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HomeMy WebLinkAboutMinutes-09-11-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 11, 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. Resolution #2721, Ordering Annexation to Downey City Lighting Dist, (Annex. 72/15 & 72/16) Adopted 1 Resolution #2722, Confirming Assessment for Chapter 27 for D.I.P. #630, N/s Cheyenne Ave. bet. Brock & Gneiss Aves. Adopted 2 D.I.P. #631, Site 1 & 5, S/s Cheyenne Ave. bet. Brock & Gneiss Aves, Continued to 10/9/72 4 D.Y.P. #632, Sites 1, 3, 4 & 6, N/s Cheyenne Ave. Paramount to Brock; D.I.P. #633, Sites 1, 2 & 3, S/s Cheyenne Ave. from Paramount to Brock Continued to 10/9/72 4 Appeal, Z,E, Case #1067, 7970 Brookmill Rd. - Proposed modifieation Ref. to Planning Commission 5 Protest of Kenneth J, Miller on amount of Protest denied; amount Utility Users Tax claimed by the City to be due confirmed 5 Revocation of Certificate of Occupancy, Governale Enterprises - 8100 Nance St. Continued to 10/9/72 5 Minutes, August 14, 1972 Approved 6 Minutes, August 22, 1972 Approved 6 Appeal, Zone Exception Case #1073, 11832 Paramount Blvd. Hearing set for 10/9/72 6 - Co=m. from Hollydale American Legion re Real Ref. to Councilman Jennings Estate Transfer & City Manager for report 6 Legal Claims (for information only) #069, Freddy A. Sierra #071, Carlos Carranza & James T. Sarate No action 6 Ordinance Adding Chapter 8 to Art. VI DMC re Miscellaneous Sales Failed 6 Ordinance Amending DMC Sec. 3179 Re Truck Routes Introduced 7 Resolution 02723, Apprvg. Agmt, for Maint, of State Hwys. within City Adopted 8 Resolution #2724, Ord. Dir, Public Works to Make Report (Annex, 72/17 & 72/18) Adopted 8 Report on Annex, 72/17 S. 72/18 Accepted 8 Resolution #2725, Decl, Int, to Annex to Downey City Lighting District (Annex. 72/17 & 72/18) Adopted 8 Resolution #2126, Decl. Objection to Sale to Public of Parcel of Land, Parcels 2832, 2834, 2837 2838, 2847, Sale 96-A Adopted 9 Resolution #2727, Apprv. Agmt. for Purchase by City of State°s Title to Certain Lands Within City Adopted 9 Resolution #WS-808 (B Warrants) Adopted 9 Resolution #WS-809 (Payroll) Adopted 9 Page 1 of 2 COUNCIL MINUTES SEPTEMBER 11, 1972 TABLE OF MINUTE .ACTIONS SUBJECT - CC #SS-281, Wiley Burke Ave,, d CC #318, Unit 29 Noren St, - Plans, specs d authority to advertise CC #318, Unit 1, Pangborn Ave., Via Amorita to Florence Ave. Service Rd. - Award of contract CC #303, unit 2, Downey Rio Hondo Golf Course Driving Range Fencing - Award of contract CC #303, unit 1, Downey Rio Hondo Golf Course Driving Range Structure - Change in subcontractor Storm Drain (SS Project #284) Woodruff Ave, and Foster Rd., - Agmt, with City of Bellflower & appropriation of funds CC #309, Tree Removals at Various Locations - Acceptance of improvements R/W Acquis, A-3084, Stewart S Gray Rd. Rowney Community Hospital - Proposed Expansion Centralized Equipment Maintenance of City Vehicles Audit of Rubbish Contractors Financial Records Refunding of utility Users Tax Budget Review Committee Dissolution of Capital Outlay Control Step Page 2 of 2 ACTION, PAGE NO. Approved 9 Approved 10 Approved 10 Approved 10 Approved; Mayor authorized to sign 10 Approved 10 Approved 10 Approved with stipulation 11 No action 11 No action 11 Request for adjustment 12 Request for continuing reviews 12 Request by Mayor 12 MN'JTE,S OF THE CITY COUNCIL OF THE CITY OF DOWNEY SEPTEMBER 11, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., September 11, 1972S in the Council Chambers of the Downey City Hall, Mayor Donald H. Winton presiding, PRESENT, Councilmen^. Jennings, Morton, DiLoreto, Temple, 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 Richard D. Patton, Director of Finance James D. Ruth, Director of Parks & Recreation Ray Lake, Director of 'Building & Safety Loren D, Morgan, Police Chief Donald Warren, Deputy Fire Chief Francis Carter, Assistant Director of Planning Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The It.vocation was delivered by Councilman Morton, followed by the Flag Salute led by Councilman DiLoreto. With the assistance of Mayor Winton, Public Works Director Spindel presented to William A. Ralph a certificate in honor of his obtaining a State of California License as a Registered Civil Engineer. Mayor Winton declared. teat this is the time and place for the public hearing on Downey City Li hting District Annexation 72./15 and 72/16. He inquired of the City Clerk if he ha'. the Affidavit of Posting of Notice and Affidavit of Publication, to which the City CLark respanded iuL the affirmative, It was -roved by Co ^cilman Morton, seconded by Councilman Temple, and so ordered to - receive and file the AYfida.vits. Mayor Wi,.ton inquired of the City Clerk if he had received any written protests, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present who wished to speak in protest to the annexation, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to close the hearing on Downey City Lighting District Annexation 72/15 and. 72/16. Ax'ES, 5 Couzcilmene Jennings, Morton, DiLoreto, Temple, Winton NOES 0 Councilmen6, None ABSENT- 0 Councilmen; None RESOLUTION NO. 2721 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING; ANNEXATION OF A CERTAIN AREA TO THE DOWNEY CITY LithTP.NC. DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 72/15 AND 72/16) 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. 