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HomeMy WebLinkAboutMinutes-10-26-71-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 26, 1971 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Underground Utilities Committee Appointment of Councilman Jennings Communication from Senator Walsh urging Opposition to Reapportionment of 30th Senatorial District Communication from Supervisor Bonelli regarding Uniformity of Traffic Control Devices Legal Claims Received: #030, Hubert L. Hatchell, 7265 Via Rio Nido, Downey #031, General Telephone Co., P. 0. Box 889, Santa Monica Ordinance #409 Amending Sec. 2503.2, Chapter 5, Art. II, DMC, Equipment Replacement Fund Ordinance 4410, Amending Sec. 6226, 6227.1, 6235, 6239, 6241, 6242, 6246, 6247, 6248.1, 6250, 6253, 6254, 6255, 6256, 6257, 6258, 6259, 6261, 6266 d Adding Sec. 6267 d Repealing Sec. 6229, 6230, 6237, 6238, 6259.1, 6260, 6262, 6263 d 6265, Chapter 2, Art. VI, DMC, Relating to Business Licenses PAGE NO. 9 Held pending preparation of resolution 2 Staff requested to have Imperial Hwy. traffic pattern changes included in report 2 No action No action Adopted Adopted Ordinance Amending DMC Sec. 3186(m), Ord. #262, Relating to Restricted Speed Limits Introduced Resolution #2598 Consenting to Establishment of Portion of Imperial Within City as part of System of County Highways Adopted CC #SS-202, Imperial Hwy. TOPICS Project - Participation Agreement with County Approved CC #SS-202, Imperial Hwy. TOPICS Project - Plans & specs d authority to advertise Approved Resolution #2599, Approving Revisions to Lakewood Blvd. Interchg. Santa Ana Fwy. d Relocation of Buhman Ave. Pedestrian Overcrossing Adopted Resolution #2600 Prohibiting Parking Certain Times Once Week E/s Brookshire Ave. bet Gallatin Rd. d Approx. 900' Nly to Santa Ana Fwy. Interchange R/W for Street Cleaning Adopted Resolution #2601 Establishing Two-Hr. Parking Limitation B/s Third St. from LaReina to Myrtle Resolution #2602 Appointing LeRoy Rodenberg to Personnel Advisory Board Resolution #2603 Endorsing "Rio Hondo/L.A. Rivers Beautification/Recreation Report" Resolution #WS-760 (Payroll) Resolution #WS-761 (B Warrants) CC #259, 24" Transmission Main Ext. Page 1 of 2 Adopted Adopted Adopted Adopted Adopted Taken under submission 2 2 2 3 4 4 4 4 5 5 5 5 6 6 6 7 Council Minutes 10/26/71 Table of Minute Actions SUBJECT: ACTION: PAGE NO. CC #293, Birchdale Ave. - Plans & specs & authority to advertise Approved 7 CC #SS-265, Downey Cemetery Sidewalks - Plans & specs & authority to advertise Approved 7 CC #285, Myrtle St. - Acceptance of improvements Approved 7 CC #SS-242, Paramount Blvd. - Acceptance of improvements Approved 7 Traffic Signal Maintenance - Request to continue Authorized & request to with County maintenance continue studies 7 Sidewalk Matching Funds Approved 7 Paving Matching Funds Approved 8 D.I.P. #622, 12444 & 12502 Paramount Blvd. - Authorize Chapter 27 Proceedings Approved 8 D.I.P. #623, 7731 Yankey St. - Authorize Chapter 27 Proceedings Approved 8 Kingswood Village - Downey, S/s Imperial Hwy. W/o San Gabriel River - Apportionment of cost excluding underpass Approved 9 Stump Grinder -Root Pruner Held to next Budget session 9 Right -of -Way Exchange, 12626 Clark Ave. - Exchange of improvements & transfer of funds Authorized 9 Russell's Bike Shop, request for Waiver of Held to contact property Parking Requirements owner 9 Proposed Architectural Agreement - Wilderness (24-Acre) Park Taken under submission 10 Request for Replacement of Handie-Talkie Batteries & Charges from Capital Outlay Account Authorized 10 Addendum to Lease & Concession Agmt. with Laning S. Andrews (Rio Hondo Golf Course Pro Shop) Mayor authorized to sign 10 City Manager to attend 57th Annual Conference of ICMA 11/7/71 thru 11/11/71 Authorized 10 Annual Group Life & Health Insurance Contract for Calendar Year 1972 Taken under submission 10 Offer for purchase of excess land parcel, intersection Stewart & Gray Rd. & So. Pac. RR Rejected 11 City Council Meeting procedure for Agenda items Council to review 11 Recommendation for "No Smoking Signs" in City Hall hallways No action 11 Purchases of Property for #105 Freeway Request to prepare schedule 11 City Parking Situation bet. 2nd & 3rd St. E/s Downey Ave. - Request to authorize services of Appraiser Approved 11 Post Office property being used for City Parking Lot - Request to authorize services of Appraiser Approved 11 Freeway Commission - Request to authorize Dir. Public Works to designate employee Approved 12 Request of Demos Shakarian for decision re use of property north side Imperial Hwy. No action 12 City -owned Police Helicopter Surveillance Program Committee appointed to make feasibility "study 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 26, 1971 The City Council of the City of Downey held a regular meeting at 8:00 a.m., October 26, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Winton, Jennings, Hollis, Ferris ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works Robert L. Shand, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks d Recreation Ray Lake, Director of Building d Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Robert R. DeSio, City Forester H. J. Henriksen, City