HomeMy WebLinkAboutMinutes-10-11-71-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 11, 1971
T A B L E O F M I N U T E A C T I O N S
SUBJECT:
Appeal, Z.E. Case #1013, 7221-7317 Florence Ave
Resolution #2597, Ordering Annexation to City
Lighting District (Annexation 71 Area 28)
Appeal, Z.E. Case #1014, YMCA, 11531 Downey Ave.
Minutes, Special Meeting August 18, 1971
FITWO IN
Denied
Adopted
PAGE NO.
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3
Indicated intent to approve;
referred to Planning Commission
Approved as corrected
Minutes: Regular Meetings August 24, 1971,
September 13, 1971; Freeway Hearing
September 23, 1971; Regular Meeting September 28,
1971 Approved
105 (Century -Norwalk) Freeway Agreement and
Performance Agreement
Establishment of Citizens Complaint and
Alliance Committee
Establishment of 105 Freeway Commission
D.I.P. #619, Sidewalks, 7540 Quinn St.,
Wiley -Burke Ave. Frontage - Chapter 27 Proceedings
Communication from Mayor re Helicopter Program
Approved; Mayor authorized
to sign
Disapproved
Approved
Approved
Received and filed
Ordinance Amending Sec. 6226, 6227.1, 6235, 6239,
6241, 6242, 6246, 6247, 6248.1, 6250, 6253, 6254,
6255, 6256, 6257, 6258, 6259, 626-1`, 6266, Adding
Sec. 6267, Repealing Sec. 6229, 6230, 6237, 6248,
6259.1, 6260, 6262, 6263 d 6265, Chapter 2,
Art. VI, DMC, Relating to Business Licenses Introduced as modified
Emergency Employment Act - Authorization to
continue Program
Communication from Union Oil Co. of Calif.
requesting permission to conduct Vibroseis
Geophysical Survey
Communication from Downey Chamber of Commerce
subm. Report for Quarter ended 9/30/71
Legal Claims:
#0289 Phyllis D. Kelso, 7140 Nada St., Downey
Ordinance Amending Sec. 2503.2, Chapter 5,
Art. II, DMC, Relating to Equipment Replacement
Fund
Resolution 4WS-758 (Payroll)
Resolution #WS-759 (B Warrants)
CC #SS-23R, Seventh St., Paramount to Downey
CC #288, Muller St., Lakewood to Shellyfield -
Award of contract
CC #SS-23`l, Downey Ave. Railroad Safety Gates -
Suppl. Agmt. with So. Pacific Railroad Company
Page 1 of 2
Disapproved
Received and filed
Received and filed;
approved request for funds
Denied, referred to Carrier
Introduced as amended
Adopted
Adopted
Carried over to 11/8/71
Approved
Approved
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Table of Minute Actions
Council Minutes 10/11/71
SUBJECT:
Imperial Highway Depression, Rancho Los Amigos
Hospital - Plans & specifications
Request from Russell's Bike Shop to waive
parking requirements
ACTION:
Approved
Referred to City Attorney
for review and report
Resolution Endorsing in Principle the "Rio Hondo/
Los Angeles Rivers Beautification/Recreation
Report", recommending Bd. Supervisors of County
include Area Encompassed by Report in County's
Recreation & Open Space Program for Development Referred to City Attorney
at Earliest Possible Time for review and report
Request for Expansion of Pro Shop, Rio Hondo Authorize City Attorney to
Golf Course prepare Addendum to Lease Agmt
Proposed Architectural Agreement - 24 Acre Park Taken under submission
Request for transfer of funds for construction
of Rest Room & Snack Bar Facilities - Golden Park Approved
License Agreement with So. Calif. Edison Co. -
24 Acre Park Approved as modified
Request for Funding, Helicopter Program City not to continue with
request
Comments of Councilman Morton re #105 Freeway
Agreement decision No action
Comments of Councilman Winton re #105 Freeway
Agreement decision No action
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 11, 1971
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
October 11, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris
presiding.
PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris
ABSENT: Councilmen: None
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Public Works
Robert L. Shand, Director of Finance
William A. Goggin, Director of Planning
James D. Ruth, Director of Parks & Recreation
Loren D. Morgan, Police Chief
Robert W. Gain, Fire Chief
William Fritsche, Assistant Director of Building d Safety
H. J. Henriksen, City Engineer
Ellen C. Davis, City Clerk
Judy McDonnell, Executive Secretary
Dr. Marvin Jackson, Grace Baptist Church, delivered the invocation, followed by the
Flag Salute led by Councilman Winton.
With the assistance of Police Chief Morgan, Mayor Ferris presented a special commenda-
tion to Mrs. Charles Youde, President of the Downey Junior Women's Club, for the Club's
voluntary services to the Police Department and its support to the community.
Mr. Eldon Osborn, representing the Pasadena Tournament of Roses, presented to the
City Council a color photograph of Downey's entry in the 82nd annual Tournament of Roses
Parade held January 1, 1971, in which Downey's entry won third place in its class.
Mayor Ferris reported he had recently returned from a trip to Downey's Sister City,
Guadalajara, Mexico, to assist in the celebration of their Independence Day. He said
while he was there he had the privilege of escorting Rhona Weinberg, Miss Downey of 1971,
and her chaperone, Mrs. Wanda Dunnum. Mayor Ferris presented a certificate to Miss
Weinberg and Mrs. Dunnum for the fine manner in which they represented the City of Downey.
Mayor Ferris reported on the retirement of Mr. Charles D. Woodworth of the Personnel
Advisory Board. He said Mr. Woodworth has served with distinction in representing
District #2. With the assistance of Councilman Jennings, Mayor Ferris presented a certi-
ficate to Mr. Woodworth.
Councilman Jennings said Mr. Charles D. Woodworth has served on the Personnel
Advisory Board from June 8, 1957 to August 25, 1971. He said Mr. Woodworth has carried
the Board through some very difficult times.
