HomeMy WebLinkAboutMinutes-10-09-72-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
OCTOBER 9, 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.
Appeal, Z.E. Case #1072, 8049 Otto St, Referred to Planning Comm.
for conditions re approval 2
Appeal, Z.E. Case #1073, 11832 Paramount Blvd. -
Request to withdraw Granted 2
Report on Chapter 27 Projects No action 2
Resolution #2731, Confirming Assessment for
Chapter 27, D.I.P. #631, S/s Cheyenne bet.
Brock & Gneiss Adopted with change 4
Resolution #27/32, Confirming Assessment for
Chapter 27, D.I.P. #632, 8051, 8041, 8025
Cheyenne Ave. & 12950 Paramount Blvd, Adopted with change 5
Request for driveway apron, 8040 Cheyenne Referred to City Manager and
Director of Public Works 6
Resolution #2733, Confirming Assessment for
Chapter 27, D.I.P. #633, S/s Cheyenne Ave.
bet. Paramount & Brock Adopted with change 6
Resolution #2734, Ordering Annexation to City
Lighting District (Annex. 72 Areas 17 & 18) Adopted 6
Revocation of Certificate of Occupancy,
8100 Nance St. Denied 7
Minutes, September 26, 1972 Approved 7
- Appeal, Z.E. Case #1067, 1970 Brookmill Rd. Planning Commission overruled -
Approval upheld subject to
conditions 7
Purchase of Portable Building for Certain
Equipment - Downey Community Hospital Approved 7
Committee Appointments, District 5 Approved 8
Legal Claims (for information only)
Ref. #042, Dana M. Storts
Ref. #073, Bottroff Trucking
Ref. #074, Daniel T. Fox No action 8
Legal Claim (for Council action)
Ref. #072, Winifred. E. Rueff Denied 8
Ordinance Amending Sections of DMC Relating
to Business Licensing Introduced 8
Resolution 4PWS-812 (Payroll) Adopted 8
Resolution 4PWS-813 (B Warrants) Adopted 9
CC #296, Buell St. - Plans & specs & authority
to advertise Approved 9
CC #318 - Unit 3, Sheridell Ave., Clancey Ave.
to Vista Del Rio Dr. - Plans & specs & authority
to advertise Approved
CC #SS-281, Wiley -Burke Ave., CC 0318, Unit 21
Noren St. - Award of contract Approved 9
Page 1 of 2
COUNCIL MINUTES 10/9/72
TABLE OF MINUTE ACTIONS
SUBJECT:
ACTION:
PAGE NO.
Resolution Approving Final Subdivision Map
of Tr #20796 (Stewart & Gray Rd.)
Taken under
submission
10
Report on Effect of Environmental Impact
Legislation and Court Decisions
No action
10
Resolution #2735, Finding & Determining that
Granting Certain Building Permits will not have
Significant Effect Upon Environment
Adopted
10
Use of Heliport 11/7/72 by County - Agreement
Approved
11
Senior Citizens Employment Program
No action
11
Golf Course Maintenance Contract
Deferred to
next meeting
11
Employee Safety Manual
No action
11
Parcel Map #3228, Orange St. & Orizaba Ave.
Approved
12
Report on Cable TV and Pay TV problem
Mayor named
to committee
12
Police time spent on investigation of traffic
accidents - Cost of reports
Referred to
City Attorney
12
Report on 105 Freeway & field trip
12
Page 2 of 2
T TO
M NGI'ES OF THE CITY CO'! NCIL
OF THE CITY OF DOWNE`rc
OCTOBER 9, 1972
The City Council of the City of Down:ea held a regular meeting at 7:30 p.m.,
October 9, 1972, 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
William. A, G",oggin Director of Planning
Richard D, Patton, Director of Finance
James D. Ruth, Director of Parks a Recreation
Ray Lake, Director of Building S Safety
Robert W. Gain., Fire Chief
Joseph R. Guthrie, Captain, Police Department
Harald j. Henriksen, City Engineer
Robert L. Shand, City Clerk
Judy McDonnell, Executive Secretary
The Invocation was delivered by Reverend Paul 0, Cheek, First Southern Baptist
Church, followed by the Flag Salute Led by Councilman. DiLoreto,
Mr., Mike Spearman, President of the Downey Junior Chamber of Commerce, presented
to Mayor Winton and Councilman Temple a plaque in friendship and brotherhood for presenta-
tion to the Junior Chamber of Commerce in Downey°s Sister City of Guadalajara, He asked
that the plaque be presented by Mayor Winton. and Council;a.n. Temple during their upcoming
trip to Guadalajara and accept a plaque in return from the Guadalajara Junior Chamber of
Commerce.
