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HomeMy WebLinkAboutMinutes-07-25-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 25, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION.* PAGE NO. Five, Ten '& Fifteen Year Employee Awards 1 Five Year Service Award, Members, Hospital Auth. 1 Ten Year Service Award to Mayor Pro Tom Morton 2 Quarterly Zero Defects Awards 2 Lot Cleaning Program - Affirm assessments Approved 2 Minutes, Reg. Mtg, 6/27/72; Spec. Mtg. 6/27/72 Approved 2 Comm, from Lakewood re Avail. Registered Voters Lists Received & filed 2 Comm, from Southland College re Underground Utility Dist. #4 Received & filed 2 Hearing on Relocation Application, 7032' Di.nwiddie Set for 8/14/72 2 Comm, from James L. Stamps Foundation re Donation, Rio Hondo Golf Course Proj. - Accept donation; transfer funds; auth. City Manager to prepare letters Approved 3 Appeal, Z.E, Case #1055, 8019 Florence Ave, Approved with conditions & addition 3 Appeal, Z.E. Case #1010, 9981 Imperial Hwy. - Request for 6-mo, ext, to prepare plot plans & elevations Approved 4 Comm, from Century Dev, Co. re Opposition to Z,E, Case #1063, for rec, veh. storage lot Referred to Planning Dept. 4 Legal Claims (for information only) #068, Louise Cortes Legal Claims (for Council Action) #064, Wanda Lewis #065, Edithe Collins Denied 4 Ordinance #423, Renumbering DMC Sec. which relates to Animals, Birds, etc. & adding Sec. 4604, which relates to outdoor paging sys. Adopted 4 Ordinance Amending DMC Adding Part 1, Chpt. I, Art, IX, Sec, 9136 thru 9136.9, which relate to Planned Unit Development Introduced 5 Resolution #2704, Effectuating Memo of Undrstg, bet, City Manager & Firemen's Assn. dtd 7/5/72 Adopted 6 Resolution #2705, Effectuating Memo of Undrstg, bet. City Manager & Police Officers Assn. dtd 7/13/72 Adopted 6 Resolution re Addg. Sec. on Temporary Replacemt. Failed - Referred to City to Personnel Manual & Clarifying Vacation Accum7_. Manager for re -drafting 7 Resolution #2706, Providing Temporary Borrowing, Setting of Appropriations & Auth. Expenditures for Golf Course Driving Range Adopted 7 Resolution #WS-801 (Payroll) Adopted 7 Resolution 4PWS-802 (B Warrants) Adopted 8 CC #259, 24" Water Main Inst. - Acceptance of improvements & extra work Approved 8 CC #304, Lakewood Blvd. Center Island Landscaping - Acceptance of improvements; contract revisions; change in irrigation sub -contractors Approved 8 Page 1 of 2 COUNCIL MINUTES 7/25/72 TABLE OF MINUTE ACTIONS SUBJECT: ACTION: PAGE NO. CC #307, Cave1 St. Sewer, Patton Rd. 59 2351 Ely. - Acceptance of improvements & cost distribution Approved 8 CC #SS-253, Stewart & Gray Rd. at Patton Rd. - Acceptance of improvements; payment of extra work Approved 8 - Report on Studebaker Rd. Traffic Study, Vicinity of Benfield Ave. (Z.E. Case #1000) No action 8 Storm Drain, Woodruff Ave. & Foster Rd. - Preparation of Agmt, for Downey°s participation Approved 8 Sidewalk Matching Funds Approved 9 Paving Matching Funds Approved 9 Report, Const, of Relief Sewers, 2nd St.; Tweedy Ln.-Lubec St.; Samoline Ave.. Received. & filed 9 Rental Fees - Theatre & Recreation Center Approved 9 Federal Aid - Urgan Highway Funds - one-half pro rata share Approved 9 California State Library Processing Center - To join & auth. Mayor to sign agmt, Approved 10 Amendments to Business License Code No action 10 Report on status of 24 Acre Park No action 10 Report on status of 105 Freeway No action 10 Recommended programs - Employment of Senior Citizens; Centralized Motor Pool with 'Maintenance Referred to City Manager Capabilities for Study 11 105 Freeway - Authorize Mayor (or Mayor Pro Tem) and City Manager to take remedial action necessary Approved. 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 259 1972 The City Council of the City of Downey held a regular meeting at 8:00 a.m., July 25, 1972, in the Council Chambers of the Downey City Hall, Mayor Pro Tem Thomas H. Morton. presiding, PRESENT: Councilmen: Jennings, Morton, DiLoreto, Temple ABSENT: Councilmen: Winton ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen., City Attorney Ervin Spindel, Director of Public Works Richard D. Patton, Director of Finance 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 Robert L, Shand, City Clerk Judy McDonnell, Executive Secretary The Flag Salute was led by Mr, Foster, Mr, Keith Corzine, representing the local office of the