Mrs. Leona Aldridge, President of the Downey -Guadalajara Sister City Association,
presented to the City Council a color portrait of Ava Hernandez, the 1971 Queen of
Guadalajara, to be placed in the Guadalajara Room.
Mayor Ferris stated it was his first trip to Guadalajara, and he appreciates the
warm relationship that exists between the two Cities. He said the Sister City Associa-
tion has done a fine job this year.
Councilman Hollis offered his thanks to Mr. and Mrs. Charles D. Woodworth for their
service to the City of Downey.
Mayor Ferris declared that this is the time and place for the public hearing on
Appeal, Zone Exception Case #1013, 7221-7317 Florence Avenue, which was continued from
the regular meeting of September 13, 1971.
Director of Planning William Goggin reported the request is to establish and maintain
a two-story, 96-unit apartment dwelling with off-street parking for 192 automobiles, a
two -level parking structure at the rear of the lot, modification of building setbacks, and
recreation facilities on adjacent property zoned R-1. He said the Planning Commission
Council Minutes 10/11/71 -1-
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approved the case subject to certain conditions, and the applicant is appealing some of
the conditions,
Mayor Ferris inquired of the City Clerk if she had received any correspondence on
the matter, and she replied she had not.
Mayor Ferris inquired if there was anyone present who wished to speak in favor of
the matter.
Mr. William Brining, 9063 E. Florence Avenue, Downey, spoke in favor of the zone
exception. In regard to the two -level parking structure, he said, it is their desire to
put in a 12 to 12� foot wall. Mr. Brining stated there seems to be no objection to this
wall by the owners of the adjacent property at 7304 Dinsdale. He distributed to the
City Council photographs of properties in Downey showing 15 foot parking structure walls,
10 feet between the buildings, and five foot yard setbacks. Mr. Brining objected to the
requirement of 20 feet between buildings, which he said is twice as much as the Code
requires. He said the setback between the buildings is 10 to 20 feet throughout the
complex. He referred to other apartment buildings in the City located at 9070 and 9063
Florence Avenue, Paramount and Farm, and the Edon Roc Apartments.
Mr. John Moeller, 7300 Dinsdale, said he Lives behind the property and no longer
objects to the construction of apartment buildings on the property, providing the wall
is no higher than 12 to 12� feet.
Mayor Ferris inquired if there was anyone else present who wished to speak in favor
of 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.
In response to comments by Mr. Brining, Mr. Goggin explained it is no longer felt
that the minimum Code requirements are correct, and that is why they are requiring
greater distances between buildings, He said the minimum requirements placed on the
parking wall are for the protection of the adjacent property owners.
In regard to the parking wall, Mr. Brining said it will contain a 42 inch railing.
He said he does not feel that anyone parking their automobile in the apartment lot could
see down to the residential properties. Mr. Brining requested that he be granted the
10 foot setbacks between buildings.
Mr. Moeller stated he had no objections to a 42 inch railing, however, he would
prefer four feet.
In response to a question by Mr. Goggin, Mr. Brining said the four foot railing
would be a four foot masonry wall.
It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to
close the hearing on Appeal, Zone Exception Case #1013, 7221-7317 Florence Avenue.
Director of Planning Goggin replied to questions of the Mayor and City Council.
It was moved by Mayor Ferris, seconded by Councilman Winton, and passed by the
following vote to uphold the decision of the Planning Commission in Zone Exception Case
#1013.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Ferris declared that this is the time and place for the public hearing on
Downey City Lighting District Annexation 71/23 - Eglise Avenue. He inquired of the City
Clerk if she had the Affidavit of Posting Notice and Affidavit of Publication, to which
she responded in the affirmative.
It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered
to receive and file the Affidavits.
Mayor Ferris inquired of the City Clerk if she had received any written protests,
and she replied she had not.
Mayor Ferris inquired if there was anyone present who wished to speak in protest to
the matter, and there was no response.
Council Minutes 10/11/71 -2-
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It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered
to close the hearing on Downey City Lighting District Annexation 71/23 - Eglise Avenue.
RESOLUTION NO. 2597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY
LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL
CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL
JANUARY 31, 1983 (ANNEXATION 71 AREA 28)
The Resolution was read by title only. It was moved by Councilman Jennings,
seconded by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by
the following vote to adopt Resolution No. 2597.
AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Ferris stated the next item on the Agenda is the public hearing on Zone
Exception Case #1014, Y.M.C.A., 11531 Downey Avenue. He said that inasmuch as he is a
member of the Board of Managers of the Downey Y.M.C.A. he wished to be excused from
the hearing.
Councilman Morton stated he is also a member of the Board of Managers of the Downey
Y.M.C.A., and he also wished to be excused from the hearing.
Mayor Pro Tem Winton declared that this is the time and place for the public hearing
on Appeal, Zone Exception Case #1014, Y.M.C.A., 11531 Downey Avenue. He inquired of the
City Clerk if she had the Affidavit of Publication, to which she responded in the
affirmative.
Director of Planning William Goggin reported the request is for a 87 square foot
sign to be located in the front portion of the front yard setback. He said at the
Planning Commission hearing the Commission approved a 20 foot sign. He said the Y.M.C.A.
appealed the decision and the case was brought to the City Council for appeal. He said
prior to that time discussions were held between the Y.M.C.A. and the Planning Department,
and it was felt that a solution had been reached. He said at the hearing the matter was
referred to the Planning Commission for review. Mr. Goggin stated, after review and
report, the Commission recommended denial of the appeal and a request to uphold the
Commission's decision for the 20 square foot sign.
In response to a question by Councilman Jennings, Director of Planning Goggin
stated the Planning Department discussed the matter with the Y.M.C.A. and a solution was
reached. When the solution was submitted to the Planning Commission for consideration,
the Commission turned it down.