Engineer Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Reverend R. C. Bolton, Central Christian Church, delivered the invocation, followed by the Flag Salute led by Councilman Winton. With the assistance of Police Chief Morgan, Mayor Ferris presented a POST Advanced Certificate to Detective Ronald Arrington. With the assistance of Director of Public Works Ervin Spindel and Janice Morton, Miss Public Works, Mayor Ferris presented Zero Defects Quarterly Awards to Richard Hilton, Engineering Division, and Burt Peterson, Environmental Services Division. With the assistance of Fire Chief Gain, Mayor Ferris presented a Certificate in Fire Science from Rio Hondo College to Fireman Gail Crook. Communication from B. G. Tolzman, President of Downey Chamber of Commerce, requesting that the City Council postpone to November 8th action on Ordinance Relating to Business Licenses. Ordered received and filed. Communication from Assemblyman Carley V. Porter acknowledging receipt of Downey's Resolution No. 2591, Expressing Opposition to Attempts to Alter the Method of Levying, Collecting and Distributing the Uniform Sales and Use Tax under the Bradley -Burns Uniform Local Sales and Use Tax Law. Ordered received and filed. Communication from County of Los Angeles Road Department regarding Highway Improve- ments on Imperial Highway at Rancho Los Amigos Hospital. Director of Public Works Spindel reported it will be necessary to set up an Underground Utility District so that the Edison Company may allocate funds for the undergrounding. He said the funds that will be allocated will be from the County's allocation and not from the City's. He recommended a meeting of the Underground Utilities Committee to set up a system. There being no objections, Councilman Jennings was appointed to serve on the Underground Utilities Committee, replacing Mayor Joseph G. Ferris. Communication from Gauthier Industries protesting the Business License Ordinance. Ordered received and filed. Communication from Senator Lawrence E. Walsh urging opposition to Reapportionment of 30th Senatorial District, as proposed by Senator Mervyn Dymally of Los Angeles. Councilman Winton stated he is not in sympathy with Senator Walsh's request. He said although the proposed boundaries would include all of Downey which the present lines do not, he feels the City will be connected with areas remote insofar as regional problems are concerned. Councilman Winton requested preparation of a resolution opposing both the existing and proposed boundaries. Council Minutes 10/26/71 -1- ?2 There being no objections, the matter was held pending further information and preparation of a resolution. Communication from Supervisor Frank G. Bonelli regarding Uniformity of Traffic Control Devices. Councilman Winton stated in the last two weeks there have been significant changes in the traffic patterns in the City of Downey along Imperial Highway. He said the study on Imperial Highway was started several years ago and any significant change in traffic flow should be included in the report. Councilman Morton stated the purpose of the study was to provide for free movement of traffic through the City with as Little stopping as possible. He concurred with Councilman Winton's comments that changes in the traffic flow on Imperial Highway should be included in the report. He said it is anticipated there will be a change on the north -south streets and increased traffic on the streets that feed into Imperial Highway. Communication from County of Los Angeles, County Engineer, regarding City of South Gate, Annexation #19. Ordered received and filed. LEGAL CLAIMS RECEIVED Ref. 0030, Hubert L. Hatchell, 7265 Via Rio Nido, Downey Ref. #031, General Telephone Company, P. 0. Box 889, Santa Monica. ORDINANCE NO. 409 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 Morton, seconded by Councilman Winton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to adopt Ordinance No. 409. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES,: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Ferris inquired if there was anyone present who wished to speak regarding the Ordinance relating to Business Licenses. Dr. John Sims, 8232 Third Street, Downey, speaking on behalf of the Downey Dental Academy, stated he felt a $50.00 license fee on a flat rate basis would be equitable. Mr. Jack Robinson, 8555 Gainford, Downey, stated he was opposed to any increase in license fees, or any other form of taxation that the City may be considering. He said the Country is faced with a serious inflation problem and that it is absolutely necessary to stop it if there is to be any hope of economic stability. He mentioned the President's Wage and Price Freeze and stated he believed everyone should share the responsibility for runaway prices. Mr. Robinson stated he believed it is morally wrong for the Government to increase cost of business when business cannot pass the increase on to the consumer. He said there is a lack of business growth in our community, and he referred to a study made by the Chamber of Commerce which indicated there are substantial vacancies in Downey's industrial complexes and commercial buildings. He stated if Downey continues to increase taxes, making