Automobile Club of Southern California, presented to the City Council a Citation for Downey's special effort in Pedestrian Safety, With the assistance of City Manager Charles Thompson, Mayor Pro Tem Morton presented five, ten, and fifteen year awards to City employees and extended appreciation of the City Council to the following for their service to the City: Five Year Award Mary McDonald, Finance Eunice Swartley, Library Nancy Rudd, Police Hope Hanrahan, Police Doris Dahout, Planning David Kelly, Police James Martin, Police Dwight Hooker, Police Wayne Rector, Police John. Lynch, Police Pete Parsons, Police William Rundell, Police Russell Reynolds, Finance Robert McDearmon, Fire Louis Jevas, Fire Vito Frosso, Fire Frank Cochran, Parks & Recreation Donald Fritz, Parks & Recreation Fifteen Year Award Le Keyser, Finance Dept, Royal M, Sorensen, City Attorney Robert Gain, Fire Chief Loren Morgan, Police Chief Jack Martin, Police Robert Topliff, Police Joseph Guthrie, Police Ten Year Award Helen Clark, Personnel Peggy King, Finance Irene McGary, City Manager's Office Ervin Spindel, Public Works Nicholas D'Amore, Public Works Kermit Fa.gernes, Public Works John Norwood, Fire Raymond Graesser, Fire Charles Ruhlen, Fire Clarence Baloun, Fire James Mann, Police Robert Woodbury, Police Thomas Dangerfield, Police George Snyder, Police Al Soule, Police Bill Goggin, Planning Director Mike Fox, Building Maintenance With the assistance of City Manager Charles Thompson, Mayor Pro Tem Morton presented five year awards to the following persons for their service to the City: Roy Strain, Hospital Authority C. Larry Hoag, Hospital Authority Demos Shakarian, Hospital Authority Council Minutes 7/25/72 -1- Fl ... � 4 ", 17 Mrs, Inice Durham, Executive Secretary to the Mayor and City Council, presented to Mayor Pro Tem Morton a ten year award for his service to the City as a City Councilman. She referred to his terms as Mayor and said he has been a conscientious and dedicated public servant. Mayor Pro Tem Morton`s daughter, Janice, affixed the service pin to his lapel. With the assistance of Public Works Director Spindel and Janice Morton, Miss Public Works, Mayor Pro Tem. Morton presented Quarterly Zero Defects Awards to Louis Hernandez, Water Division, and Ross Morrow, Engineering Division. Mayor Pro Tem Morton introduced two Downey High School summer classes attending the meetings One an American Political Institutions class and coordinator, Mr. Al Kent; the other, an American Government class and instructor, Mr. Jim Algood. With the assistance of Councilman Jennings, Mayor Pro Tem Morton welcomed visiting students from Downey°s Sister City of Guadalajara and presented cards to the students designating each as an Honorary Citizen of Downey. Mayor Pro Tem Morton declared that this is the time and place for the public hearing on Lot Cleaning Program, He inquired if the City Clerk had the Affidavit of Mailing, to which the City Clerk responded in the affirmative, It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to receive and file the Affidavit, Mayor Pro Tem Morton inquired if the City Clerk had received any written protests, and the City Clerk replied he had not. Public Works Director Spindel recommended confirmation of the assessments for lot cleaning work which has been done during the 1971-72 fiscal year. He said the total amount for 382 parcels is $16,502,96, Mayor Pro Tem Morton inquired if there was anyone present who wished to speak in protest to the Lot Cleaning Program, and there was no response. _._ It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to close the hearing on Lot Cleaning Program., It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to affirm the assessments upon property which has been cleaned during the previous fiscal year on the Lot Cleaning Program. AYES- 4 Councilmen. Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman DiLoreto, to approve the Minutes of the Regular Cit Special Called Meeting -(Budget Hearing) e seconded by Councilman Temple, and so ordered Council Meeting of June 27 1972 and the June.27. 