Mr. Gene Gillette presented to Mayor Winton and Parks Director James Ruth a rational
Gold Medal Award for excellence in the field of Park a Recreation management, as well as
a flag and check in the sum of §1000,
Mayor Winton declared that this is the time and place for the public hearing on
Appeal, Zone Exception Case #1072, 8049 Otto Street, He inquired of the City Clerk if
he had the Affidavit of Publication,, to which the City Clerk responded in the affirmative,
Planning Director Goggin reported on the zoning of the property and the request of
the applicant,, He stated the Planning Commission's position on this matter and answered
questions of the City Council,
Mayor Winton inquired of the City Clerk if he had received any written correspondence,
and the City Clerk replied he had not,
Mayor Winton inquired if there was anyone present who wished to speak in favor,
Mr, Bob J. Chancellor, 8049 Otto St„ Downey, representing the applicant, spoke in
favor of the appeal and stated his neighbors are in agreement with his request for a
two-story addition to the garage, He said he is in accord with 9 of the 10 conditions
required by the Planning Commission, but he is opposed to offsetting the second story
toward the house,
Discussion followed regarding the staircase to the proposed second story structure,
Mayor Winton inquired if there was anyone present who wished to speak in opposition,
-- and there was no response
It was moved by Councilman Morton, secoaded by Councilman Temple, andpassed by the
following vote to close the hearing on Appeal, Zone Exception Case 01072,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 10/9/72 Q-
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to grant the Appeal, Zone Exception Case #1072, 8049 Otto Street, and
refer it back to the Planning Commission for conditions in conjunction with intended
approval of the City Council.
Councilman Temple stated the intent of his motion is that the stairway be entered
from the patio area and that the rear entrance be eliminated.
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
Appeal, Zone Exception Case #1073r 11832 Paramount Boulevard. He inquired of the City
Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the
" affirmative.
Planning Director Coggin reported it is his understanding the applicant will be re-
questing the City Council to take no action on this case and deny it without prejudice.
Mayor Winton inquired of the City Clerk if he had received any written correspondence,
and the City Clerk replied he had not. The City Clerk stated, however, a telephone call
had been received from Mr. DePalma's representative regarding the procedure to withdraw.
Mr. Louis DePalma, 935 Concourse, Los Angeles, requested the City Council to allow
him to withdraw his appeal. He said if there are any filing fees to be refunded he would
request they be transferred to the Planning Commission, inasmuch as he intends to file a
new case before the Commission.
It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the
following vote to grant Mr. DePalms°a request to withdraw Appeal, Zone Exception Case
#1073, including waiver of fees for future filing.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES; 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Winton welcomed 8th grade students attending from Our Lady of Perpetual Help
Grammar School.
Public Works Director Spindel'gave a Reporict it
On
wChapter Z7 Projectssx tie said five
people in the Cheyenne Street assessment distere tel with regard to a 10-year
assessment, and of the five contacted, three requested a 10-year assessment, one pre-
ferred to keep the 3-year assessment, and one would not commit himself.
Councilman Jennings stated he is in disagreement with the last paragraph of the
report, and that administrative costs should be applied to everyone alike. He said
people should not be penalized for not paying cash for the assessment.