2721. Council Minutes 9/11/72 -1- C,r, '?, -7 AYES- 5 Councilmen_- .Jennings, Morton, DiLoreto, Temple, Winton NOES 0 Councilmen. None ABSENT- 0 Councilmen- None Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 630, Site 1, North Side of Cheyenne Avenue between Broc and Gneiss Avenue, He inquired of the City Clerk if he had the Affidavit of Posting o Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Temple, 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. Public Works Director Spindel reported the work on this project has been completed under provisions of Chapter 27 proceedings. He said the total cash assessment for the work, including engineering, administration and inspection, is $97.20, and should it be placed on the talc ;roll for a one-year assessment, the interest for one year will be $1,18, or a total of $104.38. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to accept the report of the City Engineer. Mayor Winton inquired if there was anyone present who wished to speak in protest to the improvement, and there was no response. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to close the hearing on Downey Improvement Project No. 630, Site 1, North Side of Cheyenne Avenue between Brock and :>neiss Avenue. RESOLUTION NO. 2722 A RESOUiTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING TH-E ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 630, NORTH SIDE OF C't+EYEiNNE AVENGE BETWEEN BROCK AND GNEISS AVENUES 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 7as moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2722. A`TES- 5 Cos acilmens Jennings, Morton, DiLoreto, Temple, Winton NOES-' 0 Councilmen: None ABSEN1,T- 0 Councilmen- None Mayor Winton_ declared that this is the time and place for the public hearing on Downey Improvement Project No. 631, Sites 1 and 5, South side of Cheyenne Avenue, between Brock a;:d Cneiss Avenues, He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman, Jennings, seconded by Councilman Temple, 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. Public Works Director Spindel reported the work has been completed under provisions of Chapter 27 at the following sites, and it is recommended that the City Council confirm the assessments. Site 1 - 13007 Gneiss Avenue Total Cash Assessment $ 488.84 Total Interest for 3-Year Assessment 71.98 Total Amount to be Collected over 3-Year Period $ 560.82 Council Minutes 9/11/72 -2- Site 5 - 8102 Cheyenne Avenue' Total Cash Assessment $ 458.93 Total Interest for 3-Year Assessment 67.57 Total Amount to be Collected over 3-Year Period $ 526.50 It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to accept the report of the City Engineer. Mayor Winton inquired if there was anyone present who wished to speak in protest'to the improvements. Mr. Ralph Marshall Bower, 13008 Brock Avenue (Site 5), complained about debris left by the construction workers. He said approximately two inches of water accumulates and stands in front of his property at all times. He, questioned the difference in the amount quoted and the amount actually billed. Mr. Bower further complained about the workers hanging tools and equipment on his fence, which has caused some damage, and he said someone left marks on the curb. He asked what could be done. Mr. Spindel stated the drainage on Brock Avenue would be checked out to see if the water accumulation could be alleviated. Responding to Mr. Bower's inquiry regarding the cost difference, Mr. Spindel explained that under Chapter 27 proceedings, when a property owner does not voluntarily put in the improvements and a public hearing has to be held, the property owner is charged 35% for engineering, administration and inspection, which in Mr. Bower's case is $118.98, He said $4.00 was added for two feet of curb. Mr. Spindel answered further questions of Mr. Bower and explained the procedures involved. Mr. Bower voiced his concern over the engineering and administration costs. He stated his objection to the amount charged and said a standard procedure should be to include the costs in the amount originally quoted. Discussion followed regarding the engineering and administration costs incurred by property owners who do not voluntarily put in the improvements. Councilman DiLoreto suggested the 35% that would be incurred for engineering and administration should be included in the notices to the property owners. Mr. Spindel stated it will be contained in subsequent notices. Counc lman