1972. Communication from. City of Lakewood regarding Availability of Registered Voters Lists to Candidates for Municipal Office. It was moved by Councilman Jennings and so ordered to receive and file, Communication. from. Southland College regarding Underground Utility District #4, It was moved by Councilman Jennings and so ordered to receive and file. Communication from County of Los Angeles Road Department regarding Aid to Cities Ordered filed. Communication from Public Utilities Commission regarding Electric Transmission Facilities. Ordered filed, Communication from W. P. Fritsche, Assistant Director of Building b Safety, requesting a Hearing on Relocation Application 7032' Dinwiddie, It was moved by Councilman Temple and so ordered to set a hearing on Relocation Application, 7032� Dinwiddie, for 7s30 p,m,, August 14, 1972, in the Council Chambers of the Downey City Hall. .Council Minutes 7/25/72 -2- Communication from James L. Stamps Foundation regarding Donatin Rio Hondo Golf Course Project. For the benefit of the visiting students, Counco ilman ,ennings gave a brief explanation regarding the City's purchase of the Golf Course from Mr, James Stamps. He stated the water system is antiquated and will not do the job required of it; that Mr. Stamps has requested the Foundation to donate to the City one-half the cost of a complete new water system, up to $75,000; and if the City does not come up with the other half of the cost, the $75,000 will be withdrawn, City Manager Thompson recommended that the City accept the grant and that the City's share of the cost be taken from the Capital Improvement Fund -Civic Center money. Discussion followed, It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to accept the offer of the James L. Stamps Foundation, per Letter sub- mitted by Mr. Maurice McAlister; that the City undertake the necessary transfer of funds from the Capital Improvement Fund to proceed with the installation of a new irrigation system at the Rio Hondo Golf Course; and that the City Manager prepare for the City Council a letter to the Stamps Foundation and a personal Letter to Mr. James L. Stamps. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Communication from Planning Commission regarding Appeal, Zone Exception Case #1055, 8019 Florence Avenue, Referring to Condition #5 as proposed by the Planning Department, Mayor Pro Tem Morton indicated he would request "or exits" added after the word "entrances" to read, ",...., no entrances or exits.,,.,,." For the benefit of the visiting students, Councilman DiLoreto explained what has transpired to date on the zone exception case regarding the sale of beer and wine at a restaurant. It was moved by Councilman Temple and seconded by Councilman Jennings to reverse the decision of the Planning Commission and grant approval of Appeal, Zone Exception Case #1055, 8019 Florence Avenue, with the eleven Conditions established and the addi- tion to Condition #5, as requested by Mayor Pro Tem Morton. Discussion followed regarding Councilman Jennings' request to omit Conditions #6, 7, 8, 9, and 10. Planning Director Goggin explained that Condition #10 should be re- tained because poles are required by the City for hanging street lights. Councilman Jennings was agreeable to retaining Condition #10. Planning Director Goggin explained further that there are no requirements available under a C-4 zone, and these conditions were established only as a means of control. He said no control exists for signs on business establishments, Councilman Jennings said the demands for trash area fencing should not be imposed on anyone in Downey until the City has taken similar steps with the area behind the Police Department and west of the Bank Annex building, Roll call vote: AYES: 3 Councilmen: Jennings, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton ABSTAIN: 1 Councilmen: DiLoreto Councilman Temple inquired when a zone exception is referred back to the Planning Commission for conditions, is the Commission required to submit the conditions, or can the Commission simply deny the request as was done in this matter. Mayor Pro Tem Morton replied in his opinion the Commission should have submitted the conditions requested. Councilman DiLoreto said he thinks the Planning Director should become a very strong advocate of the City Council when recommended changes are requested from the Planning Commission by the City Council. Communication from Planning Commission regarding request for six month -extension of time on Appeal, Zone Exception Case,-#1010,; 99' 1. Imperial Highway., Council Minutes 7/25/72 -3- It was moved by Mayor Pro Tem Morton, seconded by Councilman DiLoreto, and passed by the