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 and Gneiss Avenues, which was continued from the regular meeting of the City Council
held September 11, 1972. He inquired of the City Clerk if he had received any written
protests or objections, and the City Clerk replied he had not.
Public Works Director Spindel reported on the assessments as follows:
Site 1 - 13007 Gneiss Avenue
With Administration Costs:
Total Cash Assessment $ 488.84
Interest for 10-year assmt, 206.05
Total amount to be collected $ 694.89
over 10-year period
Council Minutes 10/9/72 -2-
Without Administration Costs:
Total Cash Assessment $ 362.10
Interest for 10-year assmt. 152.62
Total amount to be collected $ 514.72
:._
Site 2 - 8102 Chevenne Avenue
With Administration Costs:
Total Cash Assessment $ 458.93
Interest for 10-year Assmt. 193.43
Total amount to be collected $ 652.36
over 10-year period
Without Administration Costs:
Total Cash Assessment $ 339.95
Interest for 10-year Assmt. 143.29
Total amount to be collected $ 483.24
over 10-year period
It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to
accept the City Engineer's Report.
Mayor Winton inquired if there was anyone present who wished to speak in protest to
Downey Improvement Project No. 631.
Mr. Ralph Marshall Bower, 13008 Brock Avenue, Downey, asked for clarification as to
whether costs for administration would be charged. He also commended the Public Works
Department for repair work performed on gravel in front of his property.
It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the
following vote to close the hearing on Downey improvement Project No. 631.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman Jennings that Downey Improvement Project No. 631 be
accepted as presented, with the exception that the people in the entire assessment
district should have the privilege of stretching payments over a 10-year period if they
so desire„
City Attorney Sorensen stated if that is the Council's desire, Section 3 of the
Resolution should be modified.
Public Works Director Spindel commented that Section 3 of the Resolution should
read as follows: "That payment of such assessments shall be as shown on the Engineer's
— Report and in accordance with Section 5895 of said Code."
Discussion followed.
RESOLUTION NO. 2731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO, 631, SOUTH SIDE OF
CHEYENNE AVENUE, 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 was moved by Councilman Jennings, seconded by Mayor Winton, and passed by the
following vote to adopt Resolution No. 2731 with the change in Section 3.
AYES: 3 Councilmen: Jennings, Morton, Winton
NOES: 2 Councilmen: DiLoreto, Temple
ABSENT: 0 Councilmen: None
Referring to the last paragraph of the report on Chapter 27 Projects, Councilman
Jennings stated before becoming involved in another assessment district, he would like to
see a firm policy and that the policy be administered to everyone in the City alike.
Councilman Morton stated he voted on the above Resolution on the basis that the
property owners were not going to be assessed administrative costs. He was informed that
the Resolution did adopt administrative costs.
It was moved by Councilman Morton, seconded by Councilman DiLoreto, and passed by
the following vote to reconsider Resolution No. 2731.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 10/9/72 -3-
Discussion followed,
City Attorney Sorensen Stated if the City Council wishes to eliminate the administra-
tive expense, in Section 2, after the number 11631" , insert "without engineering,
administration, and inspection costs".
It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by
the following vote to adopt Resolution No. 2731 as amended. It was noted that the
Resolution includes Section 3 with the appropriate change.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Winton declared a recess at 9:05 p.m. The meeting resumed at 9:20 p.m. with
all the Councilmen present.
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, which was continued from the regtffiar meeting of the
City Council held September 11, 1972. He 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 on the assessments, without administration
costs, as follows:
Site 1 - 8051 Chevenne Avenue
Total Cash Assessment $ 490.80
Interest for 10-year assessment 206.86
Total to be collected over 10-year period $ 697.66
Site 3 - 8041 Cheyenne Avenue
Total Cash Assessment $ 364,65
Interest for 1D-year assessment 153.70
Total to be collected over 10-year period $ 518.35
Site 4 - 8025 Cheyenne Avenue
Total Cash Assessment $ 241.50
Interest for 3-year assessment 34.13
Total to be collected over 3-year period $ 275.63
Site 6 - 12950 Paramount Boulevard (Cheyenne Avenue Frontage)
Total Cash Assessment
Interest for 10-year period
$ 811.20
341.89
Total to be collected over 10-year period $1,153.09
It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered
to accept the City Engineer^s Report,
Mayor Winton inquired if there was anyone present who wished to speak in protest to
Downey Improvement Project No. 632,
Mr. Robert K. Lewis, owner of property at 12950 Paramount Boulevard, asked questions
regarding his bill, which were answered by Mr. Spindel. Mr. Lewis made inquiries pertain-
ing to blacktop that was removed and not replaced.