Mayor Pro Tem Winton inquired of the City Clerk if she had received any correspond-
ence on the matter, and she replied she had not.
Mayor Pro Tem Winton inquired if there was anyone present who wished to speak in
favor of the matter.
Mr. Willis Hanes, Architect, 8050 Florence Avenue, representing the Downey Y.M.C.A.,
said the sign they wish to install was donated to the Y.M.C.A., it is approximately
48 square feet in area, and they wish to install it in the setback area to aid in
advertising various youth activities. He said the existing sign is 6' wide by 513" in
height. He said the original proposal involved placing the existing sign on top of the
proposed marquis, making a total of 78 square feet, and this request was denied by the
Planning Commission. He said on July 21st the Planning Commission approved an interior
lighted single -faced wall sign of 20 square feet, not more than 12 feet above grade to
the top of the sign, which he said would not be as effective as a double-faced sign and
would require revamping costs. Mr. Hanes said the latest proposal met with the approval
of the Planning Department but was denied by the Planning Commission.
Mayor Pro Tem Winton inquired if there was anyone else present who wished to speak
in favor of the matter, and there was no response. He inquired if there was anyone pre-
sent who wished to speak in opposition, and there was no response.
Council Minutes 10/11/71 -3-
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It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to close the hearing on Appeal, Zone Exception Case #1014.
AYES: 3 Councilmen: Winton, Jennings, Hollis
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Morton, Ferris
In response to a question by Councilman Jennings, Mr. Goggin stated the largest
sign in the vicinity of the Y.M.C.A, is at Stewart and Gray Road And is a Shell Service
Station sign 84 square feet, with the other service stations having approximately 60
square foot signs.
It was moved by Councilman Jennings to approve the request for the 50 square foot
sign. No second.
City Attorney Sorensen stated under the Code if there is an appeal from the
Commission to the City Council, the City Council does have the jurisdiction to either
approve, deny, or modify the action of the Commission, but before the City Council can
take a final action contrary to that of the Planning Commission, it must go back for a
report.
It was moved by Councilman Jennings and seconded by Councilman Hollis to approve
the sign requested by the applicant.
Councilman Jennings withdrew his previous motion and made a motion to take no
action on the matter until it has been presented in a proper manner. Motion died for
lack of a second.
It was moved by Mayor Pro Tem Winton, seconded by Councilman Hollis, and passed by
the following vote to indicate to the Planning Commission that it is the intent of the
City Council to approve the requested sign modification in Zone Exception Case #1014
with the elimination of Condition #2 relating to type and size of sign, and that the
matter be referred back to the Planning Commission for review and report.
AYES: 3 Councilmen: Winton, Jennings, Hollis
NOES: 0 Councilmen: None
ABSENT: 2 Councilmen: Morton, Ferris
Mayor Ferris and Councilman Morton returned to the meeting.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered
to approve the Minutes of the Special City Council Meeting of August 18, 1971.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered
to approve the Minutes of the City Council Meeting of August 24, 1971.
City* Manager Charles Thompson stated he was not present at the Special City Council
Meeting of August 18, 1971 and requested the Minutes be corrected.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered
to correct the Minutes of the Special City Council Meeting of August 18, 1971.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered
to approve the Minutes of the City Council Meeting of September 13, 1971.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered
to approve the Minutes of the Freeway Hearing of September 23, 1971.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered
to approve the Minutes of the City Council Meeting of September 28, 1971.
105 (Century -Norwalk) Freeway Agreement and Performance Agreement
Councilman Winton stated he has completed a 13-year overview of the Century -Norwalk,
Route 42/Route 105 Interstate Freeway in the City of Downey to date. He offered the
following final analysis for consideration of the City Council prior to a vote on the
Street Closing Agreement:
Council Minutes 10/11/71 -4-
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"1. From April 1958 until March 13, 1967, a total of nine years, District
No. 1, through which the freeway passes, was represented by one vote,
a vote on June 25, 1963, against the freeway by the late Honorable
Mayor Stephen G. Skinner.
2. That Resolution No. 231, April 28, 1958, to include the Century Freeway
through the City of Downey was recommended by one man, the former City
Manager.
3. That from 1958 to February 1967 not one announced specific Public
Hearing was conducted by the City or State to solicit citizen opinion
relative to those in favor of or opposed to the 105 Freeway.
4. That inclusion of this freeway through the City was based on resolutions
passed by local agencies and organizations which, as you know, stated no
public or private structures will be displaced in spite of the fact that
800-900 private structures will be displaced.
5. That the Governor's appointed committee which authorized the inclusion
of Interstate 105 through Downey on the State General Plan of Highways
and Freeways, did in the fore page of the Quadrinal Review, acknowledge.
in writing that they had no definitive guidelines to use to determine if
a freeway should be included or deleted, and they were simply going on
resolutions such as I just mentioned.
6. That neither the State Senate or Assembly had a Committee to receive and
review this Quadrinal Review and that it was passed with a Floor vote
without being reviewed by our elected State representatives.
7. That the State Division of Highways has presented for Federal aid and
approval the plan for this freeway without regard for the Federal Trans
Act which states "The Federal Secretary of Transportation cannot approve
any plans or specs of any project until a signed agreement is reached
with all local officials of all local agencies in which the project is
to be constructed.
8. That the Gruen Report clearly indicates a significant increase of traffic
flow on major north -south streets within the City after the freeway is
completed, and would do little to relieve east -west congestion. If we
approve the increased north -south traffic flow we will supply the
needed requirements for the Division of Highways to request a future
north -south freeway through the center of Downey, a request that very
well may be supported by larger cities than we, and which, as in the
case of the 105, may slide by without complete review of those in State
representation?