it impossible for businesses to operate in this community, there is little hope of reducing the vacancy factors. Mr. Robinson urged the City Council not to upgrade its services, but to operate within the budget. He stated the City must reduce manpower and services before adding any more tax or license fees. Mayor Ferris made the following statement for the record: "Now, as well as a year and a half ago, when the study on the licenses began, there was never any language used nor is it used today, that this Ordinance proposes an increase of any fees. The intent is to provide an equitable situation within our community for all businessmen involved, and to try to simplify the Ordinance. As it turned out, some decreased and some increased. There is a small net overall increase. But for the record, this Ordinance is not designed to increase business license fees. It is designed to bring equity, particularly to the small businessman, and to simplify an Ordinance that has been on the books for 15 years." Council Minutes 10/26/71 -2- 4?, 25 Councilman Morton, referring to comments made by Mr. Robinson, stated that very definitely we are in an inflationary situation and the President's freeze places an obligation on both business and the City Council to hold prices down. He said that Mr. Robinson is the first citizen to ask that the City Council hold the line on services to operate within the Budget, even if it means to decrease services. Referring to Mr. Robinson's comment regarding the industrial climate of the City, Councilman Morton stated that this situation is no different than it was fifteen years ago and it is not due to increased taxes, but other problems, such as the high residential factor in the City. He said the City should look to other land uses for the property, such as residential. Responding to a question by Mr. Wendell Wiser, 10921 Paramount Blvd., Downey, Director of Finance Robert Shand stated Real Estate Brokers are included under Section 6255, Gross Receipts. Mr. Francis Hart, 9643 Cedartree Road, Downey, referring to Mr. Robinson's comments, said he does not believe that all taxes and business license fees should be passed on to the consumer. Replying to comments of Mr. John McPhelan, owner and operator of Downey Archery Lanes, 11803 Marbel Ave., Downey, Mayor Ferris stated there is no increase in billiard table license fees. Councilman Jennings requested that the Ordinance be passed as written, and if in the future the City Council is convinced that any portion of the Ordinance is inequitable, it should be amended. Councilman Morton stated he is very much in favor of updating the City's Ordinances, however, there is a Presidential freeze on prices and the City Council by adopting the Business License Ordinance would be doing contrary to what citizens have been requested not to do. He requested adoption of the Ordinance be delayed until it is determined what the second phase of the Presidential freeze will be and then re -introduce the Ordinance. He said the Ordinance is equitable and needs to be adopted, but not at this time. ORDINANCE NO. 410 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6226, 6227.1, 6235, 6239, 6241, 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 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 Ordinance No. 410. AYES: 3 Councilmen: Winton, Jennings, Ferris NOES: 2 Councilmen: Morton, Hollis ABSENT: 0 Councilmen: None Clarifying his "no" vote, Councilman Morton stated he feels the Ordinance is inappropriate at this time. He said Last month the Country had the lowest cost of living index it has had for quite some time, and that should show the effectiveness of the freeze. It was moved by Mayor Ferris that an Ordinance amending Section 6255, Category E, under Gross Receipts, be prepared by Staff and brought back to the next City Council meeting. No second. He said the figure should be $0.22 instead of $0.25. Councilman Winton said the reason he seconded the motion to adopt the Ordinance was because it would not become operative for 60 days and it would give ample opportunity to anyone who wished to voice opinion or offer tangible evidence that the Ordinance is incorrect. The Mayor declared a recess at 9:15 a.m. The meeting resumed at 9:27 a.m., with all Councilmen in attendance. Council Minutes 10/26/71 -3- _4�?G ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 3186(m), ORDINANCE NO. 262 RELATING TO RESTRICTED SPEED LIMITS The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to waive further reading. In response to questions of Councilmen Morton and Jennings, Police Chief Morgan stated a three mile tolerance is allowed on speed limits. He said that 35 miles per hour was not too high a speed limit for this particular area. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #SS-202, Imperial Highway TOPICS Project Director of Public Works Spindel reported TOPICS funds allocated to the City for 1969-70 were approximately $88,000, and the 1970-71 allocation was approximately $87,000. He said the 1969-70 allocation is to be used for this project plus a small portion of the 1970-71. He said the total cost will be $130,400, $93,000 coming from the City's allocation under the TOPICS program and the balance of $37,400 from Gas Tax Funds. He said the County is doing all of the engineering at no cost to the City. Mr. Spindel stated two new signals are to be installed on Imperial Highway at Barlin and Dunrobin. RESOLUTION NO. 2598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF A PORTION OF IMPERIAL HIGHWAY WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2598, AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to approve Participation Agreement with the County of Los Angeles designating the City's TOPICS and Gas Tax Funds to be assigned to the County Road Depart- ment for the City's share of the Imperial Highway Uniform Traffic Control Project under Cash Contract IPSS-202, Imperial Highway TOPICS Project. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant authority for advertising of bids by the Los Angeles County Road Department on Cash Contract #SS-202, Imperial Highway TOPICS Project. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 10/26/71 -4- 4?27 RESOLUTION NO. 2599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REVISIONS TO THE LAKEWOOD BOULEVARD INTERCHANGE OF THE SANTA ANA FREEWAY AND THE RELOCATION OF THE BUHMAN AVENUE PEDESTRIAN OVERCROSSING The Resolution was read by title only. It was moved by Councilman Morton, seconded by Mayor Ferris, 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. 2599. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING PARKING AT CERTAIN TIMES ONCE EACH WEEK ON EAST SIDE OF BROOKSHIRE AVE. BETWEEN GALLATIN ROAD AND APPROXIMATELY 900 FT. NORTHERLY TO SANTA ANA FREEWAY INTERCHANGE R/W FOR STREET CLEANING The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2600. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A TWO-HOUR PARKING LIMITATION ON BOTH SIDES OF THIRD STREET FROM LA REINA AVENUE TO MYRTLE STREET The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Mayor Ferris, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2601. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING LE ROY RODENBERG TO THE PERSONNEL ADVISORY BOARD The Resolution was read by title only. Councilman Jennings stated Mr. Rodenberg is an employee of North American and has a -- long-time background in personnel work, salary administration, and employee relations, and should be an excellent member of the Personnel Advisory Board. -' 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 adopt Resolution No. 2602. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 10/26/71 -5- RESOLUTION NO. 2603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY 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 Winton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2603. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-760 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 Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the folowing vote to adopt Resolution No. WS-760, pending the Mayor's review. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE /�z;3.yi FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. i-6030-- fiyjM,-/ �6uy" lfr25-2-; -$1fr4 94.8-.76)S "/. ' , L L % i,I . /,.....( The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-761, pending the Mayor's review. City Attorney Sorensen stated an adoption cannot be a conditional adoption. He said if the Mayor subsequently does not approve,it does not nullify the adoption; it will have to be changed by a new motion. Councilman Winton stated his motion was made for the purpose of allowing the Mayor to come back with an amendment if he so desires. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #259 24" Transmission Main Extension Director of Public Works Spindel reported the project was approved and advertised for bid about a year and a half ago and was called back because the reservoir study was being made. He said as a result of the study it was determined the site north of the Santa Ana Freeway at the west City Limits was a good location for the reservoir. He said the 24" main starts on Paramount Boulevard from the MWD connection and goes north under the Freeway up through an easement along Brookpark Road to eventually the site. He said funds have been provided in the budget. Council Minutes 10/26/71 -6- In response to a question by Councilman Jennings, Mr. Spindel stated a 12 or 161, main would be sufficient if the reservoir is not constructed. Mayor Ferris stated the design study, the report of the consultant, and recommenda- tion of the Water Advisory Board has never been brought formally before the City Council. City Manager Charles Thompson said the original understanding was that the location of the reservoir was approved subject to the possibility that through further design and construction of the reservoir, the City might utilize recreational benefits from it. He said a further study was made and the final report indicated the cost factors were such that the original location was recommended, and there was no advantage to the City to go to a different design. After further discussion, it was moved by Councilman Winton and so ordered to take Cash Contract #259, 24" Transmission Main Extension, under submission until a report is received that the property purchase was designated in the budget for the reservoir site. It was moved by Councilman Winton, seconded by Councilman Jennings, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #293 Birchdale Avenue. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES:' 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-265, Downey Cemetery Sidewalks. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #285, Myrtle Street, and responsibility for maintenance thereof. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #SS-242, Paramount Boulevard, and the responsibility for maintenance thereof. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, ,and so ordered to authorize the Department of Public Works to continue with County maintenance and to continue with studies on Traffic Signal Maintenance under private contract, for report back to City Council. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 84 10302 Wiley -Burke Avenue $ 275.00 (Irwingrove Drive Frontage) 85 12915 Dolan Avenue 57.00 86 7709 Phlox Street 54.00 87 8651 Springer Street 58.00 88 8553 Sixth Street 27.00 Total $ 471.00 AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 10/26/71 -7- It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to approve Paving Matching Funds at the following locations: P.M.F. No. Address 133 8106 Cheyenne Avenue 134 8561 Alameda Street (Patton Road Frontage) 135 7731 Yankey Street 136 8228 Cheyenne Avenue Total AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Estimated City Cost $ 105.00 19.00 500.00 105.00 $ 729.00 It was moved by Councilman Morton and seconded by Councilman Hollis to authorize Chapter 27 Proceedings for completion of curb, gutter and driveways on the east side of Paramount Boulevard between Leeds Street and Quoit Street, and waive the 30 day informal notice on Downey Improvement Project #622, 12444 and 12502 Paramount Boulevard. A recess was declared at 10:02 a.m. The meeting resumed at 10:13 a.m., with all Councilmen in attendance, Roll Call vote: AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize Chapter 27 Proceedings on Downey Improvement Project #6232 7731 Yankey Street; waive the 30-day informal notice and engineering charges; and permit the construction costs to be paid back to the City over a 10-year period. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Kingswood Village - Downey, South side Imperial Highway, west of San Gabriel River Councilman Winton stated the assessment to be determined at the time the property owners to the north develop their property has been paid by the developer of Kingswood Village. He requested that any interested person be allowed the privilege of speaking at this meeting. Mayor Ferris inquired if there was anyone present who wished to speak to the matter. Mr. Wendell Wiser, 10921 Paramount Blvd., Downey, stated he represents the property owner, Mrs. Grace Bertrand, 10015 Imperial Highway, and is opposed to the assessment. He said the development of Kingswood Village has increased the traffic flow, and since the property had access before the development was built he does not feel the property owner should have to pay for access. Mr. Morris Pynoos, 6176 Blackburn Avenue, Los Angeles, stated due to the fact that there is a center divider on Imperial Highway there was no access to the property without a service road. He said when he requested the rezoning and use of the property, the City requested the sum of $9100. as a pro rata share for the sewer for the north side of Imperial before the permit could be issued. Mr. Demos Shakarian, 8413 Lexington Road, Downey, stated he sold the property to Kingswood Village. He said at the time he sold the property he agreed to dedicate approxi- mately 5 to 6,000 square feet of ground for the road, and no arrangements were made for further assessments. Mr. Wendell Wiser said Mrs. Bertrand has never entered into an agreement to pay any portion of the improvement. He stated they had paved streets, curbs and gutters prior to this development. He said when the new curbs and gutters were installed, a row of sprinklers were removed and they would like to have them replaced. Council Minutes 10/26/71 -8- `xP,"1-3 Councilman Winton stated his studies indicate the property owners on the north side of the street did not enter into a formal written agreement with the developers on the south side. He said Mr. Shakarian has indicated he anticipates requesting a different type of development in the future and at the time the property is developed, he believes the Planning Commission would require certain improvements if the street had not been constructed. Councilman Jennings said he feels the property owners on the north side of Imperial should pay a proportionate share of the improvement in front of their property, but not for the tunnel. It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to request the developer to submit a different request for apportionment of cost for property owners on the north of the subject development, excluding the underpass, to the Director of Public Works for report back to the City Council. Request for authorization to purchase Stump Grinder -Root Pruner. The Director of Public Works recommended purchase of this equipment and appropria- tion of $8,000. from Unappropriated Fund Balance. He