Discussion followed.
It wa.s moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to close the hearing on Downey Improvement Project No. 632.
Council Minutes 10/9/72 -4-
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 2732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 632, 8051, 8041, 8025
CHEYENNE AVENUE AND 12950 PARAMOUNT BOULEVARD
The Resolution was read by title only. It was moved by Councilman Jennings,
seconded by Councilman DiLoreto, and so ordered to waive further reading.
Mr. Spindel stated Section 3 should be amended to read, "That payment of such
assessments shall be as shown on the Engineer's Report and in accordance with Section
5895 of said Code".
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to adopt Resolution No, 2732 with the change in Section 3.
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. 633,.Sitss 1,2aad 3, South side of Cheyenne Avenue from
Paramount Boulevard to Brock Avenue which was continued from the regular meeting of the
City Council held September 11, 1972. He 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 on the assessments, without administration
costs, as follows:
Site 1 - 8042-8046 Cheyenne Avenue
Total Cash Assessment $ 485.10
Interest for 10-year assessment 204.46
Total amount to be collected over $ 689.56
10-year period
Site 2 - 8040 Cheyenne Avenue
Total Cash Assessment $ 137.70
Interest for 3-year assmt. 19.46
Total amount to be collected $ 157,16
over 3-year period
Site 3 - 8030 Cheyenne Avenue
Total Cash Assessment $ 63.84
Interest for 1-year assessment 4.36
Total amount to be collected over $ 68.20
1-year period
Total Cash Assessment $ 137.70
Interest for 10-year assmt. 58.04
Total amount to be collected $ 195.74
over 10-year period
It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered
to accept the City Engineer's Report.
Mayor Winton inquired if there was anyone present who wished to speak in protest to
lowney Improvement Project No. 633.
Mr. Frank D. Westerman, 8040 E. Cheyenne, stated he will pay for his assessment over
a 3-year period. He inquired if the City has an ordinance prohibiting front yard parking,
and he was told the City has ordinances relating to parking in the front yard. Mr.
Westerman discussed with the City Council and Staff parking in the front yard of his pro-
perty, inasmuch as his garage faces an alley and is difficult to enter due to its
location and closeness to his neighbor's property. He requested a driveway apron be
put in on the front of his property and stated he would be willing to pay for it.
Council Minutes 10/9/72 -5-
Discussion ensued.
There being no objections, Mr. Westerman's request for driveway apron was referred
to the City Manager and Public Works Director for report back to City Council.
It was moved by Councilman. Morton, seconded by Councilman Temple, and passed by the
following vote to close the hearing on Downey Improvement Project No. 633.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 2733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS
FOR DOWNEY IMPROVEMENT PROJECT NO. 633, SOUTH SIDE OF
CHEYENNE AVENUE, BETWEEN PARAMOUNT BOULEVARD AND BROCK AVENUE
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 noted Section 3 should read; "That payment of such assessments shall be as
shown on the Engineer's Report and in accordance with Section 5895 of said Code."
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote to adopt Resolution No, 2733 with the change in Section 3.
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
y City Lighting District Annexation 72/17 and 72/18. He inquired of the City Clerk
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.