Jennings inquired about the possibility of changing Mr. Bower's assess- ment from three to ten years, and Mr. Spindel said this could be done. Responding to a question by Mr. Bower, Mr. Spindel explained that the provision of Chapter 27 of the 1911 Act gives the City the prerogative of charging engineering and administration costs, and the policy of charging for engineering and administration was adopted b r the City Council. Mr. Lester P. Dorx, 7720 Fontana St., Downey, referred to the general fund allocated for public works projects and stated engineering and administrative costs should be included. Mrs. Leslie Moore, 8120 Priscilla Ave., asked if engineering and administration costs would be charged to property owners in Assessment District #117 if they could not pay cash for the improvements. She referred particularly to elderly citizens who are on fixed incomes. Mr. Spindel replied that there is a provision under which persons who want to pay installments, cannot pay cash, and voluntarily agree to the installation of improvements, can have the improvements put in and not be assessed for engineering and administration. The City Council inquired if this alternative was made available to the property owners on Cheyenne, and Mr. Spindel replied the alternative has been made available in the past to citizens who requested 10-year installments due to financial hardship; that each required Council approval. He said under the policy established by the City Council, assessments of $600. and above can be made in ten annual installments; assessments be- tween $150. and $600. in three annual installments; and assessments of $150. and under in one installment. He discussed with the City Council the procedure for contacting property* owners. Councilman Morton suggested that this matter be continued to the next night meeting, and in the meantime, the citizens involved be given the opportunity of determining whether they want the 10-year assessment without penalty. Council Minutes 9/11/72 -3- yl Mrs. Betty Kenley, 9028 Manzanar, stated her interpretation of the 1911 Act,of the Streets and Highways Code. Upon the request of Mayor Winton, City Attorney Sorensen stated he would review the 1911 Act and report back to the City Council at the next night meeting. Mrs. Leslie Moore, 8120 Priscilla Ave., commented on a public meeting held between City staff and the property owners prior to putting in the improvements, and she stated no reference was made to lower the costs for property owners who elected to pay cash for the improvements. She said she felt that Mr. Bower did not receive proper consideration on the assessment, It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to continue the hearing on Downey Improvement Project No. 631, Sites 1 and 5, South side Cheyenne Avenue between Brock and Gneiss Avenue, to 7:30 p.m., October 9, 1972, for the purpose of establishing the proper .fee to be billed to the homeowners, and that the homeowners be given an opportunity to review the various alternatives offered in paying for the assessments, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: O Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 632, Sites 1, 3, 4 and 6, North side of Cheyenne Avenue Paramount Boulevard to Brock Avenue, and Downey Improvement Project No. 633, Sites 1, and 3, South side of Cheyenne Avenue from Paramount Boulevard to Brock Avenue. It was moved by Councilman Morton, seconded by Councilman DiLoreto, and passed by the following vote to continue the public hearings on Downey Improvement Project No, 632 a.:.d 633 to 7:30 p.m., October 9, 1972, for the purpose of determining the procedure of optional payments on a volunteer or non -volunteer basis. AYES„ 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen., None -- Mayor Winton declared a recess at 8:55 p.m. The meeting resumed at 9:12 p.m. with all Councilmen present, Mayor Winton declared that this is the time and place for the public hearing on Appeal, Lone Exception Case #1067, 7970 Brookmill Road (Southwest corner Paramount and Brookmill), He inquired of the City Clerk if he ha"d the Affidavit of Publication, to 7�rnich the City Clerk responded in the affirmative, City Manager Thompson reported that the construction of the fence at the subject location commenced prior to the issuance of a pe=hit. He said the permit was subsequently issued based on a hand -sketched layout for the fence, however, the plot plan did not clearly indicate the property was a corner lot. Mr. Thompson stated the current location of the fence on Paramount partially would obstruct the clear sight pattern for cars exiting Brookmill onto Paramount, as well as pedestrian traffic along Paramount. He said this matter has been reviewed by City staff, and it is recommended that the fence be cut back at a 450 angle. Mr. Thompson remarked that the property o:-ner, Mr. Avast, has been consulted regarding the recommendation and has indicated