answered questions of the City Council regarding man hours and cost of the program with City -owned equipment as compared to the cost under contract. Robert DeSio, City Forester, also answered questions regarding City employee man hours presently spent in clean-up following root grinding by contractors. Following discussion, it was moved by Councilman Morton, seconded by Mayor Ferris, and so ordered to hold the matter over to next budget sessions, and in the meantime that a time study and cost analysis be prepared for review by the City Council. It was moved by CouncilmanWinton, seconded by Councilman Morton, and passed by the following vote to authorize the exchange of right-of-way for improvements and permanent weed abatement for Right -of -Way Exchange, 12626 Clark Avenue, and to authorize the following transfer of funds: Amount From To $3,000. Gas Tax Surplus A/C #27-11332 (2107 Funds) AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Russell's Bike Shop, Request for Waiver of Parking Requirements The City Attorney reported that as requested by the City Council, he has reviewed the recommendation of the Parking Place Commission and proposed waiver with conditions attached, and that it is in compliance with the terms of Section 9127.3 of the Downey Municipal Code. Mr. Cecil Parish, member of Parking Place Commission, stated that Mrs. Sachs who owns part of the property facing Firestone Boulevard that does not have an alley has indicated she would be willing to provide the property for extending the alley with the understanding that there would be no cost to her. In response to questions by Mayor Ferris, Mr. Parish stated that the owners of Russell's Bike Shop were not present at the meeting of the Parking Place Commission when their recommendation was made. There being no objections, Mayor Ferris ordered the matter held over until the property owner is contacted. Proposed Architectural Agreement - Wilderness (24-acre) Park It was moved by Councilman Morton and seconded by Councilman Hollis to authorize the Mayor to execute the agreement on behalf of the City of Downey. City Manager Thompson stated this project could not come under the Legacy of Parks Program if it were approved prior to the establishment of the Program. He recommended that formal approval of the agreement be withheld at this time. Council Minutes 10/26/71 -9- With the consent of the second, Councilman Morton withdrew his motion. He requested that it be made a matter of record that the City Council has not to date indicated their approval of entering into the Legacy of Parks Program. There being no objections, the matter was taken under submission. Request from Police Chief Morgan for Replacement of Handie-Talkie Batteries and Charges from Capital Outlay Account It was moved by Councilman Morton, seconded by Mayor Ferris, and passed by the following vote to authorize the Police Department to purchase Handi-Talkie Batteries and Chargers from Capital Outlay Account #10423.104040. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Attorney Sorensen presented the City Council with copies of Addendum to Lease oncession Agreement with Laning S. Andrews (Rio Hondo Golf Course Pro Shop), covering expansion of facilities Councilman Jennings stated the Addendum to the Lease Agreement is on a month -to -month basis. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize the Mayor to sign Addendum to Lease and Concession Agree- ment with Laning S. Andrews covering expansion of facilities. AYES: 4 Councilmen: Morton, Winton, Jennings, Hollis NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Ferris Mayor Ferris stated he was not in attendance at the City Council meeting when the Addendum to the Lease was presented, and he had not had an opportunity to review it. Councilman Morton stated his "aye" vote is based on intensive studies and recommenda- tion of Councilman Jennings. It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the following vote to authorize the City Manager to attend the 57th Annual Conference of the reasonaoie expenses ailowea. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Charles Thompson presented a report from the Director of Finance on the Annual Group Life and Health Insurance Contract for Calendar Year 1972. He concurred with the recommendation of the City Group Insurance Committee that the proposals of the present group insurance carriers, Blue Cross -Phoenix Mutual and Intercoast Life Insurance Company, be accepted. On the recommendation of Councilman Morton, and there being no objections, it was so ordered that the matter of the Annual Group Life and Health Insurance Contract be taken under submission for a complete report to include all three proposals as well as a list of names of those persons requested to submit proposals. City Manager Thompson reported on proposal of Alan Satterlee Enterprises of Long Beach, California, for purchase of a triangular 4015 square foot Excess land parcel located at the intersection of Stewart and Gray Road and the Southern Pacific Railroad. Councilman Winton stated that, as a matter of policy, he would recommend public advertising of this property. It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the following vote