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HomeMy WebLinkAboutMinutes-02-14-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 14, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Resolution #2656, Confirming Assessment for Chapter 27 Proceedings, DIP #591, 8561 Alameda St. Adopted Resolution #2657, Confirming Assessment for Chapter 27 Proceedings, DIP #623, 7731 Yankey St. Adopted Appeal, Z. E. Case #1034, 11002 Woodruff Ave. Building & Property Rehabilitation Ordinance Minutes, January 25, 1972 Requests for transfer of Refuse Collection Contract Assignment from Lemons Disposal Inc. to Lemons Disposal Co. Comm. from Hon. Frank G. Bonelli re Assembly Constitutional Amendment Comm. from Internal Revenue Service re Utility Users Tax - Deductible Status Comm. from R. Vara re Sponsor of Song on Nationwide Scale Comm. from Ms. William G. Bonnar re Use of Property, 8554 E. Everest St. Appeal, Z,E. Case 1010 Comm. from County Board of Supervisors re Highways thru Cities, Stewart & Gray Rd. Legal Claims Received Ref. #039, Billy Tucker Ref; #040, Calvin Sullivan Ref. #041, Donald Bogard Ref. #042, Mrs. Dana Storts Ref. #043, Larry A. Buss Ref. #044, John Allen Hendricks Ref. #045, North American Vehicle Supply Co. Legal Claims (For Council Action) Ref, 0036-A, Thomas Gomez Ref. 0036-B, Barry Liebrich Ordinance Amending DMC Sec. 3179, relating to Truck Routes Ordinance Adding Subsection 30 to Sec. 9127.1 DMC, which relates to Zoning Ordinance #415, Amending Sec. 1304 DMC, which relates to Powers of Deputies & Assignmt. of Duties Continued to 4/10/72 & referred to Planning Commission for further study PAGE NO. 2 2 5 Reconvene at Adjourned Meeting, 2/28/72 - Est. committee of City Officials & citizen reps. to meet bet. 2/22 & 2/28 6 Approved 6 Approved 6 Ref. to Staff for preparation of Resolution 7 Ref, to City Attorney for report back to City Council 7 Apptmt. of Committee to meet with Mr. Vara & attorney & bring back proposal 7 Ref. to Planning Commission for report & recommendation Hearing set for 3/13/72 Received & filed No action Denied Denied Introduced Introduced Adopted Cash Contract #300, Golden Park Concession Bldg. - Rejection of bids Approved Page 1 of 2 7 [3 "A 8 8 8 8 9 9 9 COUNCIL MINUTES, FEBRUARY 14, 1972 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: Resolution #2658, Auth. Purchase of Materials & Services & Const. of Concession Bldg. to be located at Golden Park by City Employees Adopted Resolution #2659, Urging Bd. Sprvsrs. of County to Submit Charter Amendments to Voters to its Prevailing Wage Provision Adopted Resolution #WS-777 (Payroll) Adopted Resolution #WS-778 (B Warrants) Adopted CC #SS-239, Unit 1, Seventh St. - Palm Tree Relocation - Award of contract Approved CC #SS-257, Stewart & Gray Rd., W/o Rives - Auth. Dept. Public Works to acquire property Approved 1971-72 Safety Light Program (Phase 7 of 10) - Auth. Purchase Order to Edison Co. Approved Woodruff Ave. N/o Ratliffe St., Crosswalk Protection - Auth. relocation of flashing signal Approved Inst. Water Main in Seventh St. from LaReina to Downey Ave. - Auth. transfer of funds Approved D.I.P. #626, E/s Gurley Ave. bet.Cole & Boyne - Auth. initiation of Chapter 27 proceedings Approved D<I.P. #624, CC #SS-263, Old River School Rd. Taken under submission D.I.P. #625, CC #SS-263, Old River School Rd. Taken under submission Right -of -Way Exch., 11118 Woodruff Ave. Authorized License Agmt. for Easement across Dept. of Water & Power land for 6" pipeline, Well Site #302 - Authorize Mayor to sign; payment of fee Approved Report on Assessment Dist. #117-P (Adoree St.) Received & filed Participation in County Coop. Bid 1972-73 Gasoline Fuel Requirements Approved American Petrofina Exploration Co. Lease Resolution Supporting CSI Reapportionment Plan Recognition for Meeting & Conferring, Downey Police Officers' Assn., Downey Firemen's Assn., & Downey City Employees' Assn. Resolution #2660, Adjusting Salary Schedule for Golf Course Superintendent Honeywell Information Systems, Inc. Agreement, Addendum C - Auth. Mayor to sign Report on Water Rate Comparison City Attorney to represent City in Court action pending by former Policeman Gary Ward Page 2 od 2 Accepted Taken under submission Approved Adopted Approved No action Authorized PAGE NO. 9 9 10 10 10 10 10 10 11 11 11 11 11 11 11 11 11 12 12 13 13 13 13 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 14, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., February 14, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding. PRESENT: Councilmen: Jennings, Morton, Hollis, Ferris, Winton 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 William A. Goggin, Director of Planning James D. Ruth, Director of Parks & Recreation Ray Lake, Director of Building & Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Harald J. Henriksen, City Engineer Russ K. Reynolds, Purchasing Agent Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary Reverend Ralph M. Grove, Presbyterian at Large, delivered the invocation, followed by the Flag Salute led by Councilman Jennings. Susan Maple, representing the Local Spiritual Assembly of the Baha'is of Downey, presented Mayor Winton a Baha'i book entitled, "The Proclamation of Baha'u'llah". Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 591, Site 1, 8561 Alameda Street (Patton Road Frontage). He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk replied he had not. Ervin Spindel, Director of Public Works, reported on the costs for curb and gutter, residential driveway and transition, and asphalt concrete removal. He said the total cash assessment is $563.49, total interest for a 3-year assessment is $65.01, and the total amount to be collected over a 3-year period is $628.50. It was moved by Councilman Ferris, seconded by Councilman Hollis, and so ordered to accept the Engineer's Report. Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to close the hearing on Downey Improvement Project No. 591, Site 1, 8561 Alameda Street (Patton Road Frontage). AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 591, 8561 ALAMEDA STREET The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Hollis, and so ordered to waive further reading. Council Minutes 2/14/72 -1- It was moved by Councilman Ferris, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2656. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton requested that all people present in the Council Chamber for the hear- ings scheduled on the Agenda be permitted to take seats, and any other people present waiting to hear items not on the Agenda please retire from the Council Chambers until conclusion of the scheduled hearings. Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 623, Site 1 7731 Yankey Street. He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Ferris, seconded by Councilman Hollis, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk replied he had not, Ervin Spindel, Director of Public Works, reported on the costs for curb and gutter, residential driveway and transition, and Portland Cement concrete removal. He said the total cash assessment is $392.45, total interest for a 10-year assessment is $152.73, and the total amount to be collected over a 10-year period is $545.18. He said the pro- perty owner requested the 10-year assessment at a hearing held October 26, 1971. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to accept the Engineer's Report, Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to close the hearing on Downey Improvement Project No. 623, Site 1, 7731 Yankey Street, _! AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 623, 7731 YANKEY STREET The Resolution 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 adopt Resolution No. 2657. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1034, 11002 Woodruff Avenue. He inquired of the City Clerk -- if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative, Mr. William A. Goggin, Director of Planning, reported that the property at 11002 Woodruff Avenue is zoned R-1 and the request is to operate and maintain a 3-story, 15-unit apartment building with off-street parking for 30 automobiles. He said the re- quest was based on the General Plan adopted in 1963 which indicates that the lots at this location were proposed to be eventually developed for R-3 uses. Mr. Goggin stated the Planning Commission held hearings on November 17th, December lst, and December 15, 1971, He said the final approval of the Planning Commission was in conformance with Council Minutes 2/14/72 -2- the revised plot plan elevation, based on a 3-story elevation in front and a 2-story elevation, or 26 feet, in the rear. Mr. Goggin stated that after the three meetings and presentation by applicants and those people in opposition,,the Commission approved of the request, setting forth the conditions under which the approval could be consummated. Within the 15 days Mr. Stirdivant filed an Appeal with the City Clerk and a group of petitioners filed a second Appeal with the City Clerk. The City Council accepted the Appeal and set the public hearing for tonight's meeting (February 14th). Mayor Winton inquired of the City Clerk if he had received any correspondence on the matter, and the City Clerk replied he had received two items of correspondence, one from Mr. C. J. Stirdivant containing two signatures, and one containing 64 signatures. Councilman Ferris referred to a duplication of one of the signatures to the petition. It was moved by Councilman Ferris, seconded by Councilman Jennings, and so ordered to receive and file the correspondence. For clarification, City Attorney Sorensen stated people who are opposed to the granting of the zone exception have filed the Appeal, and they should be heard first. He said the reason being if there is any burden of establishing a position, the burden would fall upon the people who are appealing and presently opposed to the exception. Mr. Sorensen stated those who have the burden will speak first, then the applicant in this case will have the right to speak secondly. Then, he said, those who filed the Appeal should have a right to give rebuttal testimony if they wish to do so. Mayor Winton inquired if there was anyone present who wished to speak in favor of the Appeal. Mr. C. E. Stirdivant, 