following vote to grant to the applicant an additional six month extension of time on Appeal, Zone Exception Case #1010, 9981 Imperial Highway, to prepare required plot plans and elevations, AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES,, 0 Councilmen: None ABSENT: 1 Councilmen: Winton Communication from the Secretary of Transportation regarding Urban Mass Transporta- tion. Ordered filed. Communication. from Century Development Company regarding Opposition to Zone Exception Case 0063, for a recreational vehicle storage lot on Imperial Highway east of Kingswood Village, Referred to the Planning Department. Planning Director-�:oggin explained the matter has been heard before the Planning Commission and the appeal period for protesting has elapsed. LEGAL CLAIMS (for information only'? Ref, #068, Louise Cortes LEGAL CLAIMS (for Council action, Ref, #064, Wanda. Lewis Ref, #065, Edithe Collins It was moved by Cou-<cilman Jennings, seconded by Councilman Temple, and passed by the following vote to deny the legal claims of Wanda Lewis and Edithe Collins and referred to the insurance carrier, A7VES,, 4 Councilmen. .7ennings, DiLoreto, Temple, Morton NOESa 0 Councilmen. None ABSENT,, I Councilmen; Winton ORL--NANCE^ NO. 423 AN ORLIN.3._�'CE OF Ti.E C.TY COUNCIL OF THE CITY OF DOWNEY RE'NL�IBERIN'v SECTION 4604 0! THE DOWNE'Y MUNICIPAL CODE FRONT 4604 '10 4605, WHICH SAID SECTION RELATES TO AN`-MALS, B`.RDS, ETC. A_V`D ADDING TO SAID CODE SECTION 4604, Wr'ICH SAID SECTION RELATES TO OUTDOOR PAGING SYSTEMS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman .Jennings, seconded by Councilman. Temple, and passed by the following vote to adopt Ordinance No. 423� AYES,, 4 Councilmen.° Jennings, DiLoreto, Temple, Morton NOES- 0 Councilmen: None ABSENT; 1 Councilmen,., Winton For the benefit of the visiti�ig students, Councilman Temple explained the purpose of an Ordinance relating to Planned. UYdit Development and what has transpired to date. Planning Director noggin explained the criteria used in determining the R-2 and R-3 density factor per gross acre, He answered questions of the City Council. Councilman Jennings, after taxing served as a City Council committee of one on the Planned Unit Development Project, stated he is in agreement with the Planning Commission's request for necessity of additional off-street parking, He said, however, that he disagrees with the Commission's opinion that curbside sidewalks should be deleted, and he strongly suggested they to added on Page 9, Lines 13-16, of the proposed Ordinance. The City Attorney was ordered to make the change. Councilman Temple asked questions of Planning Director Goggin pertaining to the 25% density incentive. Council Minutes 7j25j72 -4- Discussion followed, City Attorney Sorensen commented that he has made some changes in the title of the Ordinance so it would fit the Municipal Code, and also the word "part" has been substi- tuted for the word 'ordinance" in a number of places throughout the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING PART 1 TO CHAPTER I OF ARTICLE IX, SECTION 9136 THROUGH 9136.9 WHICH SAID SECTIONS RELATE TO PLANNED UNIT DEVELOPMENT The Ordinance was read by title only, It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance, AYES; 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen° None ABSENT; 1 Councilmen., Winton Mayor Pro Tem. Morton declared a recess at 9,30 aim, The meeting resumed at 9:45 a.m. with Councilmen. Jennings,, DiLoreto, Temple, Mortonpresent; Councilman Winton absent. Mayor Pro Tem Morton indicated there were two or three people in the audience who wished to comment regarding introduction of the Planned Unit Development Ordinance. The following persons expressed their gratitude to the City Council, Councilman Jennings, City Manager, Planning Commission, and Planning Department for their cooperation and efforts in working with the citizens to bring about the introduction of the Planned Unit Development Ordinan Ce, Mr, A. A, D'Alessan.dro, 11607, Paramount Blvd, Mrs, Earl 1, Gregg, 8638 5th Street Mrs, Terrance Cunnngham Mr, Anderson - Councilman Jennings and Mayor Pro Tem Morton. extended their appreciation to Planning Dt.rector Goggin.. arid" the Planning Department, who spent many hours of overtime on the preparation of the Planned Unit Development Ordinance, City Attorney Sorensen reported on the Resolution