris declared that this is the time and place for the public hearing on Weed Abatement Assessments. He inquired of the City Clerk if she had the Affidavit of Publication, 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. The Mayor inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to close the hearing on Weed Abatement Assessments. Council Minutes 7/27/71 -2- It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to affirm Weed Abatement Assessments. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to approve the Minutes of the City Council Meetings of June 22, 1971 and July 12 1971. Communication from Dale Ingram, P. 0. Box 229, E1 Monte, consultant for Downey Joint Venture, requesting a Hearing on Appeal, Zone Exception Case #1000, parcel South of On and Off Ramps of #605 and Santa Ana Freeways. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1000, for 7:30 p.m. August 9, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Communication from County of Los Angeles Road Department enclosing Resolution of Board of Supervisors, Approving County Aid to Cities Funds. Ordered filed. Communication from City of Long Beach enclosing Resolution Supporting proposed Legislation re Criminal Justice System. Ordered filed. Communication from Chris S. Rellas, Attorney, 417 South Hill, Los Angeles, regarding Application of Park Water Co. for rate increase. Director of Public Works Ervin Spindel stated this latest increase is relatively minor and there is no increase in the minimum of Park Water. He distributed to the City Councilmen copies of a tabulation of comparison of water rates in the City of Downey, Park Water, and Southern California Water based on their latest rates in effect. In response to a question by Councilman Jennings, Mr. Spindel said the tabulation of comparison of rates does not include the requested increase which would not go into effect until next year. Mayor Ferris inquired if it was the desire of the City Council to instruct the Staff to pursue the same action on the Last application, namely, that they be required as Downey is, to construct a reservoir, and present this in conjunction with this application. Councilman Jennings stated he believed such an effort would be ineffective. The City Manager stated that in the last Finding of PUC, the request of Downey was not addressed, they took note of the filing and appearance but made no comment with reference to any finding with regard to the request. LEGAL CLAIMS RECEIVED Ref. #025, E. W. Lane, 12315 Millrace Ave., Lynwood, filed by Automobile Club of Southern California LEGAL CLAIMS FOR COUNCIL ACTION Ref. #022, Mr. and Mrs. Michael Hayes for minor, Molly, 10925 Pangborn, Downey Ref. #021, Mrs. Gwenda Boyd for Michael Boyd, Jr., minor, 9630 Quinn St., Downey It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to deny the legal claim of Mr. and Mrs. Michael Hayes for minor, Molly, 10925 Pangborn, Downey. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to deny the legal claim of Mrs. Gwenda Boyd for Michael Boyd, Jr., minor, 9630 Quinn St., Downey. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 7/27/71 -3- At the request of Councilman Jennings, the Resolution approving a Supplemental Cooperative Agreement between the City of Downey and the State of California for the Relocation of Little Lake Road and Drainage Facility was held for action until the matter of Cash Contract #270, Little Lake Road, was considered later at this meeting. Mayor Ferris stated the next item before the City Council is a resolution relating to the Santa Ana Freeway Ramp Metering Cooperative Agreement. The Director of Public Works stated that in the presentation by the Division of Highways, concerned with adding a lane to the Santa Ana Freeway southbound from Paramount Blvd, to the 605 Freeway, it was also their intention to control the entrance to the on - ramp at Paramount Blvd. southbound by the ramp metering system. If installed, he stated it would probably require some work on the City streets such as re -striping, signing and minor construction for which the State would pay the City any expenses incurred. He said the Cooperative Agreement is the legal means under which the State can pay the City for any expenses the City incurs on the City streets in conjunction with this ramp metering. In response to a question by Mayor Ferris, the Director of Public Works stated he did not see any advantage to making the continuous walls or sound barriers a condition of this contract, as this contract is to the City's benefit, and whether or not the State does build the sound barrier, the City would want to be paid for any work required to be done on the City streets. He said the execution of this agreement does not constitute approval of the State's plan. RESOLUTION NO. 2571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DIVISION OF HIGHWAYS PROVIDING FOR ALTERATIONS ON CITY STREETS IN CONJUNCTION WITH THE PROPOSED RAMP METERING ON SANTA ANA FREEWAY The 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. 2571, AYES. 