his acceptance to the modification, Mayor Winton. inquired of the City Clerk if he had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present who wished to speak in favor of the appeal. -- Mr. Gordon A. Greene, 7958 Brookmill Rd., stated Mr. Anast has done a good job in beautifying his property, and he is in favor of cutting back the fence at a 450 angle at the driveway opening. Mr. Gust Avast, 7970 Brookmill Rd., the appellant, spoke in favor of cutting the fence back 5 feet at the driveway corner, but asked that the rest of the fence be left where it is. He referred to the small size of his yard and said he would be opposed to moving the entire fence. Council Minutes 9/11/72 -4- Mayor Winton inquired if there was anyone present who wished to speak in opposition, R and there was no response. It was moved by Councilman DiLoreto, seconded by Councilman Morton, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1067. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen-. None It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote that Appeal, Zone Exception Case #1067, 7970 Brookmill Road, be re- ferred back to the Planning Commission for report and recommendation on the proposed modification, AYES-. 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the hearing of Protest of Kenneth J. Miller on the amount of Utility Users Tax claimed by the City to be due. He said the City Clerk has notified Mr. Miller of the time and place of the hearing before the City Council in accordance with Section 6192 of the Ordinance. Mayor Winton stated the City Council will now hear the protest, together with any grounds for objection filed. Mr. Kenneth J. Miller, 7336 Cleargrove Dr., Downey, mentioned that he had paid the balance owing to the City on his Utility Tax bill. He then proceeded to register his protest on certain inequities in the present Utility Users Tax rules. Mr. Miller pre- sented narrative statistics, and he pointed out a problem that exists in the levying of the Tax involving telephone billing. Mr. Miller stated that the current system causes a 5% utility tax charge to be applied on intra-state services which do not originate within Downey. He also commented on Utility Tax billing applied for water services which he bad not used. Mr. Miller then registered concern on the fact that other municipalities within the State have indicated a desire to implement a Utility Users Tax. He said perhaps corrections could be made in the Utility Users Tax to levy the Tax properly and in so doing set a pattern for other cities. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to close the hearing of protest. It 'was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to deny the protest of Kenneth J. Miller and to confirm the amount of Tax due the City. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES-. 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Revocation of Certificate of Occupancy, Governale Enterprises - 8100 Nance Street. Building & Safety Director Lake reported that in 1963, Governale Enterprises was granted temporary occupancy, and upon the temporary approval agreed to pave Nance Street under provisions of Section 8100 of the Downey Municipal Code, which to date has not been done. He said Governale Enterprises has been conferring with the Director of Public Works on this matter. Public Works Director Spindel stated an agreement has been reached between Mr. Governale and the contractor for paving Nance Street, and it is requested that the hearing be continued to the next night meeting, at which time the paving should be completed. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to continue the hearing on Revocation of Certificate of Occupancy, Governale Enterprises - 8100 Nance Street, to 7:30 p.m., October 9, 1972. In ,response to a question by Councilman Jennings, Mr. Spindel stated he had con- ferred with the contractor regarding this matter, and the contract to do the work is being prepared. Council Minutes 9/11/7Z -5- A4YES„ 5 Conncilaten. Jennings, Morton, D£Loreto, Temple, Winton NOES., 0 Councilmen: None ABSENT. 0 Councilmen. None It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to approve the Minutes of the City Council Meeting of August 14 1972. It was moved by Councilman Temple, seconded by Mayor Winton, and so ordered to approve the Minutes of the City Council Meeting of August 22 1972. Communication from County Health Department regarding New Department of Health Services. Ordered filed. Communication from County Registrar -Recorder regarding Registered Voters Index. Ordered filed. Communication from Louis DePalma requesting a hearing on Appeal, Zone Exception Case #1073, 11832 Paramount Boulevard. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to set a hearing on Appeal, Zone Exception Case #1073, 11832 Paramount Boulevard, for 7.30 p.m., October 9, 1972, in the Council Chambers of the Downey City Hall, AYES. 4 Councilmen. Jennings, D£Loreto, Temple, Winton NOES: 1 Councilmen: Morton ABSENT, 0 Councilmen: None Mayor Winton asked the City Clerk to make sure the appellant is notified.. Communication from Everett Harting, Jr., regarding Appreciation to Water Division and Mr. Don Siesser. Ordered filed. Communication from Hollydale American Legion regarding Real Estate Transfer. Referred to Councilman Jennings and City Manager for additional research and study and report back to Council. LEGAL CLAIMS (for £c.formation only) Ref. #069, Freddy A, Sierra Ref. #071, Carlos Carranza and James T. Sarate ORDINANCE NO. Av' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 8 TO ARTICLE VI OF THE DOWNEY MUNICIPAL CODE, WHICH SAID CHAPTER CONSISTS OF SECTIONS 6801, 6802 AND 6803 AND RELATES TO MISCELLANEOUS SALES The Ordinance was read by title only. Councilman Temple stated the Ordinance as written would restrict homeowners from having combined garage sales. He said charitable organizations are included and should be exempt. Councilman DiLoreto remarked that although there are many abuses to the conducting of garage sales, he feels they are not of the magnitude to require this type of an ordinance. Councilman Morton stated he has received a number of telephone calls and Letters regarding the Ordinance. He said rather than the Ordinance being pointed at the average, homeowner, he would suggest it be reworded and directed at those who abuse it. It was moved by Councilman D£Loreto to introduce the Ordinance. Motion died for lack of a second. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE SECTION 3179, RE- LATING TO TRUCK ROUTES Council Minutes 9/11/72 -6- Z4 The Ordinance was read by title only, Public Works Director Spindel explained this Ordinance is the result of a petition signed by citizens who reside along Stewart & Gray Road, He said it is the recommenda- tion of the Traffic Committee to remove Stewart & Gray Road as a truck route from the westerly city Limits to Paramount Boulevard, Mr. Spindel stated the City of South Gate has also taken action to remove Stewart & Gray Road as a truck route within its boundaries, Mr. Mitchell Valentine, 7235 Luxor, Downey, said his business is located at the corner of Stewart & Gray and Old River School Rd, and that he operates two trucks. He stated it would be inconvenient for him if he had to take an alternate route in the City. He referred to problems in taking alternate routes throughout the City and to other trucking businesses that will be affected, Mr. Valentine requested the City Council to consider the Ordinance at a later date. Responding to questions by Councilman Morton, Mr. Valentine stated his trucks operate all hours of the day, and a time limit would be inconvenient. He said he owns two trucks, and a neighbor also parks a truck at his yard. Mr. Valentine discussed with the City Council various alternate routes in the City. An inquiry was raised by City Manager Thompson regarding the zoning of Mr. Valentine's property, and Assistant Planning Director Carter explained the zoning for all four corners at the intersection of Stewart & Gray and Old River School Rd, is C-1, which does not permit the parking or storage of trucks. Mr. Bill Bruce, 8544 Eucalyptus, spoke regarding the difficulty trucks would have in maneuvering turns on Old. River School Road at the intersections of Firestone and imperial, He said Stewart & Gray has been a good truck route through the City, and he requested the City Council to reconsider the Ordinance. Council discussion followed. Councilman Jennings inquired if Downey has routes throughout the City where trucks are restricted during certain hours, and Public Works Director Spindel replied that Downey does not. Councilman Morton suggested consideration of restricting trm,ck traffic to certain hours on Stewart & Gray as a possible solution. Mr. Pa-wl Stevens, 4226 Luxor, commented that Stewart & Gray Rd, for many years has been a good alter -Late route through the City to bypass the main section of the City. He referred to a. service station on Stewart & Gray that sells diesel fuel, which will be affected if a portion, of the street prohibits truck traffic. Mrs, Noma Poe, 7628 Fontana, spoke of the noise created by truck traffic on Stewart & ;;ray Rd, She stated the speed of many trucks is excessive, and she referred to a petition signed by residents in the area opposing the truck traffic and noise. It was noted by Public Works Director Spindel that the petition was previously presented, to the Traffic Committee. Mrs. Poe stated she would not be in favor of restricting truck traffic only during certain hours of the day. Mr. Les Dorn, 7720 Fontana Street, commented on the noise pollution caused by the trucks that travel along Stewart & Gray Rd. He said Stewart & Gray from Paramount to Old River School Road is residential; that there are no commercial businesses located in that area. Mr. Dorn concurred with the comments of Mrs. Poe. Discussion followed. Respondin& to questions by the City Council, Public Works Director Spindel stated the reason the restriction does not extend beyond Paramount is that Paramount is a major street, and from Paramount easterly along Stewart & Gray to Firestone Blvd, would be a Logical route for trucks coming in and out of the City. He said some complaints have been received from citizens in the area between Paramount and Lakewood, but not near as many as in the area between Paramount and Old River School Road. Mr, Earl Berry, 8536 Eucalyptus St., commented on circulating a petition in the Eucalyptus Street area regarding noise pollution. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered to waive further reading. it was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. Council Minutes 9`11/72 -7- AYESS 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton - ;NOES„ 0 Councilmen; None - ABSENTg 0 Councilmeno None RESOLUTION NO. 2723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS WITHIN THE CITY OF DOWNEY The Resolution was read by title only, It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, 2723, Public Works Director Spindel explained the State has been maintaining the traffic signals, with Downey paying a proportionate share of the maintenance based on City street lights intersecting State Highways, He said the City would maintain the signals at an estimated savings of $8500 per year. AWESg 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 CouncilmenS None RESOLUTION NO. 2724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF PUBLIC WORKS TO MAKE A REPORT F RS'UANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXA- TIONS 72/17 AND 72/18) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilmen 'Temple, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, 2724, A'iES; 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOESS 0 Coancilmene None A`SElGT; 0 Councilmen: None Public Works Director Spindel reported on the installation of metal standards and lumen mercury vapor Lights. He said the first year cost will be $0,4512 per $100. assessed value; the second year will be $0,4512; and the third year will be $0.21. Responding to a questio',? by Councilman Morton, City Attorney Sorensen explained the verbal report, as given by the Director of Public Works or City Engineer, indicates to cii:izer:swnat the report contains. He said an oral report is not absolutely essential, however„ the reports have been considered proper procedure. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to receive and file the Engineer's Report, RESOLUTION NO. 2725 A RESG9'ETION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UECLARIlNO ITS !NTE:NTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 72/17 AND 72/18) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No, 2725, AYES2 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton NOES; 0 Cou:ncilmenS None ABS'ENT'S 0 Councilmen, None Council Minutes 9/11/72 -8- RESOLUTION NO. 2726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS OBJECTION TO THE SALE TO THE PUBLIC OF A PARCEL OF LAND DOWN AS PARCELS, 2832, 2834, 2837, 2838, 2847, SALE 96-A The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2726. AYES. 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT, 0 Councilmen. None RESOLUTION NO. 2727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY TO APPROVE AGREEMENT FOR THE PURCHASE BY THE CITY OF DOWNEY OF' THE STATEaS TITLE TO CERTAIN LANDS WITHIN THE CITY The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution. No. 2727. AYES, 5 Co-,nncilmcn. Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen- None ABSENT, 0 Gou_!cilm.en.. None RESOLUTION NO. WS-808 A RESOUL-T1O'N' OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWIN;' CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS 0` T OF WHICH THE SAME ARE TO BE PAID (NO. 21213 - 21395, $247,466.86) 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-808. AYES. 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen. None ABSENT, 0 Councilmen. None RESOLUTION NO. WS-809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FJNDS OU'I' OF WHICH THE SAME ARE TO BE PAID (NO. 54726 - 55254, $224,510.88 -- 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-809. AYES: 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton NOES. 0 Councilmen: None ABSENT. 0 Councilmen. None It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-281, Wiley Burke Avenue, and Cash Contract #318, Unit 2, Noren St. Council 'Minutes 9/11/72 -9- NOES- 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton NOES° 0 Councilmen- None ABSENT-. 