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 DiLoreto, seconded by Councilman Temple, and passed by
the following vote to close the hearing on Downey City Lighting District Annexation
72/17 and 72/18.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. 2734
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY
LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL
CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON
STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL
- JANUARY 31, 1983 (ANNEXATION 72 AREAS 17 AND 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 Temple, and passed by
the following vote to adopt Resolution No. 2734.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 10/9/72 -6-
F
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, which
was continued from the regular meeting of the City Council held September 11, 1972, He
asked for a recommendation from the Director of Public Works,
Public Works Director Spindel reported the street has been paved, finishing touches
are being done and, therefore, he would recommend the hearing be dispensed with,
Councilman Morton inquired if the City would be checking to make sure there will be
no washing of trucks on Nance Street, and Mr. Spindel replied if it is called to his
attention, he will check it out.
Mayor Winton inquired if there was anyone present who wished to speak to the matter,
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 Revocation of Certificate of Occupancy,
Governale Enterprises - 8100 Nance Street,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, 'Temple, Winton
NOES: 0 Councilmen. None
ABSENT: 0 Councilmen: None
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to deny the Revocation of Occupancy, Governale Enterprises - 8100
Nance Street,
AYES; 5 Councilmen? Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Cou ncilmer<.3 None
ABSENT: 0 Councilmen: 'None
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and so ordered
to approve the Minutes of the City Council Meeting of September 26 1972,
Communication from City of Half Moon Bay opposing Proposition 20, Coastal Zone
Conservation Act, Ordered filed,
Communication from State Board of Equalization regarding Computation of Cost of
Tales and Use Tax Administration, Ordered filed,
Communication from Planning Commission reporting on Appeal, Zone Exception Case
#10679 7970 Brookmill Road,
The City Council discussed with Planning Director Goggin condition #3 contained in
the report, which states "That no tra.sh receptacles or storage shall be permitted in the
required parking spaces or driveway,"
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote that the Planning Commission be overruled on Appeal, Zone Exception
Case #1067, 7970 Brookmill Road, and the previous action of the City Council to approve
be upheld, subject to conditions 1 and 2 contained in the report.
Further discussion followed.
AYES° 5 Councilmen: Jennings,
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Morton, DiLoreto, Temple, Winton
Communication from Downy Community Hospital regarding Purchase of Portable Building
for Certain Equipment, City Manager Thompson explained the purpose of the building.
It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by
the following vote to approve Purchase of Portable Building for Certain Equipment for
:he Downey Community Hospital,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen; None
ABSENT: 0 Councilmen: None
Communication from Councilman DiLoreto regarding Committee Appointments.
Council Minutes 10/9/72 -7-
It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the
following vote to approve the appointments of Mr. Leo Villa and Mr. Milton Mackaig to
the Sanitation Committee and Mr. Robert Gonzales to the Personnel Board.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
LEGAL CLAIMS (for information only)
Ref. #042, Dana M. Storts
Ref. 0073, Bottroff Trucking
Ref. #074, Daniel T. Fox
LEGAL CLAIMS (for Council action)
Ref. #072, Winifred E. Rueff
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to deny legal claim Ref. #072, Winifred E. Rueff.
AYES: 5 Councilmen.- Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE C'II'Y OF DOWNEY
AMENDING SECTIONS 6209, 6210, 6236.1, 6253(d), AND 6254
OF CHAPTER 21 ARTICLE VII, OF THE DOWNEY MUNICIPAL CODE
RELATING TO BUSINESS LICENSING
The Ordinance was read by title only.
Councilman Jennings reported on a meeting of the Finance Budget Committee and its
decision to revise the Business License Fee Schedule for vending machines from a flat fee
to gross receipts. He said manufacturing was also revised to set a Limit on gross re-
ceipts that would be taxed, and the Limit was set at 165 million dollars.
It was moved by Councilman Morton, seconded by Councilman DiLoreto, 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: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS-812
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. 55769 -
56290, $2349483.73--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-812.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS-813
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. 21560 -
21802, $252,975.99)
Council Minutes 10/9/72 -8-
The Resolution was read by title only. It was moved by Councilman Jennings,
seconded by Councilman Temple, and so ordered to Waive further reading.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to adopt Resolution No. W$-813.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Mayor Winton declared a recess at 10:40 p,m. The meeting resumed at 10:50 p.m.
with all Councilmen present.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to approve the plans and specifications and grant authority to
advertise for bids on Cash Contract #296 Buell Street.