Effectuating the Memorandum of Understanding between the City Manager and the Downey Firemen's Association, which was referred to him for legal opinion at the last City Council meeting, Referring to Section 4, pertaining to the "procedure for securing the 12% at 501 benefits for sworn Fire employees," which is the CHP Plan, Mr, Sorensen stated the provisions relating to that benefit or class of benefits is contained in a specific Government Code Section, 2125201., and the section says, "This section shall not be effective unless an election is made by the proper agency". He said he has reached the conclusion that if this section is adopted or placed into the contract by election of the City Council, then any subsequent amendment to that section. which was not an elective amendment would be binding upon the City Council. Mr. Sorensen stated the City Manager conferred with the adminis- tration of the Public Employees Retirement System., and it was determined the contract could be amended to provide that the section would be effective in the future. He said, however„ :f the election is made and the section is amended, the City Council would be bound by the amendment and not by the way the section reads at the present. Mr. Sorensen explained the PERS .stated it could not be done so as to amend the contract now to provide that this section would apply., but would apply only in the language as it presently exists. He said if the City Council elects to be bound by the provisions of this section, then subsequent amendments to the section would be applicable to the City, City Manager Thompson added that the agreement between the City and the Firemen's Association does cover the plan as it now exists, Discussion followed. City Attorney Sorensen suggested changing the agreement to read, "That the City Manager is authorized to initiate procedures for securing an amendment in the appropriate Council Minutes 7/25/72 -5- Government Code. Sections so.that the 2% at 50 benefits for sworn Fire employees may be effective January 1, 1974, without being subject to change by the legislature without approval by the City", City Manager Thompson said the agreement that was reached between himself and the Firemen's Association had to do with the 2% at 50 benefits, and if the agreement is ratified on that basis, any subsequent change could be a matter of further negotiation between himself and the Firemen's Association, Discussion followed, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EFFECTUATING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY MANAGER AND THE DOWNEY FIREMEN'S ASSOCIATION DATED JULY 5, 1972 The Resolution was read by title only, It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Temple and seconded by Councilman Jennings to adopt the Resolution, AYES: 2 Councilmen: Jennings, Temple NOES: 2 Councilmen: DiLoreto, Morton ABSENT; 1 Councilmen: Winton Mayor Pro Tem Morton requested that the Resolution be reconsidered and Section 4 be changed, City Attorney Sorensen stated Section 4 could be amended to read: "That at the appropriate time so that the benefits would be effective as of January 1, 1974, the City Manager is authorized to initiate the procedure for securing such benefits as of such date for sworn Fire employees upon the condition that such benefits are available in accordance with the Public Employees° Retirement System law as of that date," Mr. Sorensen said if the Language has been added to the Resolution by the City Clerk, he would suggest that the title be re -read, RESOLUTION N0, 2704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EFFECTUATING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY MANAGER AND THE DOWNEY FIREMEN'S ASSOCIATION DATED JULY 5, 1972 The Resolution was read by title only, It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, 2704, AYES: 3 Councilmen: Jennings, Temple, Morton NOES: 1 Councilmen: DiLoreto ABSENT: 1 Councilmen: Winton RESOLUTION N0, 2705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EFFECTUATING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY MANAGER AND THE DOWNEY POLICE OFFICERS ASSOCIATION DATED JULY 13, 1972 The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, 2705, Council Minutes 7/25/72 -6- AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton City Manager Thompson reported on the Resolution Adding a Section of Temporary Replacement to