9327 Pellet St., stated the granting of the zone exception will adversely affect the surrounding neighborhood. He expressed a desire for C-1 zoning, allowing the area to develop commercially. Mr. Stirdivant said he is not opposed to apartments being constructed but is opposed to a 3-story structure on the rear of the property. He requested a compromise of one story on the rear, two stories in the center, and three stories in the front. Mayor Winton asked for a count of those present in favor of the Appeal to Zone Exception Case #1034, and the count was 52. The following persons spoke in favor of the Appeal: Mr. J. B. Orme, 9322 Fostoria Street Mr. Ronald Legge, 9319 Fostoria Street Mrs. Louise Kosier, 10905 Cord Avenue Mrs. Robert Currier, 10929 Cord Avenue Mr. Wallace Hunt, 10933 Cord Avenue Mr. Peter DesRochers, 9308 Fostoria Street Mr. Frank Hall, 10813 Cord Avenue Points raised by the speakers in favor of the Appeal are as follows: Section 9130.2 of the Downey Municipal Code has not been complied with, that apartments would adversely affect the surrounding neighborhood; In approving the Zone Exception, only the General Plan was considered; Traffic study should be made of the area; No buffer zone was made to the east of Stonewood Shopping Center. A request was made for buffer zones and green belts; Apartments would interfere with the privacy of residences; Requests were made for consideration regarding better development of land; The General Plan as adopted in 1963 has not been changed and ignores current problems. The General Plan was based on an estimated 120,000 population in 1980, however, the population has only shown a 2500 increase in the last ten years from 84,886 to 87,450; Requests were made for R-1 zoning; High density does not consider safety of school children along Woodruff Avenue. Council Minutes 2/14/72 -3- A. proposal wac submitted, e:cpanding a proposal of Chairman Greene of the Planning Commission. Mayor Winton inquired if there was anyone present who wished to speak in opposition to the Appeal. Mr. Jim Folger, 10252 Lesterford, the applicant, stated the propoerty as planned for development is in accordance with the General Plan. He referred to the restricted height of the building and the distance between the proposed apartments and existing family residences. Mr. Folger submitted letters signed by merchants of Stonewood Shopping Center who are in favor of the zone exception. He said he would like to go on record for the Master Plan as it now exists and the revised Master Plan. Mrs. Marjorie Folger, 10252 Lesterford, spoke regarding the problems of small homes on large lots, as they are not conducive to good atmosphere. She said attempts have been made to sell the property, however, they were not successful as the property is not suitable for a single family dwelling. Mrs. Folger stated trees or shrubs approved by the City Forester will be planted and permanently maintained along the easterly property line and will be so spaced that foliage will form a screen. Mrs. Keith Folger, 8616 E. 5th St., Apt. B, stated she and her husband first acquired the property in 1941. She said the property has been used as a rental since 1953. Mrs. Folger requested that her son be allowed to develop the property as proposed. Mr. John Russell of Russell -Russell Co., 4931 Coldwater Canyon, Sherman Oaks, sub- mitted a rendering of the building and spoke regarding compliance to certain requirements to protect the neighboring residential properties. He said there will be a completely enclosed parking structure, and two parking spaces will be provided for each apartment, Mr. Walter Asmus, 218 36th St., Newport Beach, owner of property at 11118 Woodruff Avenue, reported on the difficulty of renting his property for other than land purposes only. He further stated he has received offers to buy his property contingent on R-3 zoning. He supported the Master Plan and concurred with the decision of the Planning Commission, Mrs. Albert Loganbill, 11012 Woodruff Ave., spoke in favor of the proposed apartments. Mr. Ivar Vedsted, 7906 Sixth Street, concurred with the statements in favor of the proposed apartments. Mr.. Albert J. Loganbill, 11012 Woodruff Ave., submitted a list of residents who are not present but who are in favor of the proposed apartments. Mayor Winton inquired if there was anyone present who wished to speak in rebuttal to the statements in opposition to the appeal. The following persons spoke in rebuttal to the statements in opposition to the appeal: Mr. C. E. Stirdivant Mr. J. B. Orme Mr. Ronald Legge Mr. Peter DesRochers It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote that the application and material submitted, including pictures and petitions, be included as a part of the record of the public hearing on Appeal, Zone Exception Case #1034, 11002 Woodruff Ave. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton commented regarding remarks made on the General Plan adopted in 1963. He said there were extensive public hearings both before the Planning Commission and the City Council, and many people throughout the City attended, including homeowner associations. He said Mr. Ray Noxel made an application before the City Council for a zone exception in this same area, and as a result of remarks made at that public hearing, he personally sent letters to over 30 property owners in the area in February 1964, asking them to attend a meeting on the General Plan. Councilman Morton stated there is no record in his file of anyone other than Mr. Stirdivant opposing R-3 zoning. He Council: Minutes 2/14/72 -4- commented further that the General Plan revision has been under study for over a year and the hearing was kept open to allow every person in the City the opportunity to voice his comments to the Planning Commission or the City Council. Councilman Morton stated he has sent out a yearly letter to every property owner in District #4, and on two different occasions has called attention to the General Plan. He said out of his entire District he has received a total of five comments regarding proposed revisions to the General Plan as it is being studied at the present time. He stated he is not in favor of commercial zoning for the Woodruff Avenue area. Councilman Morton said he would be in favor of taking the matter under submission to the first night meeting in April, at which time a final decision would be made by the City Council, and in the interim to allow the citizens to make a full presentation of their facts to the Planning Commission with regard to the General Plan. He said he would ask. Staff and the Planning Commission to consider points raised particularly by Mr. Ronald Legge with regard to the General Plan being developed on incorrect information. Councilman Morton stated he would request the citizens to appoint a committee to study the situation and make the presentation before the Planning Commission, and that he would ask the Planning Commission to review in detail the traffic pattern problem. He make reference to the ingress and egress problem at Stonewood Shopping Center on Woodruff. Councilman Morton concurred that there is a serious apartment problem in some areas in the City with regard to deteriorated conditions. After discussion by the City Council, City Attorney Sorensen stated if the City Council wishes to proceed along the general lines mentioned by Councilman Morton, it could continue the hearing to a time certain. He said the City Council may request the Planning Commission to review the General Plan application to this specific area and report back to the City Council prior to April 10th, however, he does not believe it is proper to have a discussion of the General Plan within the limitations of this particular hearing. He said he would suggest that the hearing be continued because the Code pro- vides that decision shall be made by the City Council within 40 days of termination of the hearing. I, was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #1034, 11002 Woodruff Avenue, to 7:30 p.m., April 10, 1972. AYES: 3 Councilmen: Morton, Hollis, Ferris NOES: 2 Councilmen: Jennings, Winton ABSENT: 0 Councilmen: None CLarifying his "aye" vote, Councilman Hollis explained that since the people feel they have been denied the right to be heard on the General Plan they will not be able to discuss it with the Planning Commission and present all their facts. Clarifying his "no" vote, Mayor Winton stated the General Plan hearing was held open for a continuous year and is still being heard by the Planning Commission, He said in reading through the Planning Commission Minutes he fails to find the name of anyone on the petition who has appeared or spoken at any of the General Plan meetings. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote that the Planning Commission be requested to restudy the specific area of Woodruff Avenue as it relates to the Revised General Plan for report back to the City Council, and that any interested personsshould submit to the Planning Commission their recommendations for any modification of the General Plan in this area by March 15, 1972. AYES: 3 Councilmen: Morton, Hollis, Ferris NOES: 2 Councilmen: Jennings, Winton ABSENT: 0 Councilmen: None The Mayor declared a recess at 10:20 p.m. The Meeting resumed at 10:38 p.m., with all Councilmen in attendance. Mayor Winton stated since there is a significant number of citizens present, the Meeting would skip over a portion of the Agenda to Oral Communications (City Manager's Report). He stated the City Manager has been requested to make some recommendations re- garding the Building and Property Rehabilitation Ordinance, and he requested that the City Manager make his recommendations at this time. City Manager Charles W. Thompson reported the recommendations are: Council Minutes 2/14/72 -5- 1. That controls be maintained and established with regard to safety factors to prevent blockage of sight pattern or parking in such areas that would consti- tute a safety hazard. 2. To maintain controls to prevent the blockage of necessary light and ventilation in any particular house, either where the vehicle or equipment might belong or in the adjacent building. 