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 Jennings, and passed by
the following vote to approve plans and specifications and grant authority to advertise
for bids on Cash Contract #318 - Unit 3, Sheridell Avenue Clancey Avenue to Vista Del
Rio Drive.
AYES: 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 Morton, seconded by
Councilman Temple, and passed by the following vote to award Cash Contract #SS-281,
Wiley Burke Avenue, Cash Contract #318'Unit 2� NoN ren Street, in the amount of the unit
prices bid to Damon Construction Company of Paramount, the lowest and best bidder, and
that all necessary bonds be obtained and subject to review by the City Attorney.
Councilman Jennings inquired why the regular Slurry Seal contract cannot be used.
Public Works Director Spindel replied it would then be necessary to wait until next Fall
when the new Slurry Seal contract is signed.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 20796
APPROVING AN AGREEMENT WITH THE SUBDIVIDER,$ AND ACCEPTANCE
OF SURETY BONDS (STEWART AND GRAY }LOAD)
The Resolution was read by title only,
City Attorney Sorensen commented to the City Council on the Effect of Environmental
Impact Legislation and Court Decisions. He said a Supreme Court case, referred to as
the Friends of Mammoth Case, says an Environmental Impact Report must be made before a
building permit can be issued. Mr. Sorensen stated the City Council has the authority
to review and determine whether it is agreeable to approve the Subdivision, and if it is
agreeable, he would recommend withholding action until the necessary Environmental
Impact Report can be prepared and submitted to the Planning Commission. He said althoug4
there are no procedures available at this time, should the City Council desire to act on
the Subdivision, it could direct the Planning staff to cause the necessary Report to be
prepared --that although the Friends of Mammoth Case says the Report must be prepared by
the City, the City could require the applicant to furnish all of the necessary factual
data and information.
Responding to a question by Councilman DiLoreto regarding whether the City would be
precluded from assessing the developer for the amount of time spent by the City in pre-
paring the necessary Report, City Attorney Sorensen stated an Ordinance would have to be
adopted providing for that kind of a fee, Mr. Sorensen said this is one of the things
to be considered, as well as what kind of guidelines and report information might be
needed.
Council Minutes 10/9/72 -91
Planning Director Coggin explained the Subdivision Map of 'Tract #20796 has been
approved and the developer has 18 months to record it,
Mr. Sorensen referred to Environmental Defense Fund, Inc, vs. Coastside County Water
District, in which the District Court of Appeal came up with the conclusion that once the
Report is submitted to the Planning Commission, the Planning Commission cannot make a
determination as to whether the Report is sufficient or not; that if someone brings
action to attack the sufficiency of the Report, then the Court has jurisdiction to deter-
mine whether the Report is sufficient. He said according to this case, a Planning
Commission cannot deny a permit or approval based upon an adverse Environmental Impact
Report, however, the Friends of Mammoth Case indicated there was some justification for
denying if the Report was adverse. He stated because of the confusion involved, his
report suggests that the City Council may want to consider the adoption of an Ordinance
which would contain guidelines or standards that would give the City Council authority
to approve or deny a permit if an Environmental Impact Report is adverse,
Mr. Sorensen discussed the Environmental Impact matter at length with the City
Manager and the City Council, He said perhaps the City Manager and P1anr_ing Staff will
have some comments upon procedures; that as yet, no answers are available from Court
decisions or in the statutes,
Mr, Phil Walsh, 402 North Highland, Fullerton, stated he represents the owners of
the property involved in the Resolution (Tract #20796) and a building permit was issued
to them on August 24th, He inquired if this would make a difference in the City
Attorney's thinking on this matter,
Mr. Sorensen replied that the law was in effect prior to August 24th, even though
the decision hadn't come down as yet, and the Supreme Court is interpreting the law that
was then in existence. He said if a permit has already been issued, there would be no
further action to take upon the permit and no authority has been given to revoke same.