the Personnel Manual and Clarifying Vacation Accumulation. He said the change in the Personnel Manual does provide a definite policy as to the conditions under which a person would be required to work in a higher position for a period exceeding 20 working days. He stated the idea being that a person would be normally expected to fill a position of a superior for a vacation period, but if he is asked to _ fill that position exceeding 20 working days, or four weeks, there would be compensa- tion effectively of not less than 5� for filling that position on a temporary or semi- permanent basis. Mr. Thompson stated further that this would be exercised for an extended leave of absence or illness and not for vacation relief. Discussion followed. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING A SECTION ON TEMPORARY REPLACEMENT TO THE PERSONNEL MANUAL, AND CLARIFYING VACATION ACCUMULATION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings and seconded by Councilman Temple to adopt the Resolution. AYES; 0 Councilmen.: Non.e NOES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton ABSENT: 1 Councilmen: Winton After further discussion, the Resolution was referred back to the City Manager for re -drafting, RESOLUTION NO. 2706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE TEMPORARY BORROWING OF FUNDS, SETTING OF APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR THE GOLF COURSE DRIVING RANGE The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2706, AYES: 3 Councilmen: Jennings, Temple, Morton NOES: 1 Councilmen: DiLoreto ABSENT: 1 Councilmen.: Winton RESOLUTION NO. WS-801 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. 52450 - 52980, $210,884.68 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. WS-801. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 7/25/72 -7- 7 RESOLUTION NO. WS-802 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. 20625 - 20799, $470,595.96) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, WS-802. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #259 24" Water Main Installation, and approve extra work in the amount of $900. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #304, Lakewood Blvd. Center Island Landscaping, and contract revisions at a net increase of $579, and approve a change in irrigation sub -contractors. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the improvements completed on Cash Contract #307, Cavel Street Sewer, Patton Road to 235 feet easterly, and approve the cost distribution. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to accept the traffic signal improvements constructed under Cash Contract #SS-253, Stewart and Gray Road at Patton Road, and authorize payment of the extra work incurred. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Public Works Director Spindel reported on the Studebaker Road Traffic Study, Vicinity of Benfield Avenue (Zone Exception Case #1000), conducted by the Traffic Committee. He said the Traffic Committee recommended stopping be prohibited along the west side of Studebaker Road from the Freeway -off -ramp to the southerly boundary of the proposed development for safety and visibility; that a 2280 long raised concrete median be installed on Studebaker Road to provide a left turn pocket northbound into the entrance immediately opposite Benfield Avenue; that the developer has agreed to pay for installation of the concrete median. Mr. Spindel further stated the residents are to be contacted regarding the left turn access, and the matter will be brought back to the _.. Traffic Committee at its next meeting. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to approve preparation of an Agreement for the City of Downey's participation in a Storm Drain, Woodruff Avenue and Foster Road. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 7/25/72 -8- It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 129 7132 Dinwiddie Street $ 96.00 --"' 7/.00 piara 137.00 �'..w 7 E 04"..u°�u'� L To Mayor and Mezrbers of City Council 4 F8'orn Robert L. ShandR City Clerk Date August 14 1972 .:'C?¢:5 - Counc l Minutes of July 25th Correction to Minutes of July 25. 