9. That the criteria for construction of the 105 Freeway established in
1958 has been diminished by the terminus of the 105 Freeway at the 603
and could be completely eliminated by the Artesia Freeway two and
one-half miles south, if the Division of Highways would quit sequester-
ing State funds from it in an attempt to secure Federal funding for
the 105.
10. That as of this date, all those on record in favor of the 105 Freeway
through Downey are those that: (1) Maintain their homes in another
city. (2) Live in a section of the city that will not be immediately
affected by the congestion, noise and filth. (3) Are those living in
the area affected that want their homes purchased so they may move from
Downey and at no time have expressed concern or a plan for protection
of those citizens left beside the freeway.
11. That as of this date, all those on record in favor of the 105 Freeway
through the city total at most 867, which is, in fact about 3% of
District One population and is, in fact, less than 1% of City-wide
population.
12. That every conceivable means of communications (short of smoke signals)
have been utilized by myself to collect citizen opinion from my District,
and that through mail -outs, public meetings and door-to-door surveys,
all publicized in the local Press, a 2-1 vote against the freeway has been
cast by my constituents.
Council Minutes 10/11/71 -5-
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13. That as of this date, not one solid benefit to the City of Downey from construc-
tion of the 105 Freeway has been offered and supported with tangible evidence.
14. That all the protections agreed to, to date, offer protection only during those
phases prior to completion and all future detriments, such as additional smog
pollution, noise and filth, will be the problem of the City and must be endured
by its citizens."
In conclusion, Councilman Winton offered the following recommendations for Council
consideration and a favorable vote:
"a). Reject the Street Closing Agreement in its entirety.
b). Authorize the City Attorney to seek a court injunction to stop all purchases by
the Division of Highways within the City of Downey.
c). Authorize the Mayor, Council, City Attorney to appear before the Federal Senate
Transportation Committee, the Federal Secretary of Transportation, and all other
Agencies, as necessary, to have all Federal aid deleted from the 105 Interstate
Freeway.
d). If each member of the City Council will not accept these recommendations with a
favorable vote, that they consider a vote of the citizens of Downey prior to
authorizing the Mayor to sign the Street Closing Agreement."
The Mayor declared a recess at 9:48 p.m. The meeting resumed at 10:04 p.m., with all
Councilmen in attendance.
At the request of Mayor Ferris, Councilman Winton repeated his closing statement and
recommendations for favorable consideration and vote.
Councilman Morton stated he appreciated the review presented by Councilman Winton
which, he stated, is fairly accurate in most respects; however, there are some areas which
could be elaborated on and clarified. He said the City Council has come a long way on the
Century Freeway matter, they have listened to pros and cons and have had at Least two
formal public hearings recently. Councilman Morton stated it was obvious that those per-
sons opposed to the Freeway were not in attendance at the public hearings and that he did
not know whether that is an indication of lack of concern or reliance on the ability of
the City Council. He said the City Council has been in constant negotiations with the
State Highway Department with regard to a Street Closing Agreement and a Performance
Agreement, and that a vast majority of points of negotiation were obtained by the City in
the negotiations. He said the negotiations, as far as he was concerned, had been in good
faith. He said the State Highway 'Department has, in essence, agreed with the City Council
on almost every point the Council demanded, and that he believes the City Council has
established in the State of California for the first time that a City has a right to be
listened to and to negotiate directly with the State Highway Department.
Councilman Morton stated he believed it is clear from some points of view that the
City of Downey does not need another freeway' however, consideration should be given to
an area -wide transportation need of an integrated freeway system. He stated that,
unfortunately, Southern California does not have a rapid transit system. He noted that
one organization in the City has indicated they are not in favor of the Century Freeway
but are in favor of a rapid transit system, and that he could see no difference between
the two, as in either case there would be a concrete corridor running through this City.
He stated that he thinks the problem before the City Council is whether or not there are
overriding transportation needs that go far beyond the borders of the City of Downey.
Councilman Morton said that the City can discuss the ecology matters, slums, noise
pollution, increased smog, and that some of these matters such as slums are well within
the scope of the City Council, the authorities, and the people in the City to "ride herd on."
Councilman Morton stated, "Contrary to some of the comments made, the State Highway
Department has had a Freeway grid system proposed for quite some time, and Downey is
indicated as part of what is called District V , and it is a matter of record for quite
some time that in District #7, of which Downey is a part, the State Highway Department
has proposed for quite a number of years a total of 1,500 miles of Freeway. Unfortunately,
in Southern California we do not have a completed rapid transit system. Whether or not
one is to come about in the future I don't know."
Councilman Morton stated he had sent out 81 questionnaires to residents in his
District, at random across the entire District, and the tabulation of those returned was
38 in favor of the Freeway and 15 against, and that a survey by the Chamber of Commerce
indicated 54 in favor of the Freeway and 16 against in his District. On the basis of these
surveys, he said, it would indicate that the citizens in District 4 are in favor of the
Freeway.
Council Minutes 10/11/71 -6-
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Councilman Morton stated that on the basis of what has been presented to him, and on
the basis of negotiations with the State Highway Department, he would be prone to take an
action on the matter of the Freeway. He said he would be willing to consider placing the
matter on the ballot for the citizens to vote on in the April 1972 election; however, he
was of the opinion that regardless of whether the City Council turned down the Freeway at
this meeting, that it will go through the City of Downey in the future and the City
Council could be risking the chance of not being able to get all of the concessions which
have been negotiated with the State Highway Department.
In response to a question by Councilman Jennings as to whether a future City Council
would be bound by the vote of the people, City Attorney Sorensen stated this would depend
on whether the citizens were asked for an advisory opinion or if they were asked to vote
on a measure.
Councilman Hollis stated he felt placing the matter on the ballot would be the most
democratic process but he would be willing to vote on the matter at this time according
to his convictions if the City Council wishes to take an action.