However, Mr, Sorensen stated, this would emphasize the necessity of a Report prior to
improvement of the Subdivision.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to take the Resolution Approving Final Subdivision Map of Tract No.
20796 under submission,
AYES„ 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
It was moved by Councilman. Jennings to take the Resolution pertaining to the
Granting of Certain Building Permits under submission. After discussion, he withdrew
his motion.
RESOLUTION NiO. 2735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
FINDING AND DETERMINING THAT THE GRANTING OF CERTAIN
BUILDING PERMIT'S WILL NOT HAVE A SIGNIFICANT EFFECT
UPON THE ENVIRONMENT.
The Resolution was read by title only. 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 adopt Resolution No. 2735,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Planning Director Goggin explained the building permit was issued on property zoned
R-3; that the developer has a zone exception for modification and setbacks and could
-build an apartment house on the property if he so desired. Mr. Goggin said with certain
designs, the developer could also submit for a subdivision, and if the subdivision is
not approved, the apartment house could be built.
It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by
the following vote to approve Pedestrian Crosswalk Remova12 Paramount Boulevard at
Cole Street,
Council Minutes 10/9/72 -10-
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 Jennings, and passed by
the following vote to approve Agreement between Los Angeles County Board of Supervisors
and the City of Downey for Use of Heliport on November 7, 1972, by the County.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Referring to the subject of Environmental Impact Report, Planning Director Goggin
stated he would report back to the City Council at its next meeting.
CITY MANAGERIS REPORT
City Manager Thompson submitted a report on the Senior Citizens' Employment
Program. He said in brief the report indicates there would be a possibility and desira-
bility for utilization of a full-time equivalent position, such as a relief clerk in
various departments, particularly Planning, Public Works, and general relief in all
departments. Mr. Thompson indicated a full-time equivalent position could be utilized
for additional janitorial services in the City Hall and at the Theatre, and a part-time
park helper. He stated the total annual cost for the equivalent full-time senior
citizen employment would be $9,804 as compared to $12,290 for full-time permanent
employees Mr. Thompson said if the Council wished to initiate such a program, $719.56
would need to be appropriated for the remainder of the year.
Responding to questions by Councilman DiLoreto, Mr. Thompson explained the procedure
for hiring would be similar to all temporary or part-time hiring in that aV a.'.result^of
advertising interested persons would come in and submit an application for employment.
He said if the Council adopts this program, these would be additional positions that do
not now exist. Mr. Thompson stated a survey was made of the departments and indicates
the positions would be helpful and would relieve other personnel, speed up work and
increase maintenance of certain facilities. He commented it would be difficult to say
the new positions are absolutely necessary, however, there would be a tendency to improve
certain situations and there is a desirability for such improvement.
Councilman Morton stated he is not convinced the positions are needed, with the
exception of a janitoress. He said he would be agreeable to reviewing this matter at
Budget time.
Mayor Winton suggested a position in the personnel office for the sole responsibility
of Locating part-time jobs for senior citizens, He further suggested the employment of
senior citizens for the purpose of inspecting 105 Freeway areas. Mayor Winton commented
he would be willing to discuss this matter at Budget time.
Councilman DiLoreto stated he would not be adverse to hiring two part-time employees
to fill one vacant position created through attrition.
No action was -taken by the City Council.
City Manager Thompson explained the Golf Course Maintenance Contract will be
deferred to the next meeting.
City Manager Thompson reported on the Employee Safety Manual, which has been pre-
pared by members of the Safety Committee and is submitted for information. He said the
members of the Committee include the Public Works Director as Chairman, Police Chief,
Fire Chief, Director of Parks & Recreation_, President of the Downey City Employees
Association, and the Assistant City Manager.
Councilman Jennings asked if the Safety Manual was created on City time, and Mt..