0 Councilmen- None Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #318, Unit 1, Pangborn Avenue, Via Amorita to Florence Avenue Service Road, in the amount of the unit prices bid to Damon Construction Company of Paramount and waive,'the Bid Bond irregularity. Councilman Jennings asked if it is customary for "equal employment opportunity" affidavits to be filed on such contracts, Public Works Director Spindel replied that an affidavit is only filed on Federal Contract jobs, City Manager Thompson stated legisla- tion is pending that may require Cities to file such an affidavit. City Attorney Sorensen said at the present time Downey does not include such a clause in its contracts. AYE S° 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton NOES- 0 Councilmen- None ABSENT- 0 Councilmen- None Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #303, Unit 2, Downey Rio Hondo Golf Course Driving Range Fencing, in the amount of the lump sum bid for the base bid to Southern California Fence Company for fence installation as specified. AYES- 5 Councilmen., Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen- None ABSENT., 0 Councilmen, None It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve a change of subcontractor in conjunction with Cash Contract #303, T_- t 1, Downey Rio 'rondo Golf Course Driving Range Structure. AYES. 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton NOES-. 0 Cou._cihrm n- None ABSENT- 0 Cou_zcil.men° None Stc.rm Drai:- 'S.S. Project #28 9 Woodruff Avenue and Foster Road Mayor Winton inquired w':y Davey is participating with Bellflower .if project extends from Rosecrans tc Foster Road, and Public Works Director Spindel replied the system will drain Doaa*ney''u at Woodruff, Faust and along Foster Road. It was moved 'sy Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Agreement with City of Bellflower and authorize the Mayor to sign .on behalf of the City for participation in the construction of Storm Drain (S. S. Project #284) Woodruff Avenue and Foster Road, and approve the following appropriation - Amount From To - $21,000Unappropriated Gas Tax A/C #2616144 AYES 5 Councilmen- Jennings, Morton, DiLoreto, Temple, 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 accept the improvements completed under Cash Contract #309, Tree Removals at Various Locations, AYES- 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton YPDESm 0 Councilmen- None .ABSENT, 0 Councilmen- None It was moved by Councilman Jennings, seconded by Councilman Temple, and passed the following vote to authorize Right -of -Way Acquisition A-3084, Stewart and Gray R in exchange for improvements, Ax'ES- 5 Councilmen., Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen-. None ABSENT. 0 Councilmeen., None Council Minutes 9/11/72 -10- Mayor Winton recessed the meeting to executive session at 11:20 p.m, to discuss a matter of litigation with the City Attorney, City Manager, Director of Public Works, Director of Building & Safety, Police Chief and Fire Chief. The meeting resumed at 11:32 p.m. with all Councilmen present, Downey Community Hospital - Proposed Expansion The City Council reviewed the presentation of proposed plans and specifications for enlargement of southwest corner of Downey Community Hospital lobby and cafeteria areas. Councilman Morton referred to a letter dated September 8, 1972 which clarifies the funding position of the project, Discussion followed, wherein Mayor Winton indicated $15,000 that is pledged be collected prior to construction of improvements. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the proposed expansion of Downey Community Hospital, with the stipulation that all pledges included in the report must be collected before comple- tion of construction, AYES: 3 Councilmen: Jennings, DiLoreto, Temple NOES: 2 Councilmen: Morton, Winton ABSENT: 0 Councilmen: None Mayor Winton and Councilman Morton each stated they had no objection to the project, however, they felt the pledged amounts should be collected and in hand prior to construction. CITY MANA9ER7S REPORT City Manager Thompson presented a preliminary report of a study made on the feasibility of Centralized Equipment Maintenance of City Vehicles. He commented on the 69 Public Works vehicles and equipment presently being maintained, and he said 38 vehicles from other City departments would be included under the centralized maintenance program, excluding police and fire, Mr. Thompson stated the study has indicated a savings could be made under the program, however, in order to undertake the work, it would be necessary to add one main- tenance personnel to allow for a two -shift operation. He explained approximately $7,000 would be required for a certain amount of work to the shop area, including rearrangement of space and additional equipment, and should it be determined that the City will under- take maintenance of police vehicles, additional space will be needed. Mr. Thompson stated a thorough report will be submitted at a later time. City Manager Thompson gave a report on the Audit of Rubbish Contractors Financial Records, He said depending on the size of the contractor's operation and the type of audit that would be required, a certified