1972 - Reference Page 9, Paragraph 7, fourth sentence (second paragraph from bottom of page)... Sentence now reads: Mr. Spindel recommended that Downey elect to receive one-half its pro rata share, $116,257, for a top priority project of widening the Florence Avenue Bridge over the Rio Hondo Channel. The sentence should read: Mr. Spindel -recommended that Downey elect to receive one-half its pro rata share, $36,257. The top priority project in Downey would be widening the Florence Avenue Bridge over the Rio Rondo Channel. FobertrL. Shand cc: City Manager Council Minutes 7/25/72 AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton REPORTS Mrs. Ruth Miller, City Librarian, explained the procedure for securing bids on the contract for library books for each fiscal year. She said for the last five years the City has contracted with Baker d Taylor Co. of Reno, Nevada, and the company has been the most successful provider because it can supply books from more publishers than any other source; its billing is the most accurate; and the service is very satisfactory. City Manager Thompson reported on an unsuccessful attempt to enter into an agreement with the California State Library Processing Center and the problems involved during the 1970-71 fiscal year. He said the State has revised the procedure to simplify the arrangement, and he concurs with the City Librarian's recommendation to now join the system. He said the cost will be about $4200 a year, which would be offset by the fact that the City would save the same amount in changing the copying machine. Mr. Thompson stated other savings would also be realized because through the processing center the City would secure a greater percentage of discounts, approximately 4% more than it now receives under present bid arrangements. He spoke of the hours that will be saved in casual time that is now utilized for cataloging. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to join the California State Library Processing Center and authorize the Mayor to sign the Agreement. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton City Manager Thompson presented for general information proposed Amendments to the Business License Code which include: A re-evaluation of the vending machine fee schedule to make it more equitable; re-wordng,of principal solicitors' category to eliminate ambiguities; and, a dual process in the administration of licenses to allow for appeal. ORAL COMMUNICATIONS Mr. Tom Wimmer, President of the Firemen's Association, conveyed his appreciation to the City Council for adopting the Agreement and to Mr. Thompson for working with the Association. Mr. Lee Backey, member of the Downey Space Toastmasters Club 513F, described the club's interests in the community and urged the City to take advantage of the services and programs the club provides. Dr. E. Richard Mertz, 2408 Via Lucia, Montebello, Division Governor of Toastmasters International, reiterated the comments of Mr. Backey and extended an invitation to the City Council to attend a Toastmasters meeting. Parks Director Ruth reported on the status of the 24 Acre Park. He said the archi- tect's plans have been submitted, along with the landscaping and electrical plans; the building plans have been submitted and completed. Mr. Ruth stated competitive bids on the grading are expected to go out in the near future. He commented on pending legisla- latibn co-authored by Assemblyman Porter, Assembly Bill 455, which would eliminate the 200' limitation, and he urged Council support of the legislation. Mayor Pro Tem Morton commented that citizens groups have expressed an interest in donating various items to the 24 Acre Park. He suggested that Mr. Ruth contact Assemblyman Porter by telephone in an effort to expedite passage of A. B. 455. Speaking to the status on the 105 Freeway, Public Works Director Spindel reported that a meeting was held with a representative of the Division of Highways, and there was clarification of portions of the preliminary injunction: That homes purchased by third parties for moving prior to July 7th may be moved; All property which escrows were entered into between the State and the owner prior to July 7th will be permitted to close escrow, providing the owner executes an affidavit indicating he has been informed by the State he has a right to cancel if he so desires -- if the owner desires to continue the escrow he waives the right to cancel; All property in double escrow will be allowed to close; Property owners who wish their property acquired by the State must voluntarily notify the Division of Highways and will be required to