Thompson answered that it was. Councilman Jennings commented that such booklets are
available from the National Safety Council.
Councilman Morton suggested that future manuals be dated.
ORAL COMMUNICATIONS
Mr. Robert Wagner, 8403 Seventh Street, stated he is attempting to build five houses
on the zero lot line on property located at Orange Street and Orizaba Avenue. He said it
is the first time this has been done in Downey, and he commented on the problems and
Council Minutes 10/9/72 -11-
delays in getting the work started. Mr. Wagner commented that the improvements requested
by the City are completed, excluding the street lights, and the new streets will be
completed in two days. He requested the City Council to approve the parcel map needed
to commence work on the structures.
It was moved by Councilman Morton, seconded by Councilman DiLoreto, and passed by
the following vote to approve the Parcel Map No. 3228 on property located at Orange Street
and Orizaba Avenue, subject to acceptance of improvements, and the City Council finds this
does not have a significant affect on the environment based on report of the Engineer.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Councilman Morton commented that he was designated sometime ago as the Councilman
to study and consider the Cable TV and Pay TV problem along with the City Manager and
the files on this matter are voluminous. He said Downey should start formulating
definitive plans in this field, because as a hub City, it is feasible that an inter-
change cable program could be set here, with possible use of the heliport. Councilman
Morton stated it is his impression from attending the last conference on this matter that
other Cities throughout the Country and State will be moving in this direction, and he
recommended that the City Council consider establishing a special ad hoc committee to
study in depth and make recommendations back to the City Council. He suggested that the
committee be comprised of approximately 12 citizens, to include Dr. Jordan Phillips, Mr.
Harold Treadway, Mr. Maurice McAllister, Mr. Iry Rosen, a member of the School Board and
local Press, City Manager, Public Works Director, and that a secretary be designated.
He requested that each Councilman appoint one member to the ad hoc committee. Councilman
Morton further requested that another Councilman should also be named to serve along with
him on this committee.
Discussion followed.
Mayor Winton volunteered to join Councilman Morton on the Cable TV Committee and
named the other Councilmen as alternates.
Councilman Morton said with concurrence of the City Council he would contact other
named committee members.
Councilman Morton commented on police time spent on investigation of traffic
dents and of time spent in writing reports by police officers. He proposed that
cost of the related traffic accident reports be equated to the actual cost for an
officer to prepare the report.
Mayor Winton asked the City Attorney to review the possibility of having such a
system for costing of traffic reports and to bring back a possible recommendation for
Council consideration.
Mayor Winton explained a slight change on future Agenda sheets, wherein any scheduled
pending hearings to come before the Council will be indicated on the Agenda Correspondence
index sheet below the Legal Claims section.
Mayor Winton reported on a meeting between staff, Councilman DiLoreto and himself
relative to inspection of the 105 Freeway and relative to City directions discussed at
the last Council meeting. He said it was determined to invite :the Director of Public
Works and/or Director of '.'Division of Highways and the local District Engineer,
Director of Division 7-State Division of Highways, to the City of Downey to view on a
field trip those violations mentioned and October 30th in the afternoon has been set as
the field trip date. Mayor Winton asked each Councilman to mark this date on their
calendar. Also, Mayor Winton asked the Police Department to determine what type of
patrol would be necessary to police the unoccupied home area in the freeway project
area. He commented that the City spends $16,000 to $20,000 per year for inspection of
this area by members of the Public Works and Buildifig d Safety Departments, and this
—foes not include clerical or inside report work. Mayor Winton stated the Freeway
:ommittee plans to set up guidelines for the Division of Highways of what the City would
Like the State to carry out over the duration of the 105 Freeway program.
There being no further business to come before the City Council, the meeting was
adjourned at 12:15 a.m.
�o 9:� )d-i4wye ,
ROBERT L. SHAND, CITY CLERK THOMAS H. MORT N, MAYOR PRO TEMPORE
Council Minutes 10/9/72 -12-