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. WS-748 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. 15252 - 15379 -- $252,933.75) 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 Hollis, and passed by the following vote to adopt Resolution No. WS-748. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. WS-749 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. 39611 - 40122 -- $205,087.00 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. Council Minutes 7/27/71 -4- It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. WS-749. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mayor Ferris stated that Cash Contract #270 Little Lake Road, listed on the Agenda for Council's action at this time ties into the Resolution approving the Supplemental Agreement with the California Division of Highways for the Little Lake Road Relocation Project. The Director of Public Works reported that the plans for the relocation of Little Lake Road and the storm drains across the 24-acre park have been completed and the supplemental agreement is because of design changes which increase the quantities particularly as far as storm drain pipe is concerned, and also the width of sidewalks was increased in front of the park from four feet to five feet as it was felt more pedestrian traffic would be using them which, he stated, more or less compensated for the Cityos portion of the storm drain decrease. Mr. Spindel stated the construction the State is paying for the Little Lake Road relocation and the drainage work up to the Cityos storm drains will go for the first payment on the payment of surplus land in the park. In response to a question by Councilman Jennings, Mr. Spindel stated he could assure that the City would be getting as good a deal as it would if the State were paid cash for the first parcel, because the State is also paying the City 17% for engineering and administration. RESOLUTION NO. 2572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SUPPLEMENTAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF DOWNEY AND THE STATE OF CALIFORNIA FOR THE RELOCATION OF LITTLE LAKE ROAD AND DRAINAGE FACILITY, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2572. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #270 Little Lake Road Relocation, subject to final requirements of the Flood Control District. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #285, Myrtle Street, Firestone Blvd. to Third St, AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Cash Contract #SS-239. Unit 1. Seventh Street. Paramount Blvd TREE The Director of Public Works, Ervin Spindel, reported that the City is involved in the right-of-way acquisition on this project and in order to meet their scheduling, it is necessary to have some trees removed as the utilities cannot be moved back until the trees are removed. He said the majority of the trees on this street are Modesto Ash, which is a cousin to the more familiar Mexican Ash that causes the majority of the Council Minutes 7/27/71 -5- damage around the City. He said these trees are causing visual damage to the curbs and sidewalks and should be removed regardless of whether the street was to be widened. He said it is the intention of his department to relocate seven tall Washingtonian Palms on the street to the 24-acre Park; also there are several smaller Palm trees on the south side between Downey Avenue and La Reina which will be preserved and re -planted in front of the same buildings from which they will be removed. He said they will try to preserve every tree possible and that when the job is completed, it is the intention to plant new Palm trees similar to those that are presently on the street and are to be replaced. In reply to a question by Councilman Jennings, Mr, Spindel stated the existing street is 30 feet from curb to curb, and they are proposing to add ten feet, making 40 feet from curb to curb. They are proposing only to add two feet of right-of-way on each side to have a seven -foot parkway with a full parkway sidewalk. He said they are proposing to locate the trees in back of the sidewalk as opposed to adjacent to the curb. Mrs. Raymond Lecoq, 8061 Seventh Street, stated she had submitted a petition oppos- ing the removal of trees on Seventh Street and requested that Mrs. Blair be allowed to speak in behalf of the residents on the petition. Mrs. Joy Blair, who stated she owns apartments at 8205 Seventh Street, spoke in opposition to tree removals, saying the trees added much to the environment of the community. She also opposed the replacement of trees with small decorative trees which would not give the shade of the present trees. She said no one on the street wants Palm trees. She said the street widening would make it impossible to drive in on her driveway and lift the garage doors. In response to a request for comments from the Director of Public Works regarding the comments made by Mrs. Blair, Mr. Spindel stated that the planting of Palm trees is subject to change. He said the type of trees that would go in would necessarily be smaller as the giant trees are too large for the narrow parkway as