execute an affidavit stating it Council Minutes 7/25/72 -10- was a voluntary request -- all requests will be subject to approval by the Court prior to any acquisition; Relocation assistance program payments will be continued. Mr. Spindel stated the State is preparing an informational letter to be sent out to all residents in the Freeway corridor to inform them of the procedures if they wish to sell their property. Mr. Spindel said in the case of vacant properties and clearing them, the procedure would be to submit an affidavit to the State to declare individual properties as a hazard to health and safety. He stated if the Court declares the property to be a hazard, the homes could be demolished or sold to he moved, but each property would have to be handled on an individual basis. (It was noted that the Directors of Public Works and Building & Y Safety have been designated by the City Manager to execute the appropriate affidavits.) Mayor Pro Tem Morton commented on a $1,000,000 Law suit that has been filed against the City for punitive damages, and the City's insurance carrier has referred the matter to Veatch, Carlson, Dorsey & Quimby, one of the outstanding law firms in this field. He said, however, the City's policy does not cover punitive damages, although the carrier's attorney will certainly defend the case for the carrier and also on behalf of the City. Mayor Pro Tem Morton stated if there is any award of punitive damages it could feasibly come out of General Funds or a contingency fund. He said the City Attorney has"been instructed to work closely with the law firm representing this case. Councilman Jennings urged a continuing program that will permit the Employment of Senior Citizens, two at a time on a casual basis, for four -month periods, at a salary which would be below the maximum allowable to permit the senior citizens to remain on Social Security. He named various departments in the City in which a senior citizen could work, and he spoke of the benefits to both the City and the senior citizen. Councilman Jennings requested within a period not to exceed three years a Centralized Motor Pool with Maintenance Capabilities, and he spoke of the savings that would result. He asked that the City Manager prepare a detailed, workable program at the September 11, 1972 meeting on both matters. There being no objections, the matters of employment of senior citizens and a centralized motor pool with maintenance capabilities were referred to the City Manager for study. Councilman DiLoreto voiced his concern over the future of the 105 Freeway. He said <reas now cleared will be subject to infestation of weeds and overgrowth that could jeopardize the aesthetic value of adjoining properties and could have a far-reaching effect upon Downey's citizens. Mayor Pro Tem Morton suggested the City Council go on record and authorize the Mayor (or Mayor Pro Tem) in conjunction with the City Manager to take whatever action and write whatever letters are necessary to present the City's position on the Century Freeway, as the case may be. It was moved by Councilman DiLoreto that the Mayor (or Mayor Pro Tem) and City Manager be authorized to take whatever remedial action is necessary to expedite the difficulty over the 105 Freeway, taking into consideration the hardship that will be placed upon the citizens of Downey, and that such authority will include, subject to Council approval, appropriate Legal action, if that is deemed necessary at a future date, and any expenditure shall not exceed $3,000. Discussion followed. The motion was seconded by Councilman Temple. Roll call vote: AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mayor Pro Tem Morton delegated Councilman DiLoreto, as a committee of one, to act in his absence to cover any immediate matters that might arise in the Freeway matter. Councilman Temple reported that the Apartment House Survey Committee has been com- pleted, and a meeting has been tentatively scheduled for Tuesday evening, August 1, 1972. Council Minutes 7/25/72 -11- n Fire Chief Cain expressed his appreciation to the City Council and the City Manager for their action taken on the Firemen's salary negotiations There being no further business to come before the City Council, the meeting was adjourned at 11:29 a.m. ROBERT L. SHAND, CITY CLERK Council Minutes 7/25/72 -12- s" )O-ryy (mot THOMAS H. MORTON, MAYOR PRO TEM