3. To control the access to use of garage facilities or parking facilities, 4. To control unnecessarily long storage on the public right-of-way or street, which is now 72 hours. 5. Provision for an appeals procedure in individual cases for circumstances where controls impose undue hardship where individual treatment under an appeals pro- cedure could provide proper remedy, the main things being the preservation of public health and safety and general cleanliness and proper upkeep of the neighborhood. The City Manager pointed out, however, that motorized vehicles consisting of any- thing less than a one-half ton truck containing a camper are not normally involved in these kind of controls. He said controls do apply to any vehicle parked in a required front or side yard setback area. It was moved by Mayor Winton to adjourn the Council Meeting of February 22nd to convene at the Council Chambers on February 28th at 7:30 p.m., and immediately adjourn to the Downey Theatre, and that in the interval a committee be set up, composed of the Mayor, Mayor Pro Tem, City Manager and City Attorney, to meet with a committee of representatives from the citizens present sometime between the 22nd and 28th of February, and that the Ordinance Relating to Building and Property Rehabilitation be held in abeyance, Responding to questions of the City Council, Mayor Winton stated his motion would be that he would meet with a committee composed of people selected by those present, irrespective of whether they live in the City or not, however, there should be some Downey representation. He said he would like to see the majority of the committee com- posed of people from Downey. After further discussion on the selection of a committee, Mayor Winton restated his motion. The motion was seconded by Councilman Jennings and passed by the following vote. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton said he has received a letter from the California Outdoor Recreational League which states that as the official representative of its members residing in Downey it is requesting that Section 8904f of Ordinance #407 be held in abeyance until the February 22nd Council Meeting. He said since the February 22nd Council Meeting is not an evening Meeting, an Adjourned Meeting has been scheduled for February 28th, which will be held in the evening. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to approve the Minutes of the City Council Meeting of January 25, 1972. Communication from Mr. Larry Chaney, Citizens Health d Sanitation Committee, re- questing Refuse Collection Contract Assignment from Lemons Disposal Inc. to Lemons Disposal Company. Communication from Mr. Michael Remington regarding Residential Refuse Collection and request for consent to transfer ownership from Lemons Disposal Inc. to Lemons Disposal Company. It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote to approve the requests for transfer of Refuse Collection Contract Assignment from Lemons Disposal Inc. to Lemons Disposal Company. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council. Minutes 2/14/72 -6- � Communication from the Honorable Frank G. Bonelli regarding Assembly Constitutional A-mendmen t. It was moved by Councilman Jennings, seconded by Mayor Winton, and passed by the following vote to refer the communication to Staff for preparation of a Resolution, AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City of Beverly Hills regarding Los Angeles County Wage Provisions. Received for information. Communication from City of Covina regarding Los Angeles County Wage Provisions. Received for information. Communication from Internal Revenue Service regarding Utility Users Tax - Deductible Status, There being no objections, the matter was referred to the City Attorney for report back to City Council. Communication from Mr. Ray Vara regarding Sponsor of Song on Nationwide Scale. Mr. Ray Vara appeared before City Council and stated he is singer and composer of a song entitled "Downey, California ZIP 90240". He played a tape recording of the song and requested City Council consideration to the City of Downey sponsoring the production and promotion of the song on a nation-wide scale. Responding to inquiries of the City Council, City Attorney Sorensen stated the City could sponsor the song under the general category of advertising and public relations and can be used in that way for furthering the name of the City. In reference to the Constitutional Amendment relating to the gift of public funds, Mr. Sorensen said if the sponsoring of the song is a promotional program for the City it could not be a gift of public funds. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote that a committee composed of Councilman Ferris, the City Manager and City Attorney meet with Mr. Ray Vara and his attorney and bring back a proposal to the City Council. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Attorney Sorensen requested that Mr. Vara's attorney send him an outline form of proposal. Communication from Ms. William G. Bonnar regarding Use of Property, 5554 E. Everest. Director of Planning William A. Goggin reported this matter came before the Planning Commission in the form of a complaint on chickens, and the owner of the chickens was granted a two-year extension of time for the non -conforming use of his property. He said in the past the policy has been not to notify the complainant of the hearing so as not to devulge his name, however, in this case Mrs. Bonnar, the complainant, wished to be notified and be present at the hearing on this matter. Mr. Goggin stated the Planning Commission has now established a policy that when any matter is brought before the Planning Commission for decision and there is a complainant, the complainant shall be notified of the time and place of the hearing. He suggested that this matter be referred back to the Planning Commission for reconsideration. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to refer the matter back to the Planning Commission for report and recommendation to the City Council. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City of Glendale regarding Los Angeles County Wage Provision. For information only. Council Minutes 2/14/72 -7- I Communication from City of Monterey Park regarding Amendment to Los Angeles County Wage Provision. For information only. Communication from Frank R. Gasdia requesting hearing on Appeal, Zone Exception Case 61010- It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1010, for 7:30 p.m., March 13, 1972, in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from County Board of Supervisors regarding Highways Through Cities, Stewart and Gray Road. Moved by Councilman Jennings and so ordered to receive and file. LEGAL CLAIMS RECEIVED Ref, #039, Billy Tucker, c/o Law Office, Supkoff, Brown & Michaels, 6380 Wilshire Blvd., Los Angeles Ref. #040, Calvin Sullivan, c/o Law Office, Supkoff, Brown & Michaels, 6380 Wilshire Blvd., Los Angeles Ref. #041, Donald Bogard,,c/o Law Office, Supkoff, Brown & Michaels, 6380 Wilshire Blvd., Los Angeles Ref. #042, Mrs. Dana Storts, 10625 Garnish Dr., Downey Ref. #043, Larry A. Buss, 4226 Lochlomond St., San Diego Ref. #044, John Allen Hendricks, 14331' Woodruff Ave., Bellflower Ref. #045, North American Vehicle Supply Co., 1102 E. Second St., Santa Ana LEGAL CLAIMS (For Council Action) Ref. #036-A, Thomas Gomez, c/o Tredway, Brandmeyer & Ward, Attorneys at Law, 11510 So. Downey Ave., Downey Ref. #036-B, Barry Liebrich, c/o Tredway, Brandmeyer & Ward, Attorneys at Law, 11510 So. Downey Ave., Downey It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to deny the legal claims of Thomas Gomez and Barry Liebrich. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3179, RELATING TO TRUCK ROUTES The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton referred to a complaint he had received regarding the parking of trucks and trailers along Paramount Boulevard between Florence and Firestone. It was moved by Councilman Ferris to refer the matter of parking of trucks and trailers on Paramount Boulevard between Florence and Firestone to the Traffic Committee for study, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SUBSECTION 30 TO SECTION 9127.1 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO ZONING Council Minutes 2/14/72 -8- Responding to questions by Councilman Jennings, Director of Planning William Goggin reported that the Ordinance states an employer must provide off-street parking for his employees over and above the required amount of spaces for customer parking. The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 1304 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO POWERS OF DEPUTIES AND ASSIGNMENT OF DUTIES 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 adopt Ordinance No. 415. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to reject the bids received on Cash Contract #300, Golden Park Concession Building. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING PURCHASE OF MATERIALS AND SERVICES AND THE CONSTRUCTION OF A CONCESSION BUILDING TO BE LOCATED AT GOLDEN PARK BY CITY EMPLOYEES The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. Responding to questions by Councilman Jennings, Director of Parks d Recreation James Ruth stated the major construction will be done by park personnel, and the esti- mated length of time for the construction will be 10 days with a three-man crew. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2658. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO SUBMIT CHARTER AMENDMENTS TO THE VOTERS PERTAINING TO ITS PREVAILING WAGE PROVISION The Resolution 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 Mayor Winton, and passed by the following vote to adopt Resolution No. 2659. Council Minutes 2/14/72 -9- 4.,. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING 'ME FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 46689 - 47195, $204,954.39 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-777. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-778 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. 17782 - 17980, $178,533.87) The Resolution was read by title only. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-778. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to award Cash Contract #SS-239 Unit 1 Seventh Street - Palm Tree Relocation, in the amount of the unit prices bid, to Brindle Tree Company of Huntington Beach, the lowest and best bidder, for relocation of seven (7) Washingtonian palm trees from Seventh Street to the future park site adjacent to Little Lake Road. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to authorize the Department of Public Works to acquire property at the appraised value in several-.1^cations on Cash Contract ';ASS-257 Stewart and Gray Road, West of Rives Avenue. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve 1971-72 Safety Light Program (Phase 7 of 10) and authorize issuance of a Purchase Order to Edison Company. AYES: 5 Councilmen; Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Mayor Winton, seconded by Councilman Jennings, and passed by the following vote to consider authorizing the relocation of the flashing signal beacon from Imperial Highway and Cornuta Avenue to Woodruff Avenue north of Ratliffe Street - Crosswalk Protection. Council Minutes 2/14/72 -10- AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Ferris, seconded by Councilman Hollis, and passed by the following vote to authorize Installation of Water Main in Seventh Street from LaReina to Downey Avenue, by Water Divisiop,crew, and authorize the following transfer of funds: Amount From. $3,500 A/C #86003 AYES: 5 Councilmen: Jennings, Morton, NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Hollis, Ferris, Winton To A/C #86072 It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to authorize initiation of Chapter 27 proceedings for sidewalk con- struction on Downey Improvement Project No. 626, East Side Gurley Avenue between Cole Street and Boyne Avenue. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Ferris and so ordered to take Downey Improvement Project No. 624 Cash Contract #SS-263 Old River School Road, under submission pending further investigation. It was moved by Councilman Ferris and so ordered to take Downey Improvement Project No. 625 Cash Contract #SS-263 Old River _School Road, under, submission pending further investigation. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to authorize Right -of -Way Exchange for Street Improvements at 11118 Woodruff Avenue. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to authorize the Mayor to sign the License Agreement for Easement across Denartment of Water and Power land for a six-inch (611) steel oioeline for flush - at Well Site No. 3U2 authorize the payment of the tiat AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to receive and file Report on Assessment District No. 117-P (Adoree Street, et a1). It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to grant Permission to Participate in Los Angeles County Cooperative Bid for 1972-73 Gasoline Fuel Requirements. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None CITY MANAGER'S REPORT City Manager Charles Thompson reported on the American Petrofina Exploration Co, Lease for mineral rights under Furman Park, which was rejected by the City Council at its last meeting. He said in further negotiations, American Petrofina has agreed to pay an increased amount of $950. per year plus a $50. preparation fee. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to accept the American Petrofina Exploration Co. Lease. Council Minutes 2/14/72 -11- AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton reported on Resolution Supporting the CSI Reapportionment Plan and stated the Plan is based on an Assembly District population of 249,600, with no deviation in any district of more than 500 citizens. Councilman Morton requested that the matter be taken under submission pending further clarification. He referred to a communication dated February 2, 1972, which indicates a plan to extend the 63rd district slightly more into the City of Norwalk and to withdraw completely from the City of Commerce. City Attorney<�Soren'sen suggested that Section 2 of the Resolution be extended to read, "That the City Manager be requested to arrange for representation in support of the CSI Plan in any legislative or judicial hearing," rather than limiting it to the Supreme Court. There being no objections, the Resolution Supporting the CSI Reapportionment Plan was taken under submission to the next City Council Meeting. City Manager Thompson stated in conformance with Section 2754 of the Employee Relations Ordinance, the Downey Police Officers' Association, the Downey Firemen's Association, and the Downey City Employees' Association have submitted the necessary requests of Recognition for Meeting and Conferring, and he recommended recognition be extended by the City Council, It was moved by Councilman Jennings, seconded by Mayor Winton, and passed by the following vote to recognize the Downey Police Officers' Association, the Downey Firemen's Association, and the Downey City Employees' Association for Meeting and Conferring. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson reportedson the position of Golf Course Superintendent. He said the person employed in that position is currently classified as a sub -foreman, and the Director of Parks & Recreation has recommended a classification to Golf Course Superintendent. He further explained that since this position was not negotiated by an employee group it was inadvertently omitted when the other employee positions were approved. Responding to questions by Councilman Morton, Director of Parks & Recreation James Ruth stated the Golf Course Superintendent has complete responsibility of maintenance and landscaping and care of the greens, which requires a great deal of expertise in preparing the greens, types of fertilization, and is also responsible for the irrigation system, maintenance of all the equipment, and purchasing of insecticides. He said the employee has spent a tremendous amount of time on the job and has attended several seminars with plans to attend others in the near future. It was moved by Councilman Jennings to hold the matter of Golf Course Superintendent under abeyance until Budget time. Motion died for lack of a second. Discussion continued regarding the filling of the position of Golf Course Superintendent, It was stated that the present Parks & Recreation employee classified as sub -foreman continues to perform the services of a Golf Course Superintendent, and it was also pointed out that the employee was told that he would be given full considera- tion for the position of Golf Course Superintendent if he was capable of meeting job performance standards. As stated above, the sub -foreman is meeting the Golf Course Superintendent requirements. Mr. James Ruth, Director of Parks & Recreation, again recommended that the position of Golf Course Superintendent be filled by the sub -foreman, inasmuch as this employee is a skilled landscape artist and has been performing the services of the Golf Course Superintendent for eleven months. RESOLUTION NO. 2660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE SALARY SCHEDULE FOR GOLF COURSE SUPERINTENDENT Council Minutes 2/14/72 -12- The Resolution was read by title only. It was moved by Mayor Winton, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Hollis, seconded by Mayor Winton, and passed by the following vote to adopt Resolution No. 2660. AYES: 4 Councilmen: Morton, Hollis, Ferris, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None City Manager Thompson reported that the Honeywell Information Systems, Inc. Agreement covering a five-year contract on a Model 058 Computer required an additional change regarding allocation of City funds for each succeeding fiscal period in the life of the Agreement. In order to satisfy this question, a new Addendum C has been drafted by the City Attorney stating that if funds are not allocated for a succeeding fiscal year and continue the leasing of substantially similar data processing equipment to con- form substantially similar functions, etc., the Lessee may terminate the agreement at the end of the then fiscal period, but shall be obligated to pay all charges incurred through the end of such current fiscal period. The Addendum also contains a 30-day notice clause wherein the City will notify Honeywell of a non -allocation of funds for a succeeding fiscal period. Also, the Addendum states that Honeywell shall provide for service response at least equal to the provision for such response as exists as of December 23, 1971. City Attorney Sorensen commented that he arrived at a satisfactory Addendum after considering various suggestions submitted by the legal staff of the Honeywell Corporation. After further discussion, it was moved by Councilman Morton, seconded by Mayor Winton, and passed by the following vote to approve the language contained in Addendum C of the Agreement with Honeywell Information Systems, Inc., and that the Mayor be autho- rized to sign after Honeywell has executed the Agreement. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Report of Director of Public Works regarding Water Rate Comparison. No action. ORAL COMMUNICATIONS City Attorney Sorensen stated the City has been served with a Petition for Writ of Mandate and Alternate Writ by Gary Ward, a former policeman. He said because of the time factor involved, he has proceeded to prepare the necessary documents and would request City Council authority to represent the City in this matter. It was moved by Councilman Hollis, seconded by Councilman Morton, and passed by the following vote to authorize the City Attorney to represent the City and all named respondents in a Court action pending against the Citv by former Policeman. Gary Ward. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Responding to a question by Councilman Ferris regarding the status of the Staff's Report on the Closing of Downey Schools, City Manager Thompson stated the matter is currently being studied by various departments with two Staff meetings scheduled this week, and an attempt would be made to have a report to the City Council by the next City Council Meeting, There being no further business to come before the City Council, the Meeting was adjourned at 12:30 a.m. �-E ROBERT L. SHAND, CITY CLERK DONALD H. WINTON, MAYOR Council Minutes 2/14/72 -13-