Mayor Ferris stated that he believed Councilman Winton's review of events of the
Freeway matter was excellent and substantially correct and represented a great deal of
work. He said he appreciated the logical approach taken by Councilman Morton. He stated
it was his opinion that the City Council should take an action on the Freeway at this
meeting, that ultimately the Freeway will go through this City, and he did not believe
the City Council should subject the City to any more controversy.
Councilman Winton referred to the Resolution adopted by the City Council in 1969
opposing the Freeway through the City of Downey. He stated that to sign the Freeway
Agreement will be creating long-term problems, and that if the Freeway goes through
Downey, he will be one of the fortunate ones who will have his home purchased, but he
does not wish to see his neighborhood destroyed.
It was moved by Councilman Winton to reject the Street Closing Agreement in its
entirety. Motion died for lack of a second.
Councilman Morton indicated that if the City Council was going to vote on the matter,
that he wanted a tree grid program added to the Agreement. Based on comments at the
Public Hearing, he had requested an extensive study of including a tree program for noise
abatement, beautification, and air pollution purposes. Councilman Jennings also indicated
he wanted a condition on air space above the Freeway.
It was determined that the City Council, having held a hearing as required by
Section 100.22 of the Streets and Highways Code of the State of California, had authority
to enter into a Freeway Agreement.
It was moved by Mayor Ferris, seconded by Councilman Morton, and passed by the
following vote to approve the Freeway Agreement on the Route 105 Freeway, and to approve
the Performance Agreement on the Route 105 Freeway as modified by adding Section 20 and
amending Section 14 in accordance with memorandum dated October 11, 1971, such approval
conditioned on approval of both agreements by the State of California Department of
Public Works, and to authorize the Mayor to execute these Agreements on behalf of the
City of Downey.
APES: 4 Councilmen: Morton, Jennings, Hollis, Ferris
NOES: 1 Councilmen: Winton
ABSENT: 0 Councilmen: None
It was moved by Councilman Winton and seconded by Mayor Ferris that a Citizens Com-
plaint and Alliance Committee be set up with Mayor Ferris and Councilman Morton as acting
members and Councilmen Jennings and Hollis as alternates to handle all complaints from
District #1.
Councilman Morton recommended inasmuch as the Freeway is of City-wide concern that a
separate Freeway Commission be established, composed of one representative from each
Councilmanic District to continue to review the Performance Agreement and the Freeway
Agreement.
Mayor Ferris called for a roll call vote on the motion of Councilman Winton.
AYES: 1 Councilmen: Winton
NOES: 4 Councilmen: Morton, Jennings, Hollis, Ferris
ABSENT: 0 Councilmen: None
Council Minutes 10/11/71 -7-
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Clarifying his "no" vote, Councilman Morton stated it is his intention to present a
motion to the City Council for the establishment of a Commission for this purpose.
Clarifying his "aye" vote, Councilman Winton stated he believes there will be
numerous complaints from citizens on violations of the Agreement, with the possibility of
800 families affected, plus an additional 800 to 1200 along the Freeway, and it will
require more than one Councilman to take care of the complaints.
Council Minutes 10/11/71 -7a-
Map
Councilman Jennings, clarifying his "no" vote, stated he believed Councilman Winton
was attempting to shift his responsibility to the other four Councilmen.
It was moved by Councilman Morton and seconded by Mayor Ferris that a Freeway
Commission be established to be composed of one representative from each Councilmanic
District for the purpose of seeing that the Freeway Agreement and the Performance Agree-
ment are adhered to by the State.
City Attorney Sorensen said the Commission would act as a clearing house for the
City Council and an advisory or recommending body. He stated any enforcement would have
to come through the City Council.
Mayor Ferris called for a roll call vote.
AYES: 3 Councilmen: Morton, Hollis, Ferris
NOES: 2 Councilmen: Winton, Jennings
ABSENT: 0 Councilmen: None
Clarifying his "no" vote, Councilman Winton stated that the advice of such a
Commission would require the investigation by the City Council and referral to the City
Attorney, and would result in a duplication of work.
Mayor Ferris excused himself from the Meeting, Mayor Pro Tempore Winton assuming
the Chair.
A recess was declared at 10:50 p.m. The meeting resumed at 11:05 p.m., with
Councilmen Morton, Jennings, Hollis in attendance.
Communication from Mrs. Steve Skinner and Family expressing appreciation for con-
siderations shown in the loss of her husband, Past Mayor Stephen G. Skinner.
Councilman Morton said Mr. Skinner was a giant among men, and it was a pleasure to
have known and worked with him.
Communication from Ervin Spindel, Director of Public Works, reporting on D.I.P. #619,
Sidewalks, 7540 Quinn Street, Wiley -Burke Avenue Frontage.
Director of Public Works Ervin Spindel reported a public hearing was held at the
Council Meeting of August 9, 1971, for the purpose of constructing sidewalks at the
subject address under the provisions of Chapter 27 of the 1911 Act, and at that hearing
there were protests from property owners involved and the matter was taken under sub-
mission for further information. He said as requested by the City Council, the following
data is submitted:
1) A memorandum from the Traffic Engineer to the City Engineer dated July 13,
1970 regarding sidewalks on Wiley -Burke Avenue.
2) Staff Report from the Traffic Engineer dated July 22, 1970 concerning
sidewalks on the west side of Wiley -Burke Avenue with recommendations
concerning the subject sidewalks in Item 4.
3) Minutes of the Traffic Committee of July 30, 1970 recommending the side-
walk leading to the crosswalk at Muller Street be constructed.
4) Minutes of the Traffic Committee Meeting of January 7, 1971, concerning
the need for safe pedestrian routes to school.
5) Pedestrian Study Plan showing number of pedestrians using the sidewalks
and parkways in this area.
Mr. Spindel stated statistics indicate there is a need for the sidewalk. He said
the property owners were notified and are present at the Council Meeting.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to authorize Chapter 27 Proceedings for sidewalks on the west side
of Wiley -Burke between Quinn and Irwingrove.
The property owner, Isaac C. Wright, inquired from the audience if he would be per-
mitted to speak. Mayor Pro Tem Winton stated the appellant would not be permitted to
speak at this meeting; that he was given an opportunity to speak at the public hearing
on the matter held August 9, 1971.
Council Minutes 10/11/71 -8-
"1.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Communication from Mayor Joseph G. Ferris regarding Helicopter Program. It was
moved by Councilman Jennings and so ordered to receive and file.
Councilman Jennings read a communication from Business License Study Committee re-
garding Business License Fees. He reported that he and Mayor Ferris, acting as a
committee, worked to put an Ordinance Relating to Business Licenses into final form. He
said in so doing some business licenses were reduced, some were increased, others were
adjusted, and a number of separate types of licenses were decreased.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 6226, 6227.11 6235, 6239, 62419 6242,
6246, 6247, 6248.1, 6250, 6253, 6254, 6255, 6256, 6257,
6258, 6259, 6261, 6266 AND ADDING SECTION 6267 AND
REPEALING SECTIONS 6229, 6230, 6237, 6238, 6259.1, 6260,
6262, 6263, AND 6265 OF CHAPTER 2, ARTICLE VI OF THE
DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSES
The Ordinance was read by title only. It was moved by Councilman Jennings,
seconded by Councilman Hollis, and so ordered to waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to introduce the Ordinance.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Communication from City Manager regarding Emergency Employment Act. City Manager
Charles Thompson stated the report addresses itself to the questions and conditions
which had been stipulated by the Mayor in his letter to the Department of Labor with
regard to Downey°s full funding application. He said the City is nowunderpreliminary
application which has been approved, is approximately six months from duration, and
this would be an expansion of that program to a full year, and a larger number of per-
sonnel from five to 22 full-time positions.
Councilman Morton stated that since Mayor Ferris initiated the original action and
had sent a letter with a number of points regarding the final program which do not
appear to have been met, he would move that the City not continue with the program and
not authorize the Mayor to sign the application for extension of the Emergency
Employment Act Program. The motion was seconded by Councilman Hollis.
AYES: 3 Councilmen: Morton, Hollis, Winton
NOES: 1 Councilmen: Jennings
ABSENT: 1 Councilmen: Ferris
Clarifying his "no" vote, Councilman Jennings said he had voted for the initial
program and would not now vote against continuing the program.
Mayor 'Pro Tem Winton stated he was out of the Country when the application for the
initial funding was approved. He said that since the original application was filed,
there have been additional responsibilities placed on the City for the continuance of
the program.
Communication from Union Oil Company of California requesting permission to conduct
a Vibroseis Geophysical Survey along the Union Pacific Railroad from Gardendale Street
north to Flores Street.
Councilman Jennings stated he would abstain from voting on this matter as he is
employed by a rival firm.
It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to
receive and file the communication.
Council Minutes 10/11/71 -9-
Communication from Downey Chamber of Commerce submitting Report for Quarter ended
9/30/71. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed
by the following vote to receive the report and grant the request to issue funds in the
amount of $1,250. in accordance with the Agreement.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
LEGAL CLAIMS
Ref, #028, Phyllis D. Kelso, 7140 Nada Street, Downey
It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by
the following vote to deny the legal claim of Phyllis D. Kelso and refer the matter to
the insurance carrier.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Ordinance Relating to Equipment Replacement Fund
Director of Finance Robert Shand reported the adopted Budget included the transfer
of $150,000. from the Funded Equipment Reserve to the General Fund and $50,000. from the
Funded Equipment Reserve to the Capital Improvement Fund, for the purpose of providing
money for capital improvement projects. He said the recommendation that it be incorpora-
ted in the form of an Ordinance was submitted by the Certified Public Accountant to
satisfy the legal requirement authorizing transferring of the money.
Councilman Jennings recommended that the third paragraph of Section 2503.2 be
amended by adding the language, "only at the beginning of each fiscal year".
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 2503.2 OF CHAPTER 5, ARTICLE II, OF
THE DOWNEY MUNICIPAL CODE RELATING TO THE EQUIPMENT
REPLACEMENT FUND
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 Morton and seconded by Councilman Jennings to introduce
the Ordinance as amended.
City Attorney Sorensen explained that the Ordinance will not become effective until
some time in November; prior to that time, a transfer of funds made pursuant to an
existing authority would not be affected.
Roll Call vote:
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris (See later action on Ordinance, Page 11.)
RESOLUTION NO. WS-758
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. 42168 -
42677, $202,145.81 -- PAYROLL)
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. WS-758.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Council Minutes 10/11/71 -10-
RESOLUTION NO. WS-759
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. 16030 -
16252, $164,948.76)
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 Jennings, seconded by Councilman Morton, and passed by
the following vote to adopt Resolution No. WS-759.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris�gy�
It was moved by Councilman Morton and so ordered to carry over Cash Contract #SS-23q,
Seventh Street, Paramount Blvd, to Downey Ave., to November 8, 1971, inasmuch as Mayor
Ferris is not present and this is in his District.
City Attorney Sorensen requested the Ordinance Relating to the Equipment Replacement
Fund be brought up again. He said it is his understanding the Auditors raised a question
about propriety of transferring moneys out of Equipment Replacement Fund to the General
Fund under the present Ordinance. Mr. Sorensen stated the new City Budget for the Fiscal
Year 1971-72 contains a revenue item of $150,000. to be transferred to the General Fund
and the Equipment Replacement Fund. He said if the Ordinance is introduced and adopted
as amended it would not accomplish the purpose of allowing the transfer during the
1971-72 Budget.