audit would cost between $1000-$1500, and a desk audit could be done somewhere between $300-$700. Mr. Thompson stated he has been informed by the Finance Department that a desk audit would be sufficient. He said, however, in lieu of a desk audit a contractor could submit any statement he has filed with a Federal agency, such as the Internal Revenue Service, and should disclose the cash receipts and financial operations of the contractor. Mr. Thompson referred to Senate Bill 5, which establishes a State Solid Waste Management Board to develop a Solid Waste Resource Recovery Program, and although the Bill refers to the responsibility of local districts, it would not involve any additional functions or encroach upon any jurisdiction of the City, Mr. Thompson commented on a report submitted to the City Council regarding Senior Citizens Employment. The matter was held pending Council review. ORAL COMMYN'ICATONS Mrs. Betty Kerley, 9028 Manzanar, inquired if the City Attorney could send her a copy of the changes mentioned in the 1911 Act of the Streets and Highways Code. City Attorney Sorensen replied that he would send a copy to the City Clerk.'for transmittal to Mrs. K.enley, Mr, Kenneth Miller, 7336 Cleargrove Dr., expressed his appreciation to the City Council for hearing his protest. He stated that in the event the City Council did elect a citizens committee to make an objective study of the Utility Users Tax Ordinance and the matter of application, he could make constructive input to such a committee. Councilman Jennings commented on the method of Refunding Utility Users Tax, which is based on the Federal Poverty Level Schedule. He said the Finance Department has Council Minutes 9/11/72 -11- Z7 -. requested that the method of refunding be altered to conform to the Federal Poverty Level Schedule for July -August 1972, and he recommended that the Finance Committee pre- pare the necessary resolution. After further comment on the refunding method and the criteria used to determine eligibility, Councilman Jennings requested the Finance Department to adjust the method of computing refunds, particularly with regard to persons on fixed incomes due to disability. Mayor Winton asked the staff of the Finance Department and the City Manager to give consideration to the refunding of the Utility Users Tax. Councilman Temple reported that with the help of members of the Downey Junior Chamber of Commerce and some of the wives, he conducted an opinion survey along the — Broposed Bicycle Route. He stated he received a favorable response from 91% of the people along the route and 61% said they would not object to parking restrictions during the day but would object to a 24-hour restriction. Councilman Temple commented that some of the streets along the proposed route have proven to be dangerous, and he will get together with members of City staff to consider alternate routes. Mayor Winton called for a continuation of the Budget Review Committee composed of Councilmen Jennings and Temple, and he.requested that quarterly reports, be submitted in conjunction with staff reports relative to cash flow projects and reserves. Mayor Winton requested the Budget Review Committee to make a review of two contract Cities in the area, one of which has been able to diminish its property tax rate, and the other has never charged a property tax rate; yet both continue to project growth patterns. He called for a review of the amount taxed from the City of Downey for County taxes each annual year and a total tabulation of what Downey receives back. Mayor Winton requested the Budget Review Committee to submit quarterly reports on the Computer Program, relative to its progress and projections. Mayor Winton stated that he would request Mayor Pro Tem Morton to work with him on a committee parallel to theBudget Review Committee and take specific areas of the -Budget where expenditures are the greatest, to see what values are received. Mayor Winton asked the City Council to consider rescinding a committee established to approve the acquisition of capital outlay items which were given budget numbers and cleared through the Budget Committee. He stated that when a certain item is purchased in the future, all that.would be necessary is a note or memo informing the Budget Committee of the project number and cost of an item authorized in the Budget. He said the Committee can keep the City Council informed of the unexpended quarterly balance for capital outlay items. Mayor Winton commented that relative to employment of any personnel replacing retired persons, all the Council needs to know from the City Manager is that such personnel replacement was included in the Budget, and this step will not have to be cleared through a committee. There being no further business to come before the City Council, the meeting was adjourned at 12:15 a.m. RO ERT L. SHAND9 CITY CLERK DONALD H. WINTON, MAYOR Council Minutes 9/11/72 -12-