exists there. He said the widening of Seventh Street is necessary as it has been found that a wider street properly controlled is safer than narrow streets. He said that as far as overall damage to the ecology, it would not be because twice as many trees are being planted throughout the City as are being taken out. Mr. Wright, owner of property on 8111 Seventh Street, spoke in opposition to tree removals. He said the trees are beneficial to the street. He stated the City is not trimming the trees properly, and he also opposed to the City taking two feet of his property. Mr. Truman Arnold, resident on Seventh Street, spoke in opposition to the widening of Seventh Street. He said he felt it was unnecessary as the street ends at Brookshire Avenue, In response to a question by Councilman Morton as to a traffic count on this street, the Director of Public Works stated there are 3,800 cars a day on the street now, much more than the average residential street. Mrs. Lecoq spoke in opposition to Palm trees because of the nesting of pigeons in those trees as well as the falling dates. She said the Palm branches dry up and that a Palm tree is a grass and the limbs dry faster than others and hang in the fall. She stated Palm trees are the worst offenders of raising the sidewalks. In response to a question by Councilman Morton, the Director of Public Works stated the reason for a seven -foot parkway is primarily because of the utility poles, which will be 18" behind the curb. It was moved by Councilman Morton and so ordered to take the matter of Cash Contract #SS-239, Unit 1, Seventh Street, Paramount Blvd. to Downey Avenue TREE REMOVALS, under submission. Mayor Ferris requested the Director of Public Works to set up a meeting with the property owners. The Mayor declared a recess at 9:15 a.m. The Meeting resumed at 9:30 a.m., with Councilmen Morton, Jennings, Hollis, Ferris present; Councilman Winton absent. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #278, Patton Road, in the amount of the unit prices bid, to Vernon L. Wright of La Mirada, the lowest and best bidder, and reject all other bids. Council Minutes 7/27/71 -6- AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Following a summation of bids, it was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #286, Unit 1, Miscellaneous Repairs, Various Locations, in the amount of the unit prices bid to Sully -Miller Contracting Company of Long Beach, the lowest and best bidder, and reject all other bids. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris _ NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed under Cash Contract #275, Slurry Seal, Various Locations - Citywide, and responsibility for maintenance thereof. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed under Cash Contract #280, Tweedy Lane, Bangle Road to ± 300 feet south of Botany Street, the responsibility for maintenance thereof, and approve extra work in the net amount of $460.85. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed under Cash Contract #SS-246,,Woodruff Median Islands, and the responsibility for maintenance thereof. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the appropriation of $4,415.70 from the 2106 Gas Tax Surplus Account for deposit into Account No. 16104 on Cash Contract #SS-171, Paramount Blvd. Railroad Gates. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the plans and specifications on Cash Contract #SS-252, Stewart and Gray Road Storm Drain, and grant authority to advertise for bids. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Cash Contract #SS-265 Sidewalk Construction at the Northeast Corner of Lakewood Boulevard and Gardendale Street. In response to a question by Councilman Jennings regarding the policy of sidewalks in front of commercial properties, the Director of Public Works reported that the policy on commercial sidewalks has been taken under submission and no action has been taken. He said this property is not commercial, it is another public agency, and that the City has been in negotiation for quite some time since there is a hazardous condition and a very expensive project. He stated discussions have been held with the County Road Department and Supervisor Bonelli°s office, and it was felt this was the best compromise that could be worked out. Councilman Morton stated that when the Matching Fund Program was started approxi- mately nine years ago, it was initially on the basis of sidewalks leading to schools. He asked if the schools paid for their own sidewalks, and Mr. Spindel stated they did. Council Minutes 7/27/71 -7- Mr. Spindel further stated that the ^tea Schools particularly concerned with " this hazardous condition. Mayor Ferris recommended approval of the subject project because of the hazardous condition. Councilman Jennings stated that he did not feel that a hazardous condition should be a criteria for the City constructing sidewalks in front of a commercial property. Councilman Morton requested a report back to the City Council as to exactly what the Cemetery District accomplishes and where the tax money goes, also who serves on the Board of Directors and how they are appointed. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the following transfer of funds on Cash Contract #SS-265, Sidewalk Construction at the Northeast Corner of Lakewood Boulevard and Gardendale Amount From To $8,000. 2106 Gas Tax Funds A/C #16124 AYES: 3 Councilmen: Morton, Hollis, Ferris NOES: 1 Councilmen: Jennings ABSENT: 1 Councilmen: Winton Sidewalk Matching Funds Responding to a question by Councilman Morton, the Director of Public Works stated he would check to see if M.F. #70, 9400 Florence Avenue, is commercial area. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve Sidewalk Matching Funds for sidewalk construction at the following Locations, excluding Item M.F. #70, 9400 Florence Avenue, which is to be brought back for Council action at a later date: Estimated M.F. No. Address City Cost 66 9215 Hasty Ave. $ 85.00 67 7964, 7966-68, 7970-72 Brookmill Rd. 240.00 68 7431 Quill Dr. 130.00 69 11040 Studebaker Rd. 73.00 Sub -Total $ 530.00 Right -of -Way -Exchange 478 8529 Eucalyptus St. 180.00 Total $ 710.00 AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton In response to a question by Councilman Jennings, the Director of Public Works stated a report had been submitted several meetings ago tiith regard to matching funds on commercial areas and it was taken under submission. He said at the present time the City does give matching funds to commercial areas, however, the Department of Public Works' recommendation was that this be changed. The Director of Public Works reported that 9400 Florence Avenue is R-1 property on which there is no zone exception. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve Matching Funds for sidewalk construction at the following location: Estimated M.F. No. Address City Cost 70 9400 Florence Ave. $ 290.00 Council Minutes 7/27/71 -8- AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to approve Matching Funds for Paving at the following location: Estimated P.M.F. No. Address City Cost 104 9120 Mel Dar Avenue $ 305.00 AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Santa Ana Freeway, Proposed Widening Mayor Ferris recommended the City request the State Highway Division to construct a Noise Barrier Wall throughout the entire Santa Ana Freeway Widening project. Councilman Morton concurred with the recommendation of Mayor Ferris that the State Division of Highways be requested to construct a Noise Barrier Wall throughout the entire Santa Ana Freeway Widening project, and further that the citizens in Districts 44 and #4 be advised that there is a report on the Santa Ana Freeway Widening on file for their, review. William Fritsche, Assistant Director of Building & Safety, reported on Special Lot Cleaning, 9526 Haledcn Avenue, and he stated there have been numerous problems regarding this property the past few years. He said the property has been cleaned once by the owner and once by the Public Works Department. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to authorize the Department of Public Works to proceed with Special Lot Cleaning, 9526 Haledon Avenue. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Report of Planning Commission, Zone Exception Case #983, 10065 Newville. William Coggin, Director of Planning, said the request for zone exception was denied by the Planning Commission and the case was appealed to the City Council. He said the City Council expressed a desire to approve the case subject to the conditions in a previous zone exception case (#922), and referred the matter back to the Planning Commission for review and report. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to re -affirm the decision of the City Council at the Meeting of July 12, 1971, approving Zone Exception Case #983 subject to the same terms and conditions as set forth in the approval of Zone Exception Case #922 on the same matter. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton The Director of Planning requested a period of time be set in which the remodeling is to be completed on Zone Exception Case #983, 10065 Newville. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that the remodeling be completed by the applicant within one year on Zone Exception Case #983, 10065 Newville. AYES: 4 Councilmen: Morton, NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton (Motion rescinded. See Page 10.) Jennings, Hollis, Ferris Council Minutes 7/27/71 -9- Request for Block Party, Lesterford Avenue between Quinn and Muller. Councilman Morton stated a previous request had been granted in Councilman Winton's District, and he requested the same conditions be applied to an approval of this request as were required in that case. Mrs. Sheri Rich, 10607 Lesterford, said the block party will include a pot luck dinner with beer served as refreshment. She stated children will also be in attendance and that there would be no drinking on public streets. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by _ the following vote to approve the Request for Block Party, Lesterford Avenue between Quinn and Muller, subject to terms and conditions established heretofore with block parties. Auy,+sl 2119v1 {turn M 4-0 L'paa.m �C AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Zone Exception Case #983 Councilman Morton stated he had discussed the matter of the required date of comple- tion in this case with the Director of Planning and that due to some complaints received from residents in this area, he would rescind his motion regarding date of completion. It was moved by Councilman Morton and seconded by Councilman Jennings to rescind the previous motion regarding date of completion of alterations allowed under Zone Exception Case #983. The City Attorney stated City Council would be conditioning the zone exception upon alteration and completed within six months, and if the applicant does not comply, the zone exception would not be effective. The Director of Planning reported the applicant indicated he could not live with the conditions, inasmuch as it meant he would have to move his business out of the garage and into the house. The Mayor called for a roll call vote: AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that the construction permitted under Zone Exception Case #983 be commenced and completed within six months from this date. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen; None ABSENT: 1 Councilmen: Winton CITY MANAGER'S REPORT City Manager Charles Thompson reported on Cable Television, also known as Community Antenna Television and CATV. Councilman Morton requested two Councilmen be designated to serve on a committee in conjunction with the City Attorney and the City Manager for the purpose of drafting an ordinance. He requested that he be selected as one of the Councilmen. There being no objections, Councilmen Morton and Hollis were appointed to serve on a committee for the purpose of studying the matter and drafting an ordinance regulating Cable Television. Councilman Jennings stated he had requested the preparation of two ordinances, and he expressed a desire that these two ordinances be completed first. Councilman Morton said a request had been made for a consumer problems ordinance and an ordinance on signs, also on condominiums. City Manager Thompson reported on Agreements submitted by the Downey Unified School District for information purposes. He said one Agreement provides for lease of the Council Minutes 7/27/71 -10- Heliport to the Downey Unified School District for use as a continuation high school, with the provision that the City could take the property back at any time. Mr. Thompson stated the other Agreement provides for school property being leased to the City for use as a public parking lot. Following discussion by the City Council, it was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to take the Agreements submitted by the Downey Unified School District under submission for further study. Councilman Jennings requested that the record show he feels the $50,000. would be much better spent in purchasing the balance of the parking lot owned by the All American Home Center. ORAL COMMUNICATIONS Mayor Ferris referred to the memorandum from the City Clerk setting forth the recommendations of the City Attorney and Building Department for schedule of actions to be taken by the City Council in order that the Building Code Ordinances may become effective in September. The City Manager reported that the City is attempting to meet a particular deadline with reference to the passage of a new State Statute which requires that after a certain date, City Codes must have certain uniformity, and would require adoption in September. He stated that in view of the legal requirements for advertising, proceedings should be started at this time. The City Attorney advised that after the first reading of each of the Ordinances, there must be a hearing set, and following the hearing, the Ordinancesmay be given a second reading and adoption. He stated it requires 15 days in between Publication of Notice of Hearing and the Hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 8200 THROUGH 8276 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 8200 THROUGH 8249 TO THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS ADOPT AND RELATE TO THE UNIFORM BUILDING CODE, 1970 EDITION, VOLUME I The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance relating to Uniform Building Code, 1970 Edition, Volume I, be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8300 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION ADOPTS BY REFERENCE THE HOUSING CODE The Ordinance 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 introduce the Ordinance. Council Minutes 7/27/71 -11- AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance which adopts by reference the Housing Code be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 8400 THROUGH 8406 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 8400 THROUGH 8433 TO THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS ADOPT AND RELATE TO THE NATIONAL ELECTRICAL CODE, 1968 EDITION The Ordinance 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 introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance relating to the National Electrical Code, 1968 Edition, be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING SECTIONS 8500 THROUGH 8524 OF THE DOWNEY MUNICIPAL CODE AND ADDING SECTIONS 8500 THROUGH 8521 TO THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS ADOPT AND RELATE TO THE UNIFORM PLUMBING CODE, 1970 EDITION The Ordinance 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 introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance relating to the Uniform Plumbing Code, 1970 Edition, be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey -', City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 7/27/71 -12- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 7 CONSISTING OF SECTIONS 8700 THROUGH 8704 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, SAID SECTIONS ADOPT BY REFERENCE THE UNIFORM MECHANICAL CODE The Ordinance 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 introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance adopting by reference the Uniform Mechanical Code be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 8 CONSISTING OF SECTION 8800 TO ARTICLE VIII OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION ADOPTS BY REFERENCE THE DANGEROUS BUILDINGS CODE The Ordinance 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 introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that a public hearing on Ordinance adopting by reference the Dangerous Buildings Code be set for 8:00 a.m., August 24, 1971, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING CHAPTER 9 TO ARTICLE VIII CONSISTING OF SECTIONS 8900 THROUGH 8942 RELATING TO THE REHABILITATION OF BUILDINGS AND PROPERTY The Ordinance was read by title only. It was moved by Councilman Hollis, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Hollis, seconded by Councilman Morton, and passed by the following vote to introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 7/27/71 -13- The Director of Public Works reported that in April of 1970 Matching Funds were approved for the sidewalks on the West side of Old River School Road south of Firestone. They were offered as an inducement to get the property owner to put in curbs and gutters. Since this has not been taken advantage of, he recommended Matching Funds be rescinded on that property. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to rescind Sidewalk Matching Funds on property on the West side, Old River School Road south of Firestone. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mrs. Peterson, 11831 Patton Road, appeared before the City Council and reported regarding a water meter problem, wherein there was inadequate pressure from the meter to her house. She stated she had been advised that her husband could replace the pipe, and when this was done the concrete was damaged. She stated she did not believe that they should pay the $32.00 for the repair to the sidewalk inasmuch as she was not advised sufficiently of the condition of the existing pipe and of the requirements for building permits, and other procedures. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote that the City cause the sidewalk at 11831 Patton Road to be repaired in the course of business and not at the owner's expense. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Councilman Morton commented regarding apartments and traffic on Seventh Street. He stated he believed that this pointed up the effect of apartment construction in areas where traffic patterns need to be considered. He stated he believed the City Council should keep those problems in mind when they permit apartments to be constructed in areas already highly populated and congested. Referring to Mrs. Peterson's problem regarding the sidewalk repair, Councilman Jennings stated he felt the Department of Public Works and Building Department should not be criticized for advising Mrs. Peterson that the pipe was not imbedded in the con- crete when their records indicated that it was not. He stated there could have been some errors in construction. Councilman Jennings said there is evidently some lack of communication as to what a citizen does to obtain a permit and when a permit is necessary. He stated he believed that when someone comes to the City Hall such as Mrs. Peterson who does not know the proper procedures, she should be "led by the hand" until all of the procedures required are completed. It was moved by Councilman Hollis, seconded by Councilman Morton, and passed by the following vote that subject to availability of funds, each member of the Parks and Recreation Commission be allowed to attend at least one meetine of their choice each year within the State relating to Parks and Recreation, with reasonable expenses allowed, with the requirement that they bring back a report to the City Council and the Commission. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton There being no further business to come before the City Council, the Meeting was adjourned at 10:45 a.m. ELLEN C. DAVIS, CITY CLERK Council Minutes 7/27/71 -14-