City Attorney Sorensen recommended the amendment to third paragraph be modified to
read "commencing July 1, 1972 such transfers of surplus may be made only at the commence-
ment of each fiscal year."
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to reconsider the action of the City Council in introducing the
Ordinance.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to introduce the Ordinance as modified.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
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 #288 Muller
Street, Lakewood to Shellyfield, in the amount of the unit prices bid for the alternate
bid, to Sully -Miller Contracting Co. of Long Beach, the lowest and best bidder.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to approve a Supplemental Agreement No. 43240/321-2 - 9-10-71 with
the Southern Pacific Railroad Company on Cash Contract #SS-231, Downey Avenue Railroad
Safety Gates.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Imperial Highway Depression, Rancho Los Amigos Hospital
Director of Public Works Ervin Spindel reported over the past two years the City has
used less than $2,000. engineering costs, to review the plans to see that they fit in
Council Minutes 10/11/71 -L1-
with the City's plans. Mr. Spindel stated under the Agreement the street Lights and
landscaping will be maintained by the County.
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to approve plans and specifications for the`impe$iai Highway
Depression, Rancho Los Amigos Hospital.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Request from Russell's Bike Shop to Waive Parking Requirements
Councilman Jennings questioned Paragraph 2, second page, of Parking Place Commission
Minutes of September 22nd, wherein the property owner shall file an agreement that he
will not protest future acquisition and improvement of property in the Parking District.
He said it appears to him that the owner would be committing himself to an unknown amount
of money at any time for possible parking spaces that would be of no benefit to his
business.
City Manager Charles Thompson responded that if the bike shop was in the Parking
District it must be legally defined. He said the waiver would be the strict requirements
for additional parking.
Director of Public Works Ervin Spindel said the Code states the City Council has the
right to charge $2,500. per space for waiving a space, and in lieu of this the Commission
felt the waiver of protest of any future assessment would be in the best interest of the
property owner and the District.
City Attorney Sorensen said the provision was put in the Code to provide that those
persons within the Parking Assessment District could gain some relief from off-street
parking requirements, either by providing alternate parking somplace else or in lieu of
that, paying so much a space so that additional Land could be acquired. He stated a
subsequent amendment to the Code provides that the minimum amount of $2,500. could be
reduced by the City Council when it finds:
(a) The buildable area of the parcel for which the waiver is sought has been re-
duced by reason of an acquisition by the City for street purposes as part of a general
plan of development of the property on both sides of such street and between intersecting
streets.
(b) That such street upon which such property fronts has been acquired or dedicated
to its full width as shown on the general plan of the City and has been fully improved
with curbs, gutter, sidewalks and paveouts.
(c) That the substitute property to be acquired for off-street parking in all
probability will be more than five hundred feet (500') from the property on which the
waiver is sought.
(d) That the development of parking on the property for which the waiver is sought,
in accordance with the requirements of the Downey Municipal Code for off-street parking
would preclude the development of such property in accordance with a uniform plan of
architectural design approved by the City.
There being no objections, the Request from Russell's Bike Shop to waive parking
requirements was referred to the City Attorney for review and report.
CITY MANAGER'S REPORT
City Manager Charles Thompson reported on Beautification of Rio Hondo and Los
Angeles River Channels. He said a preliminary study has been made and he is submitting a
resolution for Council"a approval. Mr. Thompson stated the resolution does not commit the
City to any funding of the project.
Council Minutes 10/11/71 -12-
w
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
EAST CENTRAL AREA PLANNING COUNCIL, ENDORSING IN PRINCIPLE
THE "RIO HONDO/LOS ANGELES RIVERS BEAUTIFICATION/RECREATION
REPORT" DATED JUNE 9, 1971, PREPARED BY THE OPEN SPACE
COMMITTEE OF THE EAST CENTRAL AREA PLANNING COUNCIL AND
RECOMMENDING THAT THE BOARD OF SUPERVISORS OF LOS ANGELES
COUNTY INCLUDE THE AREA ENCOMPASSED BY SAID REPORT IN THE
COUNTY'S RECREATION AND OPEN SPACE PROGRAM FOR DEVELOPMENT
AT THE EARLIEST POSSIBLE TIME.
The Resolution was read by title only. It was moved by Councilman Morton, seconded
by Councilman Jennings, and so ordered to waive further reading.
Director of Planning William Goggin explained the meaning of the second to last
paragraph in the resolution which, he said, shows the intent of willingness to discuss
the matter, and that the City would be willing to go ahead if all cities agree. He
stated the City would not be committed. Mr. Goggin said each City has a different
problem, and it was indicated that if funds are available through the County and Flood
Control District, the cities would be willing to participate. He said he did not know
the cost.
There being no objections, the matter was referred to the City Attorney for review
and report.
City Manager Thompson stated the report of the Director of Parks & Recreation
indicates the details of the Request for Expansion of the Pro Shop, Rio Hondo Golf
Course. He said the Lessee would do this under authorization by an addendum to the pre-
sent Lease Agreement which would provide for a two to three year amortization.
James Ruth, Director of Parks & Recreation, stated an addition would be beneficial
not only to the Pro Shop but also to the City in accruing additional revenues, and there
would be no financial responsibility on the part of the City. He said the Lessee is not
asking for any modification or change in the Lease. Mr. Ruth stated the only request in
this matter is that the City protect the Lessee in the event the City should terminate
the Lease, and in that event the Lessee would be reimbursed for the unamortized amount.
It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by
the following vote to authorize the City Attorney to prepare an Addendum to the Lease
Agreement to include the items contained in the Park Director's Report.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
City Manager Thompson reported on the Proposed Architectural Agreement - 24 Acre
Park. He said the City Council authorized a letter of inquiry on the Legacy of Parks
Program; however, to date a reply has not been received. He said under the Legacy of
Parks Program the Architectural Work would be subject to funding. Mr. Thompson said if
the City Council should decide to enter into the Agreement prior to entering into the
Legacy of Parks Program, it should be done with the stipulation "subject to funding
under the Legacy of Parks Program".
On the recommendation of Councilman Morton, the matter was taken under submission
until the next City Council Meeting. So ordered.
City Manager Thompson reported on request for authorization of transfer of funds
for construction of Rest Room and Snack Bar Facilities - Golden Park. He stated that
the Park & Recreation Commission and Staff had suggested it would be advisable to defer
the construction of the Tricycle Freeway and Pagoda at Brookshire Children's Park and
transfer monies allocated for that to provide funds for the requested construction at
Golden Park.
It was moved by Councilman Morton, seconded by Mayor Pro Tem Winton, and passed by
the following vote to approve the request for Rest Room and Snack Bar Facilities - Golden
Park, and to authorize the transfer of funds as recommended.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Council Minutes 10/11/71 -13-
• w
City Manager Thompson reported on License Agreement between Southern California
Edison Company and City of Downey - 24 Acre Park. He said this Agreement is consistent
with previous agreements and he recommends approval as modified.
It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the
following vote to approve License Agreement between Southern California Edison Company
and City of Downey - 24 Acre Park.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
ORAL COMMUNICATIONS
Mr, Francis Hart appeared before City Council and said in his estimation Mr.
William Goggin, Director of Planning, is a man of high esteem and a noteworthy official
of the City.
Mr. Wendell Wiser, 10921 Paramount Blvd., commended the City Council for the action
taken on the Route 105 Freeway.
Director of Public Works Ervin Spindel reported on a Root Pruning Program. He said
a demonstration will be held October 12th, immediately after Press conference in the 8500
block of Via Amorita.
Police Chief Morgan said the California Council on Criminal Justice has denied
Downey's Request for Funding, Helicopter Program, and if the City intends to appeal that
decision it must be done within 20 days. He said the next City Council Meeting will be
beyond that 20-day period, and he requested City Council action tonight.
In response to a question by Councilman Jennings, Police Chief Morgan stated the
City has no new evidence to present.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote that the City not continue with the Request for Funding, Helicopter
Program, at this time.
AYES: 4 Councilmen: Morton, Jennings, Hollis, Winton
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Ferris
Councilman Hollis stated this is the 22nd day his son has been unconscious as a
result of an accident, and he expmessed appreciation on behalf of his family and himself
for everyone's thoughts and prayers. He said his son has received the best of medical
attention. Councilman Hollis stated he does not know what the outcome will be, but he
did want to express particular appreciation to the Press for the interest they have
shown and the consideration they have given.
Councilman Morton requested that the following comments addressed to Councilman
Winton concerning the decision on the 105 Freeway be made a matter of record:
"Making a decision such as was made was not as we all appreciate because we all had
to do the voting and it was not an easy decision to make. However, I do, at this time,
Don, want to commend you personally for the time that you have spent in trying to analyze
the needs of what you saw as the needs of your District and presenting a step-by-step
argument to this City Council. While there were areas that perhaps could have been
elaborated on or clarified, the reaction that I had was that you were attempting to be
objective in what you felt was representing the views of your District. I also want to
make a matter of record at this time, that while I appreciated that you voted against
the Freeway going in , I think the record definitely needs to note that you were mainly
responsible for many of the points that we received during courses of negotiation. These
were points that you had, yourself, raised and brought to the attention of this City
Council; that while they were studied by other Councilmen, you were the one that gave
authorship to many of the points and, as I stated in my remarks earlier, perhaps we have
established a precedent. So even though the decision went as it did, I still feel that
what has been accomplished with the negotiating points can be attributed to a great
extent to the work and effort that you put into the study of the situation in looking for
the best for the people in your District."
Mayor Pro Tem Winton thanked Councilman Morton for his comments. He stated he
wished to take exception to a remark made by Councilman Jennings that he was passing on
Council Minutes 10/11/71 -14-
his responsibility to other persons. He stated he would compare his answered phone calls,
his answered constitutents' visits, his communications file, day by day, with those of
anyone on the Council. He stated he has attempted, over the years, to fulfill those
obligations. Mayor Pro Tem Winton said one of the platform planks that he utilized in
his campaign, which was a winning campaign even by a slim majority, still a victory, was
to attempt to stop the Freeway from coming through that residential area. He stated he
carried that out fully. Mayor Pro Tem Winton stated the indication that he received from
the vote at this meeting was that where the entire Council was to vote and the entire
City was to be considered on the inclusion of a Freeway through his District, and since
the entire City Council has the privilege to vote on that, they should share in the
responsibility of the additional complaints and problems that will come up. He stated
his implication in his motion, that he receive additional help of specific committees on
this matter, was not to absorb the responsibilities of the duties he now holds. He said
his District contains almost 9,000 persons more than Mayor Ferris' District, almost 6,000
or 7,000 more than Councilman Morton's District, and probably about 5,000 more than
Councilman Jennings' District. He said that District #1 has the highest crime rate of
the Districts, the highest call for assistance, the highest density factor.
Mayor Pro Tem Winton stated he inherited many problems in his District and he does
not intend to shirk his responsibilities. He said, however, if this Freeway is for the
benefit of the City and the full Council can vote it in, he believed all of the
Councilmen should share the problems that will come up, and that he does not believe any
one committee will be able to handle these problems which will be coming up between now
and 1978. He stated he feels he has done his best to uphold the vote of his constituency
when they put him in office, and he upheld the general overall concensus of the people in
the area. He said he would like to record to reflect that he does not intend to shirk
any of his responsibilities, nor to give up any of his authority as a Councilman for his
District.
There being no further business to come before the City Council, the meeting was
adjourned at 12:25 a.m.
ELLEN C. DAVIS, CITY CLERK
Council Minutes 10/11/71 -15-