to reject the offer of Alan Satterlee Enterprises and to refund the deposit of $500. Council Minutes 10/26/71 -10- AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The matter was referred to the Planning Commission for a report. Councilman Winton reported on a proposed brochure containing general information regarding the City of Downey and City Council Meeting procedure for agenda items. He requested the City Council to review the information prior to the next City Council Meeting. Councilman Winton recommended that some action be taken by the City Council regarding "no smoking signs" in the City Hall hallways to prevent burns in the hallway carpeting. In response to a question by Councilman Winton, City Attorney Sorensen stated that to enforce such a regulation would require the enactment of an Ordinance prohibiting smoking in the public areas of the City Hall, defining such areas. In that event, he stated, to smoke in the hallways would be a misdemeanor. Councilman Winton requested the Department of Public Works to coordinate their efforts with the State Division of Highways to prepare a projected Schedule of Purchases of Property for the #105 Freeway, so that the City might notify those persons involved of the projected purchase plan. Councilman Morton reported that he and the Director of Public Works, Ervin Spindel, had checked into the City parking situation between 2nd and 3rd Street on the east side of Downey Avenue. He said they met and had an extended session, as well as a physical review of the property. He said they also talked to the Church Committee. Councilman Morton stated they had made a detailed analysis and feel there is a definite solution available. He stated that prior to making a recommendation he would like the City Council to authorize the employment of an Appraiser to appraise the property on the City's behalf. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize the Committee to obtain the services of an outside Appraiser at an amount not to exceed $300. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton stated that he would request the City Council to also authorize the employment of an outside Appraiser for appraisal of the Post Office property currently being used as a City parking lot. He requested the City Council to consider the advantages of disposing of that parking Lot and applying funds obtained for the purchase of parking areas closer to the City Hall. It was moved by Councilman Jennings, seconded by Councilman Winton, and passed by the following vote to authorize the Committee to obtain the services of an outside Appraiser to appraise the Post Office property at a cost not to exceed $300. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton stated that he has given considerable study to the matter of the Freeway Commission and that in his opinion, it is doubtful if the Commission could handle problems on a timely daily basis. He said it is his feeling that it would be more appropriate to designate a specific employee in the Department of Public Works to be responsible for immediate liaison action with the City Manager and the City Councilmen. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to reconsider the matter of the Freeway Commission. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to amend the previous motion on the establishment of a Freeway Commission, to include a statement that the Director of Public Works is directed by the City Council Council Minutes 10/26/71 -11- 4 7' i.4 to designate a specific employee in his Department to handle in coordination with the Department of Public Works and the City Manager's Office all problems that arise on a daily basis, and that the person designated provide periodic reports to the City Council on the type of problems experienced and the length of time that it takes to get the problem handled. AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Winton stated that the person who is designated to handle the Freeway -',- problems will have his full cooperation and assistance whenever he is.notified that there is a problem that would require his asstance to handle on a timely basis. Mr. Demos Shakarian, 8413 Lexington, stated that his property on the north side of Imperial Highway, a parcel of 3.1 acres, has been in escrow for approximately four months. He said that he had signed an application for zone exception for apartment units, but due to studies on the General Plan no decision has been given by the Planning Commission. Mr. Shakarian requested that the City Council make a decision relative to the future use for this parcel. Councilman Winton stated that he will make no recommendations concerning an individual parcel in his District; that this matter will be considered only at the time the entire Plan for his District is considered. There being no objections, Mayor Ferris appointed Councilman Morton to serve with him, the City Manager, and Police Department personnel on a committee to study the Feasibility of establishing a City -owned Police Helicopter Surveillance Program. There being no further business to come before the City Council, the meeting was adjourned at 12:10 a.m. e'.z1i� ELLEN C. DAVIS, CITY